THE RECALL OF AN ELECTED OFFICIAL OF LOCAL SELF-GOVERNMENT

  • Valentinа Vladimirovna Naumkina N.F. Katanov Khakass State University
Keywords: head of municipal entity, local self-government, local government authorities, elected official of municipal entity, responsibility, recall

Abstract

The urgency of the research is caused by the imperfection of federal legislation regarding local self-government. The paper reviews the recall of an elected official of local self-government as a type of responsibility of an official and a form of public participation in the decision on the matters of local significance. The possibility to influence administrative matters in a municipal entity is the basic idea of local self-government implementation. The absence of mechanisms of influence on the elected officials or the imperfection of such mechanisms reduces the possibilities of civil society and makes public participation fragmentary. The recall as an evaluation category provides a feedback with public. The aim of the paper is the analysis of the reasons and legal nature of the recall of an elected official. The legal regulation of the recall has the polemical character and has a number of deficiencies. The reasons for application of the recall of an elected official and the existing procedure do not allow making a definite conclusion about the nature of the recall as a type of responsibility of an elected official. The paper analyzes the recall in comparison with the impeachment of an official. The restricted approach of the legislator limits the use of this form of public participation in the decision on the matters of local significance by the local community. This generally reduces the possibilities of public influence on the activity of the officials. In practice, the imperfection of the legislation does not allow the population to recall an official who is not able to deal with the administrative matters or makes decisions not meeting the interests of local community. It is necessary to change the concept of the recall of an official. The paper formulates the proposals on the changes to legislation.

Author Biography

Valentinа Vladimirovna Naumkina, N.F. Katanov Khakass State University

Doctor of Sciences (Law), professor of Chair of Public Law, Director of Institute of History and Law

Published
2019-06-27
Section
Статьи