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PUBLISHED DATE: - 31-07-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue07-08
PAGE NO.: - 29-34
THEORETICAL VIEWS ON THE
ORGANIZATION OF LOCAL SELF-
GOVERNMENT
Djasur Kendjayev
Republic of Uzbekistan, qualification MIA, senior teacher, lieutenant colonel, Uzbekistan
INTRODUCTION
Today, we can say that the institution, which the
international terminology calls "Local Self-
Government", is a state cell of special importance
among the institutions of civil society.
In the land of Uzbekistan, the neighborhood has
always been the center of education. Its role and
importance in preserving our national values, the
way of life and thinking of our people, passed down
from generation to generation, is incomparable.
Mahalla is primarily a historically formed social
institution living on the basis of oriental mentality
and customs. According to historical sources, the
neighborhood dates back to BC. It appeared in the
2nd century, and it was mainly in the form of a
fortress surrounded by large hills with protective
walls. Settlements in the form of small
neighborhoods later turned into big cities.
Information about the neighborhood can be found
in the works of thinkers such as Abu Rayhan
Beruni, Ibn Sina, Farabi, Mahmud Kashgari. For
example, in Farabi's "Fozil odamlar shahri",
Mahmud Kashgari's "Devoni Lugatit Turk" works,
the residents of the neighborhood, their
professions, customs, traditions, who provided
information about their religious beliefs, economic
practices, and their specific lifestyle in general.
In addition, Mahmud Kаshgari'
s work "Devonu
Lug'ati-Turk" uses the word "mahalla" as an
expression for the areas where merchants and
craftsmen live. For example, jewelry, coppersmith,
tannery, knife maker, spoon maker, blacksmith,
saddler,
shoemaker,
etc.
Neighborhood
management is community-based, has its own
unwritten internal rules, and is considered equally
legitimate for all.
Neighborhoods flourished especially during the
time of the great leader Amir Temur.
Neighborhoods were formed based on the
occupation of citizens and were named
accordingly. During this period, neighborhoods
were managed on a public basis, they had their own
unwritten internal rules, which were of equal legal
importance to everyone.
RESEARCH ARTICLE
Open Access
Abstract
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Based on this, it can be said that non-governmental
non-profit organizations and institutions of civil
society have taken root in our ancient land.
According to the views of our great grandfathers of
the past, civil society is a society of people with high
human qualities. In it, the law will prevail, everyone
will obey the law.
It can be said that the Mahalla Institute was
formed at the level of the Eastern Democracy
Institute. Local self-government has long been
considered a place of peace, kindness, and
solidarity, and it has become important for the
transition from a strong state to a strong civil
society, which forms mutually beneficial social
relations between citizens and increases the
phenomenon of trust.
How is the concept of local self-government
interpreted at the international level? In this
regard, the following should be mentioned.
In the process of evolution, the theory of free
society was replaced by the social theory of self-
management, its supporters were T. Jefferson, J.
Locke, A. de Tocqueville, J. Mill, J.J. Rousseau
defended the natural right of every person to self-
government.
According to A.Soljenitsin, a supporter of the public
character of local self-government, the process of
democratization is manifested by the self-
government of society, in which "everyone has the
opportunity to participate in the decisions that
determine his existence" .
According to Russian scientist N.V. Postovoi: "Self-
management existing in society is subject to the
state. If the state adopts a legal norm on self-
governance, self-governance will develop, if the
state does not adopt such a norm, self-governance
will not develop”
. According to the author, the
development of norms that allow the state to
manage itself creates a foundation for the
development of these institutions.
In addition, the right of self-government of citizens
is exercised only by the local population at the local
level, and the interests of the local community and
the interests of the state and the whole society are
combined.
The term "local self-government" is a much
broader concept than "citizen self-government"
and most foreign countries recognize the concept
of local self-government.
In our opinion, local self-government as a form of
implementation of some functions of state and
community management at the lower level is
important for self-management of citizens living in
this area, wide use of democratic tools and
decentralization. can be seen as an element.
These institutions themselves should initiate the
development and improvement of regulatory
frameworks for state self-government bodies,
which is of great importance in determining the
level of their activity.
In most countries, the state authorities are at the
local level
not established, only local self-government bodies
will be established there. There are local state
authorities and local self-government bodies in
Uzbekistan. In this sense, local self-governing
bodies mean the legal name of the neighborhood
institution.
The main subject of local self-government is the
population living in the territory of the respective
municipality and exercising its constitutional right
to exercise local self-government.
The object of local self-government is issues of
local-territorial character and local importance
that arise at the municipal level in the course of the
population's activities.
In our opinion, because it is an important small
institution of the society, the neighborhood is
formed, develops and expands its effective
activities in the eyes of the society, without the
society it may not fulfill its status and function.
After all, local self-government is a socio-political
institution that shows the forms of direct
expression of the will of citizens on locally
important issues by members of society.
According to the local scientist A.Narimanov, the
principles of voluntariness and self-management in
the activities of NGOs reflect the nature of people's
constant need to join society. In this regard, man's
constant desire for unity makes him a "good
governance" tendency separate from government.
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A.I.Vasilchikov ta’kidlashicha, nafaqat o'zini o'zi
boshqarish ma'lum bir hudud aholisining o'zini o'zi
tashkil etishining alohida shakli, ayni paytda davlat
hokimiyatining jamoat xarakterini va ushbu
hokimiyatning alohida shakli sifatida o'zini o'zi
boshqarishni birlashtirishga harakat qiladigan
jamoat organidir .
One of the main goals of citizens' self-government
bodies in Uzbek society is to bring people closer to
each other and realize a democratic society.
Therefore, the self-government div of citizens, as
the original school of democracy, shows the
window of the social life of the society.
Most modern theories of local self-governance are
based on the concept of "community governance",
which means governance on behalf of and with the
local community. Its authors J. Stewart, J. Stoker
and others are based on involving the local
community in the management process and
increasing the political role of local authorities. If
local authorities are given ample opportunities for
self-management, this management will increase
its importance as a decentralized management
method.
As for the social nature of local self-government, it
is first of all manifested in the principles of self-
government. In the Great Soviet Encyclopedia, the
main sign of self-government is the possession of
state power by the residents or voters of the
relevant territory, members of a public
organization or community; independence in
solving internal life issues; it is based on the
absence of externally appointed bodies.
Indeed, local self-government is a community
system organized through the forms of direct
expression of locally important issues, their
wishes, interests and rights, socio-economic needs
among members of the society, the lower, local
level of the state div. is a social institution.
Local jurist G. Malikova said that local self-
government is necessary as one of the forms of
exercising political rights and freedoms of citizens.
In our opinion, it is justified to look at the system of
self-government of citizens as a social-political
management
div,
which
involves
the
independent solution of issues of local importance
first of all by the population of this region.
In the encyclopedic dictionary of political science,
we find the following definition of "municipality"
(from the Latin municipium - self-governing city) -
it is "a unit of the territorial structure of society,
usually a city and its surrounding areas, covering a
combined territory is taken”
.
In a country with self-governing bodies of citizens,
individual interests, state interests, and local
interests are recognized and guaranteed. In this
case, the proverbial interests are not considered as
a structural aspect of the expression method of the
state interest, but an interest that has a special
independent importance and guarantee.
According to the definition of A.A.Zamotaeva, local
government is a form of democracy that ensures
the protection of the common interests of citizens
arising from living in a certain local area, the
necessity and inevitability of neighborly relations
between residents .
Today, democratic states cannot develop without
an effective system of citizen self-government. In
the preamble of the European Charter on Local
Self-Government, self-governing bodies are
considered the main feature of any democratic
system, and the main principles of local self-
governing bodies are direct democracy and based
on the principles of transfer of power from the
center to the lower levels (decentralization).
Some foreign experts note that the term "Local self-
government" first appeared in the literature in the
19th century.
Others argue that the term "Self-Government"
itself first appeared in England in the late 17th
century after the English Revolution, and primarily
reflected the state of English society in which self-
government by means of parliament and local
representatives he says he did.
Sarbonne, deputy director of the Institute of Urban
Planning and Development of the University of
Paris, expert on sustainable development Jean-
Antoine Dupra, comparing the evolution of the civil
society and development of democratic institutions
in Uzbekistan and France, said that our country has
achieved considerable success in this field for a
quarter of a century. "However, France has built
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such institutions for 200 years," he said.
For example, in Latin America, there are two main
areas of consideration of local self-government and
municipal management. The first one is
widespread in other countries and is based on the
fact of self-government in the form of
decentralization of power and independence
(autonomy) of local authorities. The second
direction is a modern non-traditional approach to
the problem, which is based on the self-
organization of the population (in the form of local
groups) and which deserves attention.
Also, in the sources of the 19th century, it became
customary to use the concept of "self-government"
as a ratio given to state-republics, US states, and
Swiss cantons.
In the legislation "On the general principles of
organizing local self-government in the Russian
Federation" Territorial public self-government is
the independent and Self-organization to carry out
under own responsibility is cited as.
It should be noted that there is a significant
difference between the expressions "institution of
state power" and "institution of democracy".
From the point of view of power structures, local
self-government is a level of state power in which
most powers are delegated from the top down to
optimize efficiency and governance. From the
perspective of the population, it is an independent
activity to solve local problems.
Local self-government as an institution of
democracy, as a rule, originates from below. The
socio-political component of local self-government
is based on its social nature and the principles on
which it is based: self-government, self-
organization, free expression of will. The most
important thing is to find a solution for the local
community to solve the problem that has arisen in
this area from a socio-political point of view.
The development of the problem of local self-
government in political science relies mainly on
foreign experience, therefore, a comparative study
of the systems of organizing local self-government
abroad will determine the forms, rules and
principles that can be used in modern Russian
practice. allows.
In addition, in Japan, Germany, Denmark, Sweden,
Switzerland, Italy, self-governing bodies, as well as
non-governmental, public organizations have been
participating in social protection of the population
to one degree or another. For example, if we look at
the example of Switzerland, in this country, the
issues of social welfare of the population are given
to local communities.
Today, Western Europe is showing a tendency to
reform the local self-government system.
There are concepts of "local self-government" and
"local government", and according to some
researchers, these concepts should not be opposed
to each other, the concept of local government
refers to local state administration and bodies
elected by citizens., that is, it includes local self-
government bodies, because local self-government
is a component of local government.
All Western European countries have some form of
local government system with some degree of self-
government. According to Western sources, local
self-government should be considered not as a
separate system, but as a part of the state system.
Local autonomy is a political and ideological factor.
According to the English researcher D. Jennings:
"local authorities should be agents of the central
government that solve national policy issues on the
ground." It is also social as a lower div of the state
and management system. Many foreign experts
have emphasized that it will be embodied as a local
div - a public association, which is independent in
systematically solving political issues.
According to Western political scientists, the
concept of "self-governance" is related to the
formation of the independence of citizen
communities in relation to the state.
In terms of power structures, local self-government
is a level of government in which many powers are
delegated from the top to optimize efficiency and
governance. From the perspective of the
population, it is an independent activity to solve
local problems.
Local self-government as an institution of
democracy comes from below. In addition,
institutions and self-governing bodies support the
activities of citizens at the lower level and increase
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the opportunities for participation in state and
community affairs.
It should be noted that local self-government as an
"institution of democracy" is based on protecting
the interests and dignity of the community.
Although it is subject to state legislation, it has the
right to a certain extent to conduct independent
activities as a subordinate div.
Although these aspects are an important factor in
the formation of a democratic society, based on the
concept of a fair society and a civil society, the self-
government div of citizens in our society, which
represents the process of democratization from the
bottom up, is a lower management div with the
status of a socio-political institution.
In our society, the essence of this concept began to
acquire a positive character in its own way from the
early days of independence
The phrase "municipal" entered the
legislation of Uzbekistan for the first time in 1991
through the Civil Code. Article 1 of the Law "On Self-
Governing Bodies of Citizens" defines the phrase
"self-government of citizens".
A local self-governing div is an
independent activity of citizens to solve issues of
local importance based on their interests, historical
characteristics of development, as well as national
and spiritual values, local customs and traditions. a
structure that has the right to make decisions on
behalf of the population within the relevant
territory.
In other words, citizens' self-governing
bodies are the main social institution for
performing socially important and comprehensive
tasks of local importance, ensuring the socio-
economic, cultural-educational needs and legal
interests of the members of this region.
After all, in order for local self-governing
bodies to improve as an institution of civil society
that organizes self-governance, relying on the
activity of citizens, along with state bodies, broad
participation and activity of society members is nec
essary.
Problems related to this area within the
neighborhood community are highlighted and
solutions to problematic situations and issues are
found based on their opinion.
That is, the neighborhood is a unique entity
that, as a local self-governing div, initiates and
accelerates the demands of democracy in society
and the smooth functioning of civil society
mechanisms, and when appropriate, integrates its
activities with government institutions. it cannot
be denied that it is an institution of civil society.
In general, in the local self-government
system, citizens should live freely, freely express
their opinions, freely criticize shortcomings, and
form an active citizenship position in the way of
their legitimate interests.
After all, the local self-governing div
should be such a socio-political, so to speak, legal
civil institution that a person always feels that his
freedom and honor are protected in this place., it is
necessary to use the powers of these bodies to
satisfy their needs. Because, in addition to
performing the activities of a social and cultural
institution, the local self-government div also
performs the function of a unique institution of the
civil society that regularly deals with the rights and
interests of citizens.
This process, in turn, serves as a major social
factor in increasing the level of political and legal
culture of the members of the society, fully
corresponds to the status of the local self-
government system.
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