THE FORMATION AND EVOLUTION OF LOCAL SELF-GOVERNMENT IN AZERBAIJAN AND MODERN LOCAL SELF-GOVERNMENT IN THE POST-SOVIET COUNTRIES (ISSUES OF LEGAL REGULATION).

Author:Ismayilov, Khayyam J.
Position:Report
 
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INTRODUCTION

The local self-government is one of the crucial components providing relationship between modern democratic state and citizen, as well as possibility of its participation in state governance (Brodkin, 1994; Ismayilov, 2011; Khamzin et al., 2016). Local self-governing bodies play important role of theory and practical aspects in solution of social-economical, culture and welfare, as well as regional problems of local level, which is increasing in accordance with the world practice on local self-government. The solutions of the problems of improvement of local self-government in modern times in Azerbaijan are the most important problems expected and required to be solved. Increasing the number of recent legislative acts reflecting the innovations of local self-government must be appreciated. And it is necessary to focus our attention on highlighting the forms of local self-government and traditions related with the local self-government in Azerbaijan.

The study and analysis of positive features of local self-government which historically existed in Azerbaijan is one of the most important issues. Among the investigated problems the main importance must be given to the legal grounds of the formation and activity of the local self-government, especially formation and evolvement of self-government organizations in Azerbaijan and defining the legal aspects of the relation of local self-governments organizations with other organizations, especially with other state organizations, and as well as determination of legal indemnities of the local self-government organizations. It must be notable to analyse the knowledge relevant to the formation of local self-government organizations in different periods of development of the Azerbaijani statehood. All abovementioned put forward the importance of the historical-legal analysis of formation, development and activity of local self-government organizations in Azerbaijan which act as an independent authoritative organization in different regions of Azerbaijan and implemented the functions of provision of socio-economic needs of the residents.

Problems in governance are present not only in Azerbaijan but also in other CIS countries. They are characterized by remnants of the centralization of the Soviet era (Khamzin et al., 2016; Rystina et al., 2017).To create an effective system of local government, it is necessary to consider the historical and cultural characteristics of the population (Leshkov, 1872). Therefore one of the primary goals, facing the legislator, consists in search of the logical compromise inherent in local management of traditions and innovations. In this case it will be possible to bring to nothing percent of origin of negative nuances at application of the given system in real life.

Self-government is such government performed by persons, not considered persons, holding a professional state post, when management, contrary to is state-bureaucracy, is performed by means of interested persons (Kasumova, 1993). Local self-government is the decentralized government provided with system of legal guarantees, creating a basis for a close connection of local state bodies with corresponding territory and its population, with comprehension simultaneously a reality and importance of decentralization of independence of local bodies (Brodkin, 1994).

International law imposes on local government responsibilities for promoting the rights and freedoms of man and combats their disorders. For example, the Economic and social Commission for Asia and the Pacific in the framework of the program "Decentralization to poverty reduction" ordered the relevant local authorities to provide basic services to the poor and to implement a program of development for them (Laws and regulations, 2005). Convention on the elimination of all forms of discrimination against women and its optional Protocol has laid on local authorities the task to allocate funds for the fight against manifestations of gender discrimination (Laws and regulations, 1979; Laws and regulations, 2002b).

In some cases also is expressed the desire to strengthen a position of local self-governments, as component of system of state structures, within the limits of interstate decentralization. However it is possible to consider unequivocal "nationalization" of local self-government as step back, comparing such social institute, as local self-government, to level of the theoretical judgements reached recently in connection with it and the progressive methods, connected with application of given institute in practice. It confirms also negative experience of such "nationalization" in recent times that is in Soviet period. Therefore we consider correct and necessary to approve the approaches, reflecting a place and a role of local self-government in a public plane and the state structure in more rational and existing realities--in more adequate form.

The socially-state character of institute of local self-government transforms it into the central link of the mechanism of mutual relations of a civil society and the state. And it determines the basic and leading role of local self-government in destiny of any state.

The local self-government is considered usual as decentralization and de-concentration of the authority. Thus decentralization is understood as transfer by the centre of separate powers to local elected bodies, and de-concentration as putting on of powers on the local administrative bodies appointed from the centre. Thus, in the countries with a high level of development of democracy the local self-government is perceived more as objective existence of division of the power on a vertical, providing logical distribution of forces at all levels of authorities, rather than as concept of initiative of local population. However, decentralization during the certain moments can pass in self-government. The reason consists that for such transformation change of the subject of management is necessary, that is the power should pass to earlier manage. Mankind stories are unknown cases completely voluntary transfer by carriers of the power of the functions to subjects on whom this power extends. "The softest" cases of transition from decentralization to self-government were observed during threat of the beginning of the sharpest social conflicts. Anyway, when the state was not capable to provide all local needs at this or that de-centralization of functions of territorial administration (Brodkin, 1994).

As an independent link of system of local self-government can act public self-government of territorial unit. Public self-government of territorial unit is the socially-representative form of local self-government, created by the population of certain micro territory (micro district, a housing estate, other parts of administrative and territorial units, and also village, settlement) on the basis of laws and the local normative acts accepted according to them, with use own and involved from outside material and financial resources for independent (under the responsibility) decisions of questions of local value in interests of the population of corresponding territory (Brodkin, 1994).

According to clause 3 point 1 "European charter of local self-government", accepted by the Council of Europe on October 15, 1985, "the local self-government is understood as the right and real capability of local consolidations to regulate a considerable part of public affairs and to manage it, acting within the limits of the law, under the responsibility and in interests of local population (Laws and regulations, 1990)". Speech here goes not about institutes, and about the local population which has united for the purpose of realization of imperious powers for protection of interests, caused basically the residing factor in one territory, that is, as about the subject of the power more. One of the major positions of the Charter consists that the local self-government right is implemented by councils or meetings as a part of the local residents, selected by free elections. Anyway, the local self-government according to the European charter of local self-government acts within the limits of independent powers.

By the law of the Azerbaijan Republic About the status of municipalities from July 2, 1999 the concept of local self-government is understood as such system of the organization of activity of citizens, which allows them to perform within the limits of the law the right on independent and free the decision of questions of local value and according to a part of II clause 144 of the Constitution of the Azerbaijan Republic to carry out a part of state affairs in interests of local population. This right is carried out in accordance with the law of the representative collective bodies (municipalities), consisting of members of municipalities elected by free, personal and secret ballot on the basis of universal, equal and direct suffrage, or assemblies of citizens. In order to fulfil its responsibilities, the municipalities may establish a permanently functioning Executive structure, bearing a responsibility to them (Ismayilov, 2011; The law of Azerbaijan Republic, 1999).

The local self-government is not only the form of self-organizing of citizens, but also a special kind of the public power. In this context we consider acceptable following determination of local self-government:

"The local self-government is the democratic institute of the public power, acting on the basis of principles of self-organizing and internal responsibility of local communities, which activity is directed on the decision of questions of local value in own interests."

Thus the local community is understood as group of the people, living in concrete territory (territory of municipalities), connected among themselves by general customs, traditions, the purposes and interests.

The analysis of concept and signs of local self-government allows coming to...

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