Vladimir Rijkov, Alexey Salmin "state Remodelling as a national commitment"

By development of the constitutional design of a formation sample of 1993 the then political superstrain aspired to the assertion of the domination by means of three practical measures:

- Making fasts of a to dominating role of the president in power system;

- Abductions to parliament and political parties of the subordinate, an auxiliary role;

- Grantings of large powers to regional superstrains in exchange for their political loyalty.

These principles consolidated in the Constitution, have predetermined political developing of Russia in 1990th years.

Having demonstrated readiness for rigid operations, the maiden president of Russia has managed in own way to solve a problem of provision of political stability. The country more did not worry political crises, comparable that happened in August of 1991 or in September - October of 1993. The government formed individually by the head of the state, became loyal to the president an instrument of control over economy and character of reforms. Capabilities of parliament and political parties to influence a policy and to threaten the power of dominative bunch have been considerably diminished. Regional superstrains in moments of rupture (as during campaign for B.Yeltsin's choices on the second presidential term) basically lent support to dominative bunch. Their representing Federation Council successfully blocked unacceptable initiatives basically oppositional to the president of the State Duma.

At the same time at a selected sample piece of political system faults have fast emerged essential, and thus system:

- Potentially complete presidential check over the government formed disregarding results of parliamentary elections, largely was devaluate lack of the propresidential majority in the maiden and second State Dumas. As a result many reforms by years did not receive legislative veneering and were spent (if at all were spent) by means of presidential decrees, and federal budgets were accepted with the significant stock shortage that has largely predetermined a financial collapse in August, 1998;

- Domination in political system of the executive authority (is more exact - separate offices and bureaucracy as a whole) at delicacy of the parliamentary check, a parliament non-participation in government making up, at a restricted freedom of speech, no-after Reformed judicial and law-enforcement systems, aggressive interference in a political life of financial and industrial bunches has predetermined corruption bloom;

- The wide autonomy in many respects forcedly granted regional superstrains, has ensured their political loyalty to the president (rather unfast as have demonstrated events of 1999), but has thus led to shattering of unified legal and economical room of the country, multiple contradictions of the regional legislation federal, widely spread practice of privileges which one received separate regions to the detriment of to national concerns.

Teared domestic, first of all interpanel and interdepartmental, contradictions "executive" (in practice - bureaucratic) the power incapable in such status to come to the consent concerning a development strategy of the country. Weak so the populist and irresponsible parliament consisting generally from the same stem of party fractions. Allout corruption when separate officers and even offices maintain concerns not the states and companies, and separate bunches of influencing and corporations. The wide orgy of a regional legal, political and economical outrage - such sort was acquired by the Russian state to exod of the second presidential term of B.Yeltsin.

As a result the economy worried perennial wane, Russia promptly lost competitiveness and items on international scene, and the reputation of the country in the world became is intolerable the bad.

COMPREHENSION by COMPANY and political class of penetrating crisis of the generated sample piece of political and economical developing has called requirement for vicissitudes. V.Putin became an embodiment of hopes of them. The majority of superstrains and the population as a whole "has trusted" in it, seeing in him of simultaneously guarantor of preserving of political stability, and the person who is not bearing responsibility for the most odious events 1990 (crash of the USSR, a painfull economic reform, events of 1993, a lesion in the maiden Chechen war, a financial collapse of 1998, etc.). The mode of "the retiring and fair explorer», «the effective officer», «the order adherent, but not the enemy of legitimacy and democracy» has not been bundled to the repellent sides of the Soviet season and was alien to the style of a new epoch calling the increasing condemnation, not associating with one of its characteristic social phylums (not "politician", not "democrat", not the communist, not «new Russian» etc.).

The main slogan of new presidency became and there is «a state hardening». Leaning against extremely high popularity, V.Putin and as a whole the political class which has undergone only minute personal fluctuations, have fast and successfully decided a number of commitments on hardening of the political items:

- During parliamentary elections in December, 1999 (and also successful political shunting subsequently) it was possible to gain the majority places in the third State Duma of the Russian Federation. So one of main contradictions 1990 - the contradiction between the presidential cabinet council and oppositional to the president parliament has been removed;

- In 2000-2001 basically the wide political autonomy of regional superstrains and their leaders has been liquidated. Seven federal districts have been for this purpose created and the Federation Council is reformed. There was the significant reconstituting of budgetary funds in favour of federal centre. The large part of agreements and agreements between the federal and regional authorities, yielding to regions those or diverse special privileges, has been terminated. Besides, federal government bodies have acquired the right to dismiss regional parliaments and to release from a post of heads of regions. Last furthermore have lost immunodefence from prosecution in the criminal order.

Two fundamental problems of a preceding period - destructive for the country as a whole the disloyalty of parliament and beyond legitimacy and common sense "state of exercising sovereignty" of regions - were, thus, successfully and are operatively overcome. Basically, the main political promisings, obviously or "by default" V.Putinym's data on choices of 2000, have been executed.

As a result, during the maiden term of presidency of V.Putin in Russia the new political regulations as a matter of fact were generated. Formally - on the basis of the same Constitution of the 1993 which has not undergone any textual fluctuations. For these regulations are characteristic:

- Power focusing in arms concerning the consolidated dominative bunch led by the president;

- A "technical" role of both chambers of parliament, as a whole loyal to this bunch;

- A "technical" role of the government, at high stability of its regular personnel (the cabinet council does not regenerate almost);

- The increased check from dominative bunch over national mass-media (first of all television channels), judicial and law-enforcement systems;

- Fall of a political role and capabilities of regional superstrains, their high loyalty to dominative bunch almost excluding independent politics tricks against a Center.

All these factors together taken, have allowed:

- To bolster high popularity of the working president (including at the expense of active propagation of achievements of the power which has become by a substantial part of the Russian political reality);

- To spend through parliament the major acts earlier blocked by the oppositional majority of the Duma (ground, judicial, labour, pension, tax, energy and so forth the legislation), that has allowed to accelerate economic reforms to create more comfortable conditions for economy revival;

- To ensure recovery of unified legal and economical room of the country, to fracture inter-regional parting layers, to recover the surveillance of federal frames on the places, lost in a preceding period;

- To consolidate foreign policy, having attached it more logical and more consecutive character in the strategic attitude.

Roadability the country as a whole has increased. The chaos and instability remained behind. Better steels to be observed laws, to be going to taxes, to be performed the budget. Economical growth was restarted. All it together with active foreign policy has considerably hoisted international authority and has enriched reputation of Russia in the world.

The new political regulations have appeared much more capable and effective, than former. Nevertheless in its nature and the organisation a number of system defects which one conservation is capable to entail slowdown of rates of growth of the country, and in more long-term future - political crisis with unpredictable consequences is still mortgaged.

Among these defects the cores are:

- The unfinished and opaque gear of continuity of the higher authority. The handover of power from the maiden president of the Russian Federation to the second had spontaneous character, the solution was accepted in a narrow circle of persons, public discussion of policy of the new leader missed. Such sample piece of a handover of power spawns the significant policy risks, making coming to power of each new president by the phenomenon similar to penetrating political crisis. Special though also a private problem there is a lack in the indicating Constitution on the second by turns "fellow-heir" of the president in case something happens to the fellow-heir maiden, - the prime minister, becoming (as it actually and has happened in 1999) fulfilling responsibilities of the president to choices, but not having the right to nominate the head of the government. This circumstance is is especially relevant, that the prime minister in the Russian Federation not only is the heir of a main body of authorities of the president under the law, but also is routinely accepted by public opinion as natural "fellow-heir" of the chief of state;

- In Russia there is no the high-grade political competitiveness which is basic principles of democracy and the relevant stimulant of social development. On changeover of a pseudo-democratic, dangerous competitiveness between "party in power" and «a batch of the former power», in a fever the country in 1990, contest of the democratic parties tendering the alternative designs economical and social development does not come. The role of chambers of Federal assembly, regional legislative assemblies was notably diminished. The significance of political parties, and also mass-media was reduced. Actual degradation of institutions of local government, marginalised local government problems in public and political debates was observed. The company, as a matter of fact, is discharged of discussion of legislative leadership in this range;

- Domination of offices (bureaucracy), characteristic and for a preceding period, was saved and has in some respects strengthened. Process of interdepartmental coordination has emasculated and prolongs to geld many of the declared transformations. The significant corruption at many levels of the power is saved. Growth of a fraction of costs of the state concerning gross national product became one of by-products of domination of bureaucracy. Departmental concerns prolong to dominate over national, that bates the efforts routed on putting in order in the major ranges of life;

- The commitment of compartment of public authority from concerns of the integrated business bunches (IBB) is not decided yet, or of so-called oligarchs. Last now are not so strong systematically to dictate the will of the federal authority or to its separate branches and members. But still it is enough their influencing successfully to lobby the specific concerns and to block any severe attempts of demonopolization of economy. In a number of regions role IBB even has increased, and as a whole for the past three years cores IBB became even richer and more powerful;

- Judicial and law-enforcement systems did not become less corrupt, but thus their administrative dependence has grown. It makes inconvenient a provision task solution in the politician and economy of "fair game rules».

The sample piece of the political system which have arisen for last three years, undoubtedly, is more effective, than previous. However it remains unmodern and still is not capable to ensure fast and translational developing of Russia.

All it predetermines congestive character of a political life at lost capability of the state to respond to calls of time and to be a motor of remodelling of the country. If the Russian political class and company seriously going to respond to calls of the present and to prolong business of remodelling of Russia, rising of competitiveness of the country the problem of inadequacy of the existing state to standing commitments should be realised in all its completeness. As well as necessity of its remodelling. Our state - is not so much today agent of the solution of problems of the country, how much one of these problems, and besides the major.

 

 

DIVERSE And the WIDE EXPERIENCE which has been accumulated almost for decade of existence of the reacting Constitution, allows to come to some conclusions and to attempt to tender reference directions of remodelling of the state. Thus a main purpose of tendered reforms are disassembly of those its devices which one slow down country developing, and blanket rising of competitiveness of the Russian state as guarantor of the right and supply contractor of public services.

Speech does not go exclusively about the constitutional reforms. Laws on a broader scale, and in particular laws the cores, it is necessary to change not when it probably and when it is absolutely necessary. Besides it is not necessary to forget, that in the country with enough discordant tradition of the attitude to the right immutability of the basic law - independent value for the sake of which one it is possible to go on specified a victim.

As the main defects shown the past decade (blanket both for maiden, and for the second presidency) and thus enough traditional in a context of the Russian history, it is possible to designate the following:

- Such focusing of the power at «imperious centre» which one assigns to it and excessive responsibility, not always reinforcing its real, and not just the declared authorities;

- Personification of this power which one puts its efficiency in too high dependence on such ephemeral substance as "rating" that forces the power to pay excessively major attention to technics of its keeping up;

- Stock shortage of a political competitiveness at all levels the authorities;

- Stock shortage public and political, including parliamentary, the check over sovereign and the executive authority, in particular over bureaucracy;

- nondivided political and administrative functions in enforcement authorities;

- Blanket institutional delicacy of representative bodies and political parties;

- Chronic stock shortage of national discussion about real problems of the country, alternatives of its developing;

- Incompleteness of building of attitudes in system «a Center - regions - a local government», that spawns dash asided from superdecentralization to supercentralization;

- Lack of the effective gear of "self-attuning" of these attitudes, result ining to that their correction in practice looks as any «blanket pulling» between a Center and regions at silence of institutions of local government;

- Insufficiently accurate isolated public authority members (in all its branches) from the business bunches, result ining to ubiquitous unfair extirpation with competitors with the help of "administrative resource» and in the issue - to collapse of competitive medium, to economy monopolisation.

All it abandons the Russian state (despite indisputable progress of the last years) unmodern, non-after reformed, inefficient and in the end insufficiently competitive in acute extirpation for capitals, technics, human and geopolitical resources.

 

 

AT DETERMINING of ROADS of overcoming of system defects it is necessary to solve first of all a question on fate of the reacting Constitution of a formation sample of 1993. Whether it is possible to perform indispensable remodelling of the state without significant constitutional fluctuations?

The answer as a whole - positivegoing. The reacting basic law, at all defects, allows to upgrade the state, not leaving for the frameworks, and, is besides, modern enough for provision of guarantees of basic rights and freedom of citizens, effective activity of government bodies and economical subjects.

Overcoming transferred above defects of existing political system probably by implementation of following measures and the reforms requiring wide and unbiassed discussion:

- One of key questions of remodelling - remodelling of institute of presidency. Many analysts regard necessary to return to V.Putin's which has been put forward in the annual Message to Federal assembly in 2000 the initiative, - about a telescoping of candidates on a post of the head of the state from political parties. Membership of the president in political party could create necessary conditions for a real political competitiveness between batches, enhance a role of batches in political system, deliver the head of the state under effective public control. Such walk could approach essentially the Russian political system to the standards accepted in developed democracies where heads of the states (governments) all without exception are terms of batches and are pushed by batches;

- In order to avoid making up in the latter case (including the heads of all ranks and businessmen from leading sectors of economic activity) it is necessary for authoritative "party in power" of "east" phylum to harden embargoes on membership in batches of officers (state employees);

- It is necessary to ensure legislatively more accurate "delution" of functions, authorities and modes of the president, the government, Management of the president, Security council. For this purpose to elaborate and pass laws on Management of the president and Security council. Rather minor at a high rating of the head of the state, this problem can become crucial under the variated circumstances. Probably, it is necessary to base on these laws following principles: the president - the guarantor of the constitution, the arbitrator, a supreme commander in chief, main "intercessor" for the people which have elected it in the power, its advocate from bureaucracy; the one who forms a government on the basis of political philosophy dominating at present and logic even if personally it not up to the end devides them etc. The government expresses these philosophy and logic, investing them in system practical operations. The management of the president and Security council - its civil and power "headquarters" producing policy of the presidential power and helping it to state political (and not just and not so much administrative) philosophy and areas of activity;

- It is required to yield the concrete answer to the principal points bundled to bridling of offices and the Russian bureaucracy, rising of general efficiency of the executive authority. How to transmute ministers from officers, lobbyists of the offices, into the politicians, aspiring to educe both the branch and the country as a whole, including contrary to will of the officials which are under their kickoff? How to overcome ancient illness of our statehood - impossibility to produce a consecutive government deal in the conditions of continuously going interdepartmental war?

To many in Russia for a long time it is obvious, that the solution of these problems probably only by government making up in unison the president and parliament. The major, it is desirable - at determining of makeup of an office results of the next parliamentary elections should play a main role. The government of the parliamentary majority can be formed within the limits of the reacting Constitution (the conforming design of the federal constitutional law is present in the Duma). Ministers should be exclusive (or as a rule) the politics transited through choices and belonging to this or that batch. Practice of "ministers-professionals" (that is departmental lobbyists without political colouring and motivating) should be finished. Thus it is necessary to introduce institute of professional chief deputies of the ministers ensuring continuity of operating performance of the ministries at political fluctuations.

Essentially new principle of making up of the government of the Russian Federation could help to devide concerns of the ministers-politicians interested in success of the batch on the regular election, from corporate concerns of offices. Politically uniform government could overcome departmental dissociation, produce the genuine governmental policy (on the basis of the party program). Ministers-politicians would struggle with corruption, than present ministers-bureaucrats without delay. Responsibility for effects of the governmental policy would be born by a concrete batch (coalition) that would help originating of normal parliamentary opposition, developing of a political competitiveness. The president in this case would execute a role of the guarantor of stability, having the constitutional capability to generate a presidential ("technical") office in case of any parlamentsko-governmental crisis. Simultaneously with it follows political methods to shun a situation of opposition of the president and the head of the cabinet council. The constitution maintains the conforming gears and authorities of the president:

- For building of more predicted and transparent gear of drive of a sovereign power it is possible to tender the working president in case of its successful re-election for the second term to make the basic statement not only that this term is for it last, but also to invite leading political forces of the country to severe opening-up for a following selective cycle, for the organised and responsible discussion of problems of the country, a telescoping of the balanced alternative development programs, as well as party candidates to the maximum post in the country;

- It is necessary to "make secure", having put into action size standard about a consecutive handover of power in case of disability of the head of the state, its heir etc. To fulfil the responsibilities. To make it basically it is possible, not changing the Constitution, - for example on the basis of a rule educing it federal constitutional or even the usual law;

- It is necessary to encourage a political competitiveness in every possible way. For this purpose, in particular, it is necessary to harden limitations on employment of posts more than on two terms successively. It is necessary to rectify an error enabled by the State Duma and the president which one has allowed the majority of heads of regions to hold the posts to four times successively. It is necessary to encourage in every possible way formation of large mass democratic parties, including oppositional. Probably, it is necessary to return for a while to anonymity of instalments to party cash desks, to warrant to the batches introduced in parliament, wide access to a tele-and to an air on national state teleradio channels;

- System correction of the legislation on batches is required. Conditions for building of fresh consignments should be as much as possible liberalised, and capabilities of the administrative surveillance of this process - are shown to a minimum. Recently accepted political parties law preserves present party system and the characteristic sidesways for it, folds or hinders a runout on a political arena of new political forces;

- Accelerated privatisation of national channels of TV is necessary. This commitment is intoned, but not decided. Behind the state it is possible (though and it is undesirable) to abandon only RTR and "Culture", thus and in them to enhance a role of the public supervisory boards, to remove real steering of ports from under administrative frames. Other national television channels should be privatised or converted to the present public TV warranting peer access to an Aether as party in power (coalition), and opposition. The conforming administration bills are already designed and are in the Duma;

- Was relevant also to encourage a freedom of speech at regional and aboriginal levels. It is necessary to confine legislatively (or at all to embargo) the right of government bodies of all levels to found the mass media, as well as the right subsidize mass-media from budgets;

- To make amendments to the law about Returning to chamber of the Russian Federation, dilating authorities of this main member of the parliamentary check. To dilate capabilities Returning of chamber on realisation of factfindings of queer transactions including the states. To make fluctuations to the legislation on the organisation of government bodies in subjects of Federation and about a local government, considerably dilating supervisory powers of representative bodies in regions and on places;

- It is necessary to return to a question on federal act accepting on parliamentary factfindings, having dilated thereby State Duma and Federation Council supervisory powers. It will allow to create, in particular, the effective gear of reacting on the facts of abuses and the corruption, published in the mass media, today more often remaining without the answer;

- Fluctuation of approaches for administrative reform which one while is reduced to half measures (and even to separate rather dangerous measures) is necessary and is prepared by a state machinery. It is indispensable penetrating and a radical reform of the state members and machinery of state with simultaneous audition of all current legislation about "cleaning" of authorities of the state members and officers. The new legislation on public service should delimit clearly professional work of officers, free from a policy and economic interests, from a line of leading ministries and offices of politicians. Politicians vary with each choices, officers should prolong to work at any political management. All these principles and the new legislation should be designed under the guidance of the public politicians who have transited through choices. The national commission on administrative reform from 10-15 known politicians, on a multi-party ground, led by an authoritative political figure (by analogy with Zhiskar d'Estenom in the European convent) can be for this purpose generated. The commissions should be attached all indispensable authorities and means with simultaneous determining of term of its job (for example calendar year). There are no doubts, that tenders of the commission will get support in the State Duma and can be fast accepted and introduced;

- Consecutive finishing to practical effect of so-called federal reform which one purpose is clear split of authorities and responsibility between a Center, regions and a local government. Thus behind each level of the power the natural profitable radiants allowing in main in full to implement the made fast authorities should be consolidated on a longtime ground. The significant reduction of a fraction of the federal budget in the consolidated budget of the country and drive of the significant volume of incomes to regions and on places should become a necessary condition of it;

- The present Federation Council does not respond commitments of remodelling of the country owing to the weak legitimacy and excessive loyalty of the executive authority. A feedback with regions is as a result lost, the hazard of rasping legislative errors has grown. It is necessary to accept as soon as possible the novel about the order of making up of the Federation Council, providing its election by direct vote by citizens (the conforming designs are in the Duma more narrow);

- The question of amalgamation of regions should be decided very cautiously. Really speech can go about several most obvious events when the attached subject of Federation pronouncedly cannot is high-grade to execute the conforming authorities and when consolidating with stronger the neighbour in practice will bring the blessing to citizens;

- The solution accepted in 2000 on building of seven federal districts was the severe indent pertaining to possible fluctuation of administrative territorial division of the country, and also reduction of the regional legislation in conformity with federal. However the declared purposes are implemented only particulate, including in the field of the legislation (significant contradictions between the legislation of Tatarstan and Bashkortostan and the legislation of the Russian Federation are for example saved). The concept of federal districts and has not received legislative making fast, and functions of ambassadors remain scoured. Moreover, for the last one and a half year in activity of plenipotentiary representations bureaucratic tendencies have strengthened, there is an apparatus growth, ambiguous interference in an economic life of regions and the separate companies.

Now it is necessary to be specified, to the extent practicable preserving of system of federal districts and whether can contribute it in practice in a task solution of remodelling of the state. Otherwise this gear can is definitive to become a constituent of federal bureaucracy, completely having lost the initiating significance;

- For institutialisation the difficult and diversiform attitudes on a line «the state - business - company», first of all in a sector of the economy and social development, it is possible to consider a capability of building of national Advice on economical and to social development where on the parity basis quoters of the state would enter, business associations and trade unions. Discussion of strategic questions of social and economic developing, galling of wide social compromises could become the Advice commitment. Building of such institute could help balance looking up with the solution of such challenges, as the bias between thermal power station and a manufacturing industry, between exporters and the companies oriented on home market, and also problems of the monstrous social lamination which have become by a whip of the up-to-date Russia.

Comprehension of system defects of existing political system and implementation of a complex of longtime measures on their overcoming will allow the Russian nation to receive more up-to-date, open, democratic and in the issue the competitive state.

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