Article: Constitutional bases of akims (heads of the administration) election
Constitutional bases of akims (heads of the administration) election
Alzhan Stamkulov,
Published in zakon.kz
In Kazakhstan, many intellectual resources are dedicated to resolving questions on the operational effectiveness of state institutions, while not paying attention to its institutional development. This all resembles fighting the symptoms of the illness and not its causes. In the scientific and legal environment, the topic of institutional development will be something like a terra incognito or a secret protected by seven seals. If the election of governors, heads of local executive bodies in developed countries is a long-established key step in the institutional development of many states, in Kazakhstan, for example, the issue of akims election remains unexplored.
At present, there are few scientific and legal publications on this topic, however, it still remains to some extent marginal and is a tangle of many misconceptions, manipulations and even insinuations. We will try to untangle it and show a panoramic view on the subject of election of akims to understand whether we need to elect akims or not? To do this, we will try to present the material in a rather unusual way instead of a plain scientific-legal article. But, we dare to assure you that this material was collected on the basis of 15 years of empirical observations and field work. There are few theoretical studies in the material and some simple theses are put forward. Some cases have been specially modified for depersonalization.
The provisions of the Constitution of the Republic of Kazakhstan on election of akims
Paragraph 4 of Article 87 of the Constitution of the Republic of Kazakhstan provides that akims of regions, cities of national importance and the capital are appointed to the post by the President of the Republic with the consent of the local representative bodies (maslikhats). All other akims are appointed or elected to the position in accordance with the legislation of the Republic of Kazakhstan. It is obvious that the Constitution does not prohibit the election of all other akims in Kazakhstan. Therefore, there are no legal prohibitions and restrictions on the transition of state institutions to the election of akims. Another question arises; do we need the election of akims?
Role of akims in the economy and society
To begin with, let’s understand the work of the akim for the population, for the budget and for the economy of the administrative-territorial unit. Consider the following cases.
Spring floods. Every spring villagers are saved by rescue services from spring floods. Japanese specialists on water structures recommended making concrete dams with discharge of flood waters, since such a construction is economically more profitable than to fight floods every year. Despite this, akim of the region annually carries out a tender for the purchase of works on dam construction from flood waters, so that the village does not flood in the spring. The dam is built every year from gravel and embankments with the help of a tractor and excavator. Every year, such a temporary dam is washed out by rain. There are no violations of procurement. The budget is used every year by 100%. When budgetary drafts are laid, the expenditure on health, education and science is cut in parallel. Residents of flooded settlements will think of moving to cities or even leaving Kazakhstan, but inert thinking does not allow them to abandon or sell already dilapidated houses.
Water pipes. The akim of the village works every year on the water supply program. Every year he holds a tender for the delivery of water by car. The budget is used every year by 100%. Local residents complain that water delivery by car does not always happen on time. The local company proposed to make a well for the village and conduct a water supply in the village. Akim did not show interest, although this is in the interest of local residents. In spite of this, one enterprising entrepreneur-farmer made a well for his village at his own expense and ran a water pipe, because the local residents did not have any money. Akimat (local administration) regularly holds a tender for the delivery of water by a truck anyway. The budget is used every year by 100%. Budget spending is laid every year, reducing the cost of social assistance.
Urban curbs. Local residents complain to the akim that asphalted roads are not everywhere. Akim accepts the citizens on Wednesdays. On Wednesday, it is not possible to have a meeting with the akim, since he is too busy with a small town. Nevertheless, the akimat carries out a tender every year to purchase works to replace curbs that have not been destroyed. There are no violations in procurement. The budget is used every year by 100%. It can be concluded that the akimat probably knows better what the needs of the local population and business are.
Law and security. Akim promoted the appointment of his relatives as heads to the local school and the police. A schoolboy was raped by high school students from another school. The principal of the school in which high school students are studying did not begin to examine complaints from the parents of the affected schoolboy, since this is a failure in educational work with high school students. Local police also did not take any action and did not register the appeal of citizens, so that good statistics do not deteriorate and 100% success in combating crime is kept. On the contrary, the head of the school and the head of the local police asked the parents of the injured student to take back their complaints and letters. Akim and the head of the local police department need statistics for Ak Orda about a 100% victory over crime.
Creating jobs and replenishing taxes. A businessman from a small business wants to build a small factory. He needs land for this cause. He is ready to redeem the land from the state. Deputy akim of the region meets with a businessman, promises to help him, but does not help and does not cooperate. The businessman is tired of going to the akimat, as the akim and his staff do not help. The businessman waited inconclusively for half a year, because he was not going to court the akim and his team. The businessman bought land from private traders in Russia, in the border area with Kazakhstan, and there he launched his factory. The economy of the neighbor receives taxes from the income from production and the incomes of workers of production. The neighbor's economy has become a little better at the expense of jobs, investment and tax revenues.
What will happen if akims are elected?
The above mentioned cases and examples show that akims in the cities, in regions and remote villages have a huge impact on the quality of life, security and economy. They have the most important powers that can concern every resident directly. They can promote the economic development of other countries and vice versa, promote the development of their country or region. They can develop and create infrastructure, or they can damage it. Also, they can determine social development or slow it through schools.
What will happen if the akims are elected? How can the election of akims solve the above mentioned problems and difficulties?
If the akims are chosen directly by the local population, the motivation system of the akims will change greatly. Since the akims are appointed by the president of the Republic of Kazakhstan, they are ready to work and serve the president of the state in every possible way. For example, to paint the border with white paint, to plant the seedlings along the road along which it will pass. If akim is appointed by the results of voting, then such fake work for the president will not please townspeople or villagers, as they will be impossible to deceive by postscripts and other fakes, and also purposefully bloated staff for such work.
At a meeting with the regional, district and rural akim, it is very difficult for a common person to get to speak out about social, domestic problems or commercial, business proposals. With the election of akims, akims will be available to the public, ready to listen to complaints of residents. If the akim is engaged in populism and does not work, then such akim will not win the next election, since voters will no longer believe him.
The electivity of the akims will sooner or later cause political competition for proposals to improve the district, village or city. Candidates will try to understand the problems and needs of the population. They will think how to solve such problems, what can be done? Prior to the elections, every political adviser to the post of akim will propose his own version of the 4-year development and problem-solving program. Local residents will choose the program and the candidate who will offer the most popular programs. So far, there is no mechanism for determining the needs of the population, while the akims are trying to distance themselves from solving everyday and social problems, try to just stay in their chairs, try to monetize their tenure as akim.
Of course, constitutional reforms in the sphere of powers of parliament and government are important, but, in any case, akims play a key role. No government programs, no inspections can influence the development of regions, unless the akims become elected.
Why elective akims will become more effective managers, rather than appointed akims?
Elective akims
Let's consider the possible cases of work of elected akims. For example, the akim of the city who won the election promised to save the city from crime, in particular cafes and restaurants from extortionists and hooligans. Akim, first of all, will start to think how to motivate the local police to fight crime. He will in every possible way promise public housing to the police department, to attach to state awards and prizes. Akim will think about video surveillance systems in the city, as well as street lighting, the purchase of cars for a permanent police patrol, the expansion of staff, and the creation of good housing conditions for the local police.
The akim of the district, who won the election, promised the shepherds to provide a good education for their children for a social elevator and equal opportunities. Akim will first seek and invite the best teachers to the area, motivate them with good social welfare and bonuses. In addition, he will work to provide state funding for the participation of schoolchildren in out-of-school educational Olympiads, the participation of schoolchildren in sports sections; he will ask the Ministry of Education for help. He will look for an opportunity to build sports sections through public-private partnerships or state tenders. He will look for sponsors in case of meager budget possibilities.
Akim of the region, who won the elections, promised support to all entrepreneurs, private traders, and farmers. After the elections, the akim will begin to really consider business plans and ask about the support of their projects, including opportunities for access to electricity, water, sewerage, transfer of orphan property (on the balance of the akimat) to private ownership through public-private partnerships or through privatization.
The German approach. In 2014, leaders of various German lands came to Almaty, something like regional akims. Each head of the land, personally invited Almaty businessmen and praised his land with great opportunities, good laws, good workers. The leaders of Bremen, South Saxony, Bavaria invited Kazakh entrepreneurs to develop and open production with them, to conduct business there. If Almaty businessmen did not want to open factories or companies in Germany, then they were offered to trade with these lands, to purchase high-quality land. They argued for low federal and local taxes, the discipline of German entrepreneurs and local workers. Each land has everything necessary for doing business: light, water, energy, infrastructure, good trade relations with its neighbors in Europe and in the world.
In the most highly developed countries, local executive bodies are always elected. For example, California Governor Arnold Schwarzeniger provided maximum benefits for the car company Tesla. If the akim is elected, he tries to fulfill his promises to local voters.
Types of election and appointment
The above options for akim elections refer to direct elections of akim by local residents of a particular administrative-territorial unit. And what if the elections of akims are not direct? For example, by electing deputies of local representative body (maslikhats) through voting. It seems to us that indirect elections or appointments of akims through the voting of Maslikhat deputies will not lead to the desired results, as the direct connection and motivation to work directly for the local population will be lost.
Conclusions
Kazakhstan reached its development peak in 2014 due to the highest oil prices. The economy is now gradually trying to reach the peak of GDP in 2014. There are no hopes for oil and other minerals. We have many obstacles and difficulties. Akims can become a powerful stimulus for development in the regions in the above-mentioned cases. Akims have the most extensive powers in the regions and on the ground. They are the closest to people and to business. Akims can improve the level and quality of life, ease of doing business, and create an infrastructure, provided that they are motivated to work for the local population, to direct electors.