地方社区作为城市民主发展的工具:德国的经验和对俄罗斯的教训

A. Larichev, E. Markwart
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引用次数: 0

摘要

地方政府作为一个政治、法律和社会机构,在俄罗斯正处于一个非常困难的发展时期。由于新通过的宪法修正案,它从属于国家的长期趋势在今天得到加强。与此同时,似乎很明显,在解决社会经济和基础设施问题方面没有任何积极效果的情况下,地方政府进一步“嵌入”国家管理纵向,将不可避免地给地方政府机构和整个公共权力体系带来其他难以逆转的负面结果。然而,地方政府的正常运作不仅要求其在制度和职能上有足够的自主权,而且要求其实施有足够的领土和社会基础。为了确保形成可行的领土集体,特别是在城市地区,似乎应该在市内一级促进以地方团体为基础的自治的发展。这样的地方团体可以独立管理小规模的地方重要问题(景观美化、社会志愿服务和邻里互助),并在地方领土范围内,对市政当局维护更复杂和大规模的地方问题(基础设施的维修和发展、固体家庭废物的清除等)提供适当的民事控制。与此同时,地方社区的发展绝不可能是一种自给自足的替代机制,这种机制的采用将结束在整个市政结构的全部范围内实现民主的需要。在这方面,地方社区在德国的发展经验似乎非常有趣。德国是一个法律传统与俄罗斯相似的国家,有着数百年的领土社区发展历史,在建立民主和形成公民社会方面走了一条艰难的道路。在这里,地方民主形式的逐步发展和居民对地方事务管理的参与与市政府的稳定机制相结合,市政府与国家的互动并没有破坏现有的公民自治形式。与此同时,德国的经验表明,涉及当地人口的公共问题管理权力下放,只有在下述情况下才能有效:除了在一般市政一级维持一个成熟的自治机制外,有关的地方社区被赋予影响地方问题决策的真正能力和资源。正如德国的经验所表明的那样,城市地区正式的地方社区的作用不仅可以促进解决公共问题的权力下放,而且还可以帮助及时消除动员全市范围内具有负面议程的超级集体的触发因素。这种经验在俄罗斯的情况下似乎是有用和适用的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Local Communities as a Tool for the Development of Municipal Democracy: German Experience and Lessons for Russia
Local government as a political, legal and social institution finds itself in a very difficult period of development in Russia. The long-established tendency of its subordination to the state has intensified today in connection with the newly adopted constitutional amendments. At the same time, it seems obvious that further “embedding” of local government into the state management vertical, in the absence of any positive effect in terms of solving socio-economic and infrastructural problems, will inevitably lead to other hard to reverse, negative results both for local government institutions and the system of public authority as a whole. The normal functioning of local government requires, however, not only the presence of its sufficient institutional and functional autonomy from the state, but also an adequate territorial and social base for its implementation. To ensure the formation of viable territorial collectives, especially in urban areas, it seems appropriate to promote the development of self-government based on local groups at the intra-municipal level. Such local groups can independently manage issues of local importance on a small scale (landscaping, social volunteering, and neighborly mutual assistance), and provide, within the boundaries of a local territory, due civil control over the maintenance by municipal authorities of more complex and large-scale local issues (repair and development of infrastructure, removal of solid household waste and more). At the same time, the development of local communities can by no means be a self-sufficient and substitutional mechanism, whose introduction would end the need for democracy in the full scope of municipal structures overall. In this regard, the experience of local communities’ development in Germany, a state with legal traditions similar to Russian ones, with a centuries-old history of the development of territorial communities and a difficult path to building democracy and forming civil society, seems to be very interesting. Here, the progressive development of local forms of democracy and the participation of residents in local issue management are combined with stable mechanisms of municipal government, and the interaction of municipalities with the state does not torpedo the existing citizen forms of self-government. At the same time, the experience of Germany shows that the decentralization of public issue management which involves the local population can only be effective in a situation where, in addition to maintaining a full-fledged self-government mechanism at the general municipal level, relevant local communities are endowed with real competence and resources to influence local issue decision-making. The role of formalized local communities in urban areas, as the German experience shows, can not only facilitate the decentralization of solving public problems, but can also help in timely elimination of triggers for mobilizing citywide supercollectives with negative agendas. This experience seems useful and applicable in the Russian context.
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