Transparency in the Process of Formation of the Local Administration: A Comparative Legal Analysis

By Mikheeva, Tatyana Nikolaevna; Kudryavtsev, Valentin Viktorovich | Asian Social Science, August 2015 | Go to article overview

Transparency in the Process of Formation of the Local Administration: A Comparative Legal Analysis


Mikheeva, Tatyana Nikolaevna, Kudryavtsev, Valentin Viktorovich, Asian Social Science


Abstract

Citizens join the democratic governance mechanisms participating in local governance and solution of local problems. Local administration plays a key role in these processes. The present article considers the main ways of electing mayors, municipal leaders in the USA and the UK. In the study we consider the experience of these countries and development of the local administration institution in Russia. According to the study results the authors made proposals to improve the Russian legislation in order to create additional opportunities for different categories of citizens to influence the process of formation of local authorities.

Keywords: local government, municipality, local authorities, local administration, the mayor, "city manager", the head of the local administration, local government authorities

1. Introduction

In order for the local government to be a real working system, it is necessary to ensure that the population has the opportunity to make the local authorities work in the interests of citizens. It is extremely important for local communities to control the activities of local government authorities, particularly the activities of the local administration and the head of the municipality (Mikheev, 2014, p. 66) In fact, these representatives of the local authorities carry out municipal policies and make decisions on priorities related to the development of municipalities, solve key economic and business issues. And the most important part of the citizens' control over the activities of local authorities is exercising their right to participate in the formation of government authorities in the municipalities. This is where the principle of transparency, one of the main components in the local government system, is embodied (Mikheev, 2014, p. 103)

It has to be said that the search for an optimal model for the formation of local authorities is particularly important for Russia in frequent changes in the legal regulation of this issue. Meanwhile, these changes cause various estimates made by Russian scientists-constitutionalists, that points up the relevance of the chosen research (Avakyan, 2010, p. 5). In this regard, it is interesting for us to consider the experience of legislative regulation of the formation of local authorities in countries with a centuries-old experience of local government. Russian legislators also took this experience as a basis for the development of the current legal framework in local government.

The objective of our study is to investigate, identify and compare the basic laws, the features of American, British and Russian experience of legal regulation of the processes of election of authorities in municipalities. For this purpose we set the task to determine the basic theoretical principles related to the possible use of American and British experience in local government system in Russia. We have the task to formulate practical recommendations for improving the regulations of the Russian legislation. The present article is devoted to finding the ways to strengthen the democratic principles of democracy at the local level in Russia during the formation of the local administration, as far as the experience in the municipal formation of the USA and the UK is concerned. The authors of the article studied the legal framework of the states and their municipalities, law enforcement practice, statistics.

2. Methods

In order to achieve the stated objective of the study both general scientific and specific methods specific to the science of state law have been used. Among general scientific methods the dialectical method has been used.

This method helps to consider issues under study and other social phenomena. The problem of formation of the local administration has been considered in terms of social, economic and political processes.

The use of the dialectical method allows to consider the importance of the system analysis. …

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