Rus News Journal

Indivisibility principle

last year the power declared a course on return to real federalism. However, having studied the closed materials of multimonthly discussion in the government, " the Power " has come to an unfavourable conclusion: federal departments do not want to delegate responsibility and taxes to places.

in the near future the government will return to almost forgotten subject of decentralisation and delegation of power on regional level, have told sources " the Authorities ". One of the reasons possible deterioration by autumn of the macroeconomic situation, connected with falling of the prices for oil, and probable strengthening of social intensity in the country. For the first time to reflect on power decentralisation too it was necessary in a crisis situation.

when forest fires of summer of 2010 have a little ceased and analysis of system errors has begun, officials for long time have started talking for the first time about an inefficiency of distribution of federal and regional powers: Subjects of the Russian Federation did not have not enough money for execution passed by it from the Ministry of Emergency Measures of powers, to municipalities on purchase of technics, the Wood code did not allow to watch effectively wood, and all departments of all levels shifted responsibility against each other.

in the electoral plan the federal authorities have got off then with an easy fright. According to polls " Levada - the centre " from August, 2010, Russians remained not offended by the country leaders, some weeks struggling with fires from TV screens: only 12 % have supported resignation of a management of the Ministry of Emergency Measures and other federal departments, only 3 % for resignation of the prime minister. Thus 25 % named fires a consequence of easing of control of the federal authorities over regional in forest conservation questions, and only 12 % have found the reason that " the country leaders select at the regional authorities of means for forest conservation ".

Nevertheless the subject of effective distribution of powers between the centre and regions has not died. Acting on Sankt - the Petersburg economic forum in 2011, Dmitry Medvedev declared a course on scale decentralisation of the country: " If all starts to work or moves on a signal from the Kremlin, means, the system is impractical, it needs to be arranged under the concrete person. It is bad, it means that the system needs to be changed ". However, explain sources " the Authorities " in the Kremlin and the government, the sudden initiative of the president had an important reason to summer of 2011 sociologists have fixed falling of ratings of a tandem. And already then it was clear that more and more negative attitude of Russians to the first persons of the state and party " an United Russia " it is called first of all by a state of affairs on places.

Besides, in the Kremlin and the White house there were serious doubts in success built in zero models of relations of the centre and regions. " Russia in the exercises on superfluous centralisation has really come to the handle, and at level of expert and sane elite it became obvious that the additional engine of economic development is connected with decentralisation " has told " the Authorities " general director IRP Group Damask steel of Joiners.

the economic reasons of necessity of returning to federalism are listed in the report prepared in April, 2012 " the Open government ". The basic painful points: insufficiency of profitable base and a profitable autonomy of regions and municipalities, federal authority intervention in sphere of powers of regions, an excessive regulation and control over activity from the federal centre, superfluous volume of the reporting. To solve these problems it is possible, having restored autonomies of subjects and having provided the maximum stability, simplicity and a transparency in federal relations.

for realisation of delegation of power in regions Medvedev has created working groups under the direction of vitse - prime ministers Dmitry Kozaka and Alexander Hloponina. A public result of work of groups Kozaka Hloponina steels two working meetings with Medvedev in the end of 2011 and December session of the State Council concerning decentralisation. Since then this subject almost has completely disappeared from the public summons and was developed at level of the closed governmental correspondence. In public space there was only an April report of a subgroup " the Open government " on the regional policy and decentralisation of powers which worked under the direction of eks - the governor of Kaliningrad George Boos. And, tell sources " the Authorities " A regional part of the report at once it has been decided not to advertise specially, therefore offers remained almost not noticed and were not mentioned almost in mass-media. " already after the State Council it became clear that a subject sharp and unpleasant including for regional heads, one of participants of working groups has shared. for presidential campaign it has been solved more subject not " to highlight " ". As following the results of mass meetings after elections to Duma the bill of returning of direct governor`s elections so the decentralisation summons was built more likely in political, instead of in an economic plane has been urgently prepared.

nevertheless activity of working groups Kozaka Hloponina was not fruitless. From it there were working materials in which the circle of ideas on the decentralisation, discussed in the Kremlin and the government, and also a position of key participants is listed. These materials, according to interlocutors " the Authorities " are now taken from - under cloth and are urgently finished. " the authorities " it was possible to familiarise with a part of these materials which allows to understand, in what direction the closed discussion about returning to real federalism develops.

in - the first, in the beginning of 2012 Minregion has prepared amendments to laws " About the government of the Russian Federation " and " About the general principles of the organisation legislative (representative) and executive powers of the government of subjects of the Russian Federation " fixing powers of the president and the government on " to delegation " powers to regions (in the middle of February bills are directed in it is state - legal department of the president). In - the second, vitse - prime minister Kozak has directed to president Medvedev some letters with the summary record about the done work. At last, officials have spent scale inventory, having made the list of those powers, which federal departments are ready to give to regions and on the municipal level, those powers, which regions and municipalities ask from the centre, and also having listed those sources of the incomes necessary for execution of these powers which the centre is ready to pass regions. All offers of the government and subjects are issued in the form of tables with which it is possible to familiarise more low.

that wanted by the government
the Government has made the list more than of hundred powers which are offered to be passed subjects. There are two ways of transfer delegation to federal enforcement authorities and transfer as the own. Delegation, as a matter of fact, time delegation of power on more low level of the power with response and control possibility higher level. And own powers are fixed by the federal and regional legislation. If by the end of 2011 all working over a decentralisation question agreed in opinion that subjects should be passed powers as own now all departments are ready to delegate responsibility only as the delegated. The role the criticism from whom Vladimir Putin on the December State Council has acted has played also. The prime minister has declared that the majority offered for delegation of power, including national crafts, concern questions of national conducting, and has called not " to dump all in regions and municipalities ".

it is difficult to name Offers of the ministries and departments generous. For example, Rospotrebnadzor suggests subjects to spend the organisation and carrying out of checks of requirements of the sanitary legislation and check of the goods and services, and also to inform the population on threat of epidemics and to enter quarantine. Roszdravnadzor it is ready to delegate, in particular, control at the reference of medical products (except drugs), licensing of pharmaceutical activity, the admission to medical activity. Rostrud control over observance of the labour legislation and preparation of labour arbitrators, Minkult both #150; restoration and state protection of objects of a cultural heritage, Rosstandart control over quality of motor fuel let out on the market.

the Ministry of Emergency Measures delegates, perhaps, the most serious the organisation of suppression of fires in settlements, except for fires in closed administratively - territorial educations, on the objects crucial for national security of the country, other especially important fire-dangerous objects and at carrying out of actions of federal level with a mass concentration of people.

and here offers of Minpromtorga Unique department, whose powers are offered be not to delegated, and to pass as own concern exclusively national crafts.

in a question on the form of delegation of power the opinion of officials cardinally differs from a position of experts from " the Open government ". " Here we strongly disperse in vision. My opinion and opinion of the majority of members of a subgroup consists what be maximum powers should in the property, instead of delegated " shares with " the Power " Boos.

loading regions with additional work, the government simultaneously suggests to release them from a part of burdensome obligations, having passed them to federal level.

so, back in the centre the prevention of emergency situations of intermunicipal and regional character and liquidation of their consequences can depart. Now at subjects agreements are entered into with the Ministry of Emergency Measures, on which to the ministry and so corresponding powers with financing at the expense of subjects are delegated. Now it is offered to pass definitively them to federal level with financing from the federal budget. Also the Ministry of Emergency Measures is offered to pass the organisation of suppression of fires forces of the State fire service.

it is offered to pass to federal level financially - technical maintenance of activity of world judges, an establishment of the status of the world judge, organizational maintenance of activity, and also professional retraining of world judges.

with some powers subjects simply do not consult, for example with health protection some question, especially regarding expensive programs, follows from government offers. From conducting regions it is offered to pass the organisation of placing of orders for deliveries of medical products to federal level for treatment of malignant new growths, preferential medicinal maintenance sick of a diabetes, oncological diseases, revmatoidnym an arthritis, and also the organisation specialised (sanitary - aviation) to the first help.

that wanted by subjects
" Differentiation of powers it after all not only end in itself, has philosophically answered a question " the Authorities " about wishes of subjects the president of Bashkiria Rustem Hamitov. Now there is no main planning centre in Russia which would define development trends. Powers are necessary to us, that we could write programs. If it is not done by uncle Vasja in Moscow, allow to me work to execute. Money never suffices. Business in possibility to plan the activity ".

subjects twice have less than Offers, than at the government (only 44), but they it is ready vesomee: regions ask own, instead of the delegated powers. " in spite of the fact that under the budgetary code federal bodies have no right to delegate to regions of power without instructions of profitable base on their realisation, de - fakto we remain without money for their realisation. Better to say, on us get rid of all functions inconvenient for the federal centre " regional officials complain.

now, for example, as own powers regions want to receive disposal of legal proceeding about the administrative offences, budgetary funds concerning no-purpose use and means of the state off-budget funds, infringement of term of return of the budgetary funds received on a returnable basis, and infringement of terms of a payment for using budgetary funds.

Under the control subjects would like to take away supervision in sphere of preservation of the environment (except especially protected natural territories). Authors of offers explain that now federal bodies are not interested absolutely not in ecological control realisation. For supervision financing in sphere of ecology subjects suggest to allocate with it and a concrete source of the income redistribution in favour of regions of a payment for negative influence on environment of legal bodies and individual businessmen.

also subjects suggest to allocate with it the whole package of the powers, amateur regulation amateur and sports fisheries.

also regions consider that in a status to establish maximum permissible street prices on separate kinds of socially significant articles of food of the first necessity, and also to confirm schemes of a heat supply of settlements and city districts with population of 500 thousand persons and more.

the Greatest similarity regarding wishes of federal and regional bodies was received by offers of Rosreestra with the subsequent reduction of territorial bodies of the last. In particular, subjects suggest to incur rendering of state services in sphere of the state cadastral account, a cadastral estimation of real estate and the state check in of the rights to real estate.

municipal level
to Municipal authorities from regional is offered to delegate responsibility on licensing of retail of alcoholic production, control over observance of rules of sale of separate kinds of the goods, rendering of services of public caterings and observance of rules of consumer services.

And the organisation of actions of civil defence, safety of the population and objects of ability to live, protection of the population and territory of settlements can pass to level of subjects from municipalities from emergency situations of natural and technogenic character, creation, the maintenance and the activity organisation under abnormal condition - life-saving services and formations, participation in the prevention and liquidation of consequences of emergency situations, powers on management, the account and the maintenance of objects of civil defence. Subjects are offered to give participation in terrorism and extremism preventive maintenance, and also in minimisation of consequences of display of terrorism and extremism, the organisation and realisation of actions for mobilisation preparation of the municipal enterprises.

" it looks so as if on us dump everything that disturbed, the regional official sums up. In what here the declared strengthening of a role of regions, is not so clear ".

Where to take money
the Main point which disturbs both experts, and officials, on what money regions, frequently hardly - hardly bringing the budget to naught, will carry out the powers passed or delegated by it. As usual, all has rested against unwillingness of the Ministry of Finance to share with regions federal taxes.

at December session of the State Council Medvedev has informed that regions in the future will receive a uniform subvention from the state budget and will define, for what execution of powers it to spend. In the present Time is allocated 21 subvention at the expense of what regions finance those or other problems lowered from the centre. Next year the government promised to allocate for it from the budget 250 mlrd rbl. Besides, according to Medvedev, for realisation of high-grade transfer of a part of powers it is necessary to find additional sources of incomes of regional and local budgets for the sum to 1 trln rbl.

the Most desired for regions a source of the income it is the VAT. So, the offer was discussed to refuse the federal VAT and to transform it into the regional and municipal tax from sales. However in December Minister of Finance Anton Siluanov has let know accurately: the VAT remains on a place.

Vitse - prime minister Alexander Hloponin in December asserted that for performance of passed functions regions will receive a profit tax part (2 %), and also incomes of the water tax (240 mlrd rbl.) . Vitse - the prime minister has suggested to list to regions incomes of excises on alcohol, tobacco, diesel fuel (160 mlrd rbl.) To enter since 2013 the uniform tax to real estate which will replace existing ground and property taxes, and also to cancel privileges for property and the earth. Also the transfer question in budgets of subjects of incomes of the tax to a gaming, engine oils and gathering for using objects of water biological resources was discussed.

Hloponin also suggested to enter payment of the tax to incomes of physical persons in a residence, instead of in a work place. This idea is supported also by governors. " for example, the Tula area is included into number of the regions located round Moscow and Moscow Region where from - for more high level of a salary the best shots leave. In capital daily work and pay surtax about 110 thousand inhabitants of Tula. Dropping out incomes of the Tula area make nearby 8 - 10 mlrd roubles " results " the Authorities " an example the governor of the Tula area Vladimir Gruzdev.

Offers on increase in profitable base of regions from the Ministry of the regional development, given in April in the Ministry of Finance, are based on idea of transfer of the profit tax of the organisations completely in budgets of the regions needing financial stimulation, or for separate subjects from the small and average enterprises. Besides, according to Minregiona, it is expedient to fix the obligation of regions to list a part of incomes of profit taxes of the organisations in municipalities.

however, as usual, the total offers co-ordinated by the Ministry of Finance have appeared much less courageous. According to Alexander Hloponina Vladimir Putin`s report from May, 28th (is on hand " the Authorities ") The government wants to solve a question of additional incomes of subjects at the expense of the potential tax to luxury: the raised taxation of real estate of physical persons " with high cadastral cost " introduction of the raised rate of the transport tax for cars over 410 l. With. (300 rbl. on 1 l. With.) Increase five times rates of the transport tax for powerful motorcycles, hydrocycles, boats and yachts.

decrease in privileges for natural monopolies and #150 also is discussed; on railway communications, the main pipelines, transmission lines and etc. to avoid sharp growth of tariffs to increase tax rates it is offered gradually, from 0,4 % in 2013 to 2,2 % in 2019 - m. the Question with natural monopolies is not solved yet, tells " the Authorities " one of participants of discussion of reform: against natural monopolies, in particular the Russian Railway have acted.

According to offers of the Ministry of Finance, since 2015 additional indexation of rates of excises on alcoholic production, beer, motor fuel is supposed.

as to budgets of municipalities their reduction in an appropriate status will demand still bolshej work. Representatives of local government offer some ways of the decision of problems of municipal budgets. For example, by the calculations resulted in the project of the report of the All-Russia advice on local government, transfer to local budgets of the tax rate of the profit tax of the organisations at a rate of 2 % (now this sum is enlisted in the federal budget) will allow to increase incomes of municipalities more than on 223,9 mlrd rbl. Reduction of the federal privileges established concerning the regional tax to property of the organisations and local taxes, the ground tax and the tax to property of physical persons, will lead to increase in the sizes of receipts in regional and local budgets more than on 200 mlrd rbl. annually.

All power in the centre
One of basic offers within the limits of decentralisation essential reduction of number of territorial bodies of federal enforcement authorities with transfer of their functions to regional departments: Now in territorial bodies of federal departments works as 220 thousand officials.

in offers of subjects and the governments speech, in particular, goes about liquidation of territorial bodies Roszdravnadzora, Rosprirodnadzora, Rosreestra and reduction of Rosnedr, State timber enterprise, Rostransnadzora.

According to the report to Kozaka Medvedev in the beginning of March (is on hand " the Authorities ") Minregion has already prepared the project of the decree providing investment of heads of regions by additional powers on the organisation of interaction and coordination of executive powers of subjects and territorial bodies of the federal ministries and departments. However not investment of governors with powers on the organisation of interaction and coordination of activity of bodies should be the priority, and transfer of the federal powers by it, making essential impact on socially - economic processes in regions, with simultaneous reduction of territorial bodies of federal enforcement authorities, writes vitse - the prime minister. An exception those federal bodies which carry out control and supervision of activity of governors, and #150, as he said, should make; Rosfinnadzor, FAS, Rosfinmonitoring, law enforcement bodies, and also the bodies which are carrying out functions in spheres of defence, security and etc.

Together with delegation or transfer of a part of powers under responsibility of heads of subjects of Kozak offers following the results of working out of corresponding bills both #150; to strengthen and control over governors. " taking into account necessity of preservation of unity of economic and legal space " bills provide the right of heads of the ministries and agencies subordinated to them to give to governors of the commission concerning execution " delegated " powers in a case when coordination of performance of powers by all or several subjects of the Russian Federation, and also in case of infringement of an order of execution of the passed powers in the established fields of activity is required; to cancel certificates of enforcement authorities of the subjects accepted concerning realisation " delegated " powers, " in a case if the specified certificates have caused infringements of the rights and freedom of the person and the citizen "; And even to bring to the higher officials of subjects of the Russian Federation of representation about dismissal of their assistants responsible for realisation of corresponding powers, in cases of regular default or infringement of an order of execution " delegated " powers in the established fields of activity.

the interesting offer has arrived and from Minregiona: according to one of participants of working groups on decentralisation, department suggests to found a post some kind of the governmental plenipotentiaries. Now at the minister of regional development eight assistants on number of federal districts, also the idea of is discussed that each of them will co-ordinate activity of all regional departments and the remained territorial bodies of the federal authority in district accountable to it.

conclusions
In as when corresponding workings out and #150 as a result will pour out; a question of political will. Participants of working groups notice that work has really calmed down in the spring and since then anybody did not continue it. However, according to the official of the government, in the middle of summer some actions devoted to a question of decentralisation are planned, and to full-scale work the government will return in the autumn. However, the part of observers doubts that the power promised to regions as a result will reach them.

some of them suggest to pay attention to operating time " the Open government " in this area. For example, in the subgroup report " the Open government " on regional development it is offered to pass a part of powers to not state organisations, to create the uniform register of public powers, to give the right to subjects not to accept delegated powers, to consider possibility of horizontal delegation of powers between subjects, to reduce requirements to granting to higher level of the public power of the reporting. Regarding differentiation of profitable sources it is offered to cancel the privileges established at federal level, deductions and withdrawals from base of the taxation under all regional and local taxes, and also special tax modes concerning all subjects, including federal departments and the establishments, natural monopolies; to enlist in full in local budgets the agricultural tax.

" the federal authorities, declaring decentralisation process, it is real money in regions do not want to give " the director of the International institute of political examination Evgenie Minchenko speaks. Besides, introduction of direct governor`s elections should leave at the centre possibility to supervise heads, including habitual methods of subventions and grants.

as a matter of fact, the history with decentralisation has appeared in zavisshem a status from - that the power cannot choose between two decisions both #150; political and bureaucratic. The future autumn, with increase of tariffs and reduction of prices on oil, potentially bears in itself social crisis, and real delegation of power to subjects could shift responsibility for social discontent on regional heads. However, experts believe what shift responsibility of the power can and without transfer to heads of subjects of additional money and powers. " this year governors can appear extreme, and I do not exclude that by the end of this year we will be waited by a new wave of governor`s resignations " predicts Minchenko.

Powers of subjects of the Russian Federation which Table 1

is offered to pass to federal level / / the Powers, which subjects of the Russian Federation suggest to pass with federal to regional level / / Table 2

Powers of subjects of the Russian Federation which Table 3

the Information on offers on transfer to subjects of the Russian Federation of powers of federal enforcement authorities / / Table 4

is offered to pass to municipal level / /
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