Doctor of Law, Professor

Moldabaev Sarkytbek Sarsembaevich

Introduction

President of Kazakhstan Kassym-Jomart Tokayev, speaking with a message to the people dated March 16, 2022, announced the transition of Kazakhstan to a system of local self-government. In his speech, he noted that “a strong system of local self-government is the basic basis for the direct participation of citizens in improving the quality of life in their native locality. Without a doubt, Kazakhstanis have long been ready to take responsibility for their cities, regions and villages. One should not underestimate people and be afraid to delegate to them the powers that they are able to take on.”

In this regard, with a trip to Uzbekistan, we studied the experience of local self-government, since ancient times called "Mahalla", where people live as one family - this is a state within a state. In the new Uzbekistan, the mahalla sparkled with new opportunities, where not a single person and not a single family is left without the attention of the mahalla and without the care of the state. There is no such attention and care even in the developed countries of the world.

What is local government?

Local self-government is the activity of the local community, that is, local residents, headed by their elected leaders in managing local affairs. For example, the inhabitants of the aul, being a local community, elect their leader and independently under his leadership and under their own responsibility, taking into account the interests of the population of this territory, solve local problems, that is, they themselves solve the problems of garbage, clean water, watering the land, helping those in need and etc. In Kazakhstan, local self-government does not function, although it is enshrined in the Constitution of the Republic of Kazakhstan, in reality only local government operates. For example, in rural districts there are local government bodies, represented by the akim and the administration of the rural district akimat, who try to solve local problems, but in many cases without the local community, hence all the problems.

Communities as local self-government.

Communities, that is, the local community in the countryside, communal, street, quarterly, shop organizations of self-government are historically important as centers where the “fire” of personal freedom, publicity, the right to choose, participate in the collective determination of common affairs, etc. was maintained. scientists Donald S. Carlyle and L. Levitin: “It is in the local community that the strength of the freedom of peoples lies. Local communities play the same role in the establishment of democracy as elementary schools play in science. They open the way to freedom for the people and teach them how to use this freedom. Without local self-government, a nation can elect a parliament, form a free government, however, it will not acquire the true spirit of freedom.”

Mahalla of Uzbekistan is the local community

Mahalla is a residential quarter of the city, which usually formed a community and a self-governing administrative unit of residents who had significant influence in Uzbekistan.

     Mahalla, like any living organism, fought for its survival and therefore sensitively reacted to the nature of the surrounding life. Having deep roots in history, organizing and directing the course of the daily life of the people, mahalla gave rise to a harmonious ethical system based on the rules of mutual assistance, hospitality and respect for elders, the equality of all members of the community. In many issues mahalla set the tone. Therefore, neither tsarist Russia, nor the Soviet government, she was too tough.   

Mahalla stands guard over customs and traditions

The basic principle of life here is collectivity. People living on the territory of the mahalla voluntarily accept its rules and live together celebrating holidays, sharing sorrows and solving accumulated problems. In each mahalla, there have long been traditions of organizing funerals, weddings, and holding various holidays. Residents together took care of cleanliness within the area, looked after reservoirs as the main sources of water used for drinking and irrigation. The word "mahalla" in a broad sense refers to a district or local community. Promoting it as a "traditional institution", the Uzbek government has adopted the mahalla as the "fundamental cell" of society. Mahallas were legalized in 1993 under the Citizens' Self-Government Institutions Act, also known as the Mahalla Law.

Mahalla - both father and mother

The main task of the mahalla is the organization of local self-government in a single village or in a separate quarter of the city. For residents of the mahalla, the mahalla committee, headed by its chairman, is both father and mother. Since unresolved problems in the family are resolved in the mahalla committee. Therefore, the problems of husband and wife divorce, drunkenness, domestic violence and a number of other family and human problems are rarely considered in the state bodies of Uzbekistan. The mahalla committee, together with the population, also solves the problems of all residents of the mahalla regarding the cleanliness and order of streets and yards, as well as provides social security and law and order.

Mahalla is a state in one block

Modern mahallas not only consist of private houses, but they also combine groups of high-rise buildings. Mahalla helps people to live in peace and harmony, regardless of nationality and religion, playing an important role in organizing their way of life and culture. In this sense, the mahalla can be compared to a tiny state, where, of course, there is also its own capital - a teahouse. Men gather in the teahouse every day, this is a kind of gentlemen's club. Here they discuss the news and the inner life of the quarter. Today, separate gatherings are held not only among men, but also among women, and they also managed to migrate from the tea house to mahalla restaurants and cafes. Needless to say, modern life dictates its own rules.

The whole mahalla knows about it

The peculiarity of any Uzbek mahalla is that all residents live in it not only in peace and harmony, showing care and respect for elders, but also help each other in everything, be it a wedding, funeral or other events. Here, too, the whole community is escorted to the army, they rejoice at the birth of a child in the family, they keep clean and tidy on the street, spend Khashary (we have Asar), participate in the construction or repair of a house. And it is not in vain that they say that if something happens in the mahalla, then the whole mahalla will know about it! Today mahalla has many functions and responsibilities. It is designed to help the poor and the elderly, take care of the life and arrangement of its residents, bring up topical topics and issues for discussion, and solve family and everyday problems.

New history of mahalla

The new history of the mahalla began after the independence of the Republic of Uzbekistan on September 1, 1991. Mahalla received an official legal status, enshrined in the Constitution, became a local self-government body of citizens and was endowed with power, got the opportunity to solve social problems on the ground. The "Law on local self-government" and "On the election of the chairman (aksakal) of the gathering of citizens and his advisers" were adopted. President Mirziyoyev adopted the Decree “On measures to further improve the mahalla institution” dated February 3, 2017, which gave rise to a new stage in the development of this system.

New mahalla support system: powers of the chairman (rais) and his four staff:

According to the Decree of the President of the UR "On measures to improve the system of work with families and women, support for the mahalla and the older generation" dated 01.03.2022 No. UP-81.

The mahalla chairman has been given new powers. He will direct the activities of the hokim's assistant in the development of entrepreneurship and employment of the population. Also, the chairman of the mahalla will coordinate the work of the inspector for women's affairs and the inspector for youth affairs. Both positions are newly established, according to the above document. He will also coordinate the activities of the Prevention Inspector.

Mahalla, as a specific form of such a local community, has preserved and developed the best features of direct, immediate democracy.

Born earlier than European communes, the mahalla differs from them in its location - in the countryside, for example, it can unite several villages; and in terms of social composition - rich and poor, officials and workers, scientists and semi-literate people, people of the most diverse faiths, nationalities, and occupations live here together. What strength of humanity, traditions should be laid in the institution of the mahal to unite them all in the name of a common cause, good, life together!

Mahalla, unlike European local communities, is more connected with the state: the authorities consider and approve the candidacies of aksakals, see them as their representatives, conductors of state interests, etc. (attention for civil servants!!!)

Mahalla is the lower, family, residential floor of democracy, the organizer of the microsphere of human relations, the mediator between the individual and the state. Mahalla is a self-governing body of citizens at the place of residence.

The centuries-old experience and modern trends of the mahalla of Uzbekistan is a real and invaluable experience of decentralization for Kazakhstan.

About 10,000 mahallas operating in Uzbekistan successfully carry out more than 30 socially and economically significant tasks previously carried out by state authorities in the field.

The state pays special attention to the effective use of mahalla opportunities, raising the legal culture in society, and strengthening citizens' respect for the law.

Mahalla is a real helper of the people, a "mirror of justice", a place where people can express their opinions, present proposals and their problems, which strengthens people's trust in the state.

What can we do based on the experience of the mahalla of Uzbekistan?

In general terms, we can make changes and additions to the Constitution of the Republic of Kazakhstan, adopt the Law of the Republic of Kazakhstan "On Local Self-Government", as well as make changes and additions to other laws of the country, as well as to by-laws regulating the activities of local governments, taking into account the following innovations like:

- local self-government should have a certain territory for its implementation, based on the family and population. For example, to determine for each local self-government from 500 to 700 families with up to 7,000 people;

- to abolish the post of akim and the staff of the akimat of the rural district and create instead of them a local government body with its apparatus;  

- name the local government body "Oshak", and its head "Auylnay", and in the cities "Bashy";

- in each aul and in the cities, the local self-government body should have its own building, called "Oshak";

-each body of local self-government must have its own Public Fund for the development of local self-government. But all this should be elaborated in detail by law.

Afterword

This presentation was prepared in order to get acquainted not only with the experience of Uzbekistan, but also in order to have an idea about local self-government. Therefore, here the information is presented as an introductory characteristic with the institution of local self-government in Uzbekistan.

   On the basis of which it is proposed to amend and supplement the Constitution of the Republic of Kazakhstan and other laws of the country that regulate the activities of local self-government. The main task is not to mechanically transfer the experience from Uzbekistan, but to comprehend it taking into account our traditions and customs, as well as the mentality of the Kazakh people. And not to be limited only by the experience of Uzbekistan, it is necessary to study and get acquainted with the experience of other countries. And we must remember the cult of "Cargo" !!!