ISSUES OF SMALL CITIES ON THE EXAMPLE OF THE REPUBLIC OF KAZAKHSTAN AND THE REPUBLIC OF POLAND - Наукові конференції
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ISSUES OF SMALL CITIES ON THE EXAMPLE OF THE REPUBLIC OF KAZAKHSTAN AND THE REPUBLIC OF POLAND

09.12.2018 14:43

[Секція 1. Теорія та історія держави і права. Філософія права. Історія політичних і правових вчень]

Автор: Baizhanova Kulzira, doctorate student of Y. A. Buketov Karaganda State University, The Republic of Kazakhstan, Karaganda; Lavnichak Arthur, doctor of law, professor, The Republic of Poland, Wroclaw


Important role in the economic, political and cultural life of Kazakhstan and Poland is given to the cities. The cities are the concentration of human resources, managerial ties, many industrial enterprises, housing stock, medical, cultural and educational institutions. Therefore, it is relevant to address the issue of the legal status of the city, including small cities, in a modern sense.

In Kazakhstan, the status of the city is given to 87 settlements, in Poland, as of January 1, 2015, there are 915 cities. In Kazakhstan, the cities are divided into three groups depending on their legal status. They include cities of republican significance, cities of regional significance and cities of district significance [1; Article 2].

We have noticed from the Constitution of the Republic of Poland that, it has a wide range of rights to local self-government bodies [2; Section 6].

The main criterion of recognition as a city of regional significance in Kazakhstan is the existence of a certain population and the role of economic and cultural centers of its region. According to the Law "On Administrative and Territorial Structure of the Republic of Kazakhstan", cities of regional significance are populated areas with more than 50 thousand people with developed industrial and social infrastructure, which are large economic and cultural centers [1; Article 3].

According to the statistical data, on the territory of Kazakhstan there are cities with an opportunity to be recognized as a city of regional significance with the following population: seven cities with a population of fifty thousand to one hundred thousand, four cities with a population of one hundred thousand to one hundred and fifty thousand, three cities with a population of about one hundred and fifty thousand to two hundred thousand, five cities with two hundred thousand to three hundred thousand people, and four cities with a total population of three hundred thousand to four hundred thousand and the largest of them are the cities of Karaganda and Aktobe [3; 10]. 14 cities are the centers of the regions: Aktau, Aktobe, Atyrau, Kokshetau, Karaganda, Kostanai, Kyzylorda, Pavlodar, Petropavlovsk, Taldykorgan, Taraz, Turkestan, Uralsk, Ust-Kamenogorsk. Among other major cities, Ekibastuz, Temirtau, Rudnyi and Semipalatinsk are the cities of regional significance. Besides, five of the seven cities of the average number of urban population are included in the cities of regional significance: Balkhash, Zhanaozen, Zhezkazgan, Kentau, Satpayev. In the same way, two cities with a population of fifty thousand to one hundred thousand, Kaskelen (Almaty region) and Kulsary (Atyrau region) are among the cities of district significance. However, it is indisputable that according to the law these cities have the right to have the status of a city of regional significance, depending on the number of people.

In the Republic of Poland, there are seven cities with population of more than four hundred thousand people, nine cities with two hundred thousand to four hundred thousand, twenty-three cities with a population of one hundred thousand to two hundred thousand, and seventy-one cities with a population of more than forty thousand, as well as other cities (and the vast majority of cities) are cities with a population of between 2500 and 40 000 [4].

The assignment of settlements to the category of regional significance, determination and change of their subordination are in the competence of the President of the Republic of Kazakhstan. This authority of the President is implemented in accordance with the proposal of the Government, which is incorporated in a joint decision of the regional representatives and executive bodies. Although regulations and criteria for inclusion in the category of regional significance have been defined in the normative acts, practical solutions to the problem require a number of measures related to the study of economic, social, cultural and management systems. This issue is crucial to creating conditions for the development of the respective community and surrounding areas. 

At this point it should be noted that in most of the post-Soviet states there is a different order of inclusion of the cities in the category of regional significance. For example, in Ukraine the norm states: "In some cases, cities with a population of less than 50,000 people can be categorized as cities of regional subordination if they have important industrial socio-cultural and historical significance, a close prospect of further economic and social development, population growth" [5; 4]. This norm exists in the Russian legislation as well. 

Notwithstanding the provisions of the Law on Administrative and Territorial Structure of the Republic of Kazakhstan, in practice the cities with a population of less than fifty thousand but with certain industrial, socio-cultural, scientific or historical significance may be granted the status of a regional city by the decision of the President in accordance with the proposal of the Government of the Republic of Kazakhstan. Currently, there are small cities with a population of less than fifty thousand, but with the status of a regional city. Such cities are Arkalyk, Aksu, Arys, Zyryanovsk, Karazhal, Kurchatov, Priozersk, Ridder, Saran, Serebryansk, Stepnogorsk, Tekeli, Fort-Shevchenko, Shar, Shakhtinsk [6]. Taking into account their influence on the development of the economy and culture of Kazakhstan and considering their economic and social development opportunities they were recognized as a city of regional significance. 

Summarizing these facts, we propose to add the following sub-item to the second subparagraph of Article 3 of the Law of the Republic of Kazakhstan on Administrative and Territorial Structure: "Cities with a population of less than fifty thousand people that has an important industrial, socio-cultural, scientific and historical significance, with the potential for rapid economic and social development, and for population growth can be assigned the status of a regional city". This addendum would be the basis for legalization of public relations regulation in this area.

At the same time, in Kazakhstan's jurisprudence, there is a viewpoint that states the need to take into account the level of entrepreneurial activity and market relations in the category of regional subdivision. The authors believe that recognition of this situation as a separate measure will help activate entrepreneurial activity. Moreover, it is suggested that to go under the influence of the old system and to prioritize the priority of workers and employees is unnecessary today, and would mean unnecessary redemption of the nature of the old social system to the newly created system in our country. Of course, it is important to accept the criteria that will most affect the development of settlements and correspond to the new social system.

Cities of regional significance are separated depending on economic peculiarities and specializations, the numerical and ethnic composition of the population, the administrative structure, the role of the administrative-territorial division and other characteristics. The typology of cities, including those of regional importance, is still insufficiently studied.  

Depending on the specialization of the economy, we consider that the cities of regional importance can be classified into the following groups:

- production centers (specializing in the production of products, for example, Temirtau, Rudnyi, Kentau);

- scientific centers (Kurchatov);

- transport hub (Arys, Semipalatinsk, Uralsk);

- historical and cultural centers (Turkestan).

According to the classification of the population based on classification of the Soviet system (as it was not resolved in the legislation of Kazakhstan), the cities of regional significance can be classified into:

- small cities (population less than 50 thousand);

- average cities (population should be between 50 and 100 thousand);

- big cities (population from 100 to 250 thousand);

- large cities (cities with population from 250 to 500 thousand). 

The cities where the population is more we refer to major cities. But at present, there are no major cities of regional significance in our country.  

Depending on the structure of the administrative structure, the cities of regional significance can be classified as the administrative center of the region and without such status. The administrative centers are usually the best developed cities in the economic and socio-cultural fields. It concentrates the region and the city governing bodies, scientific, cultural and educational institutions. Depending on the administrative structure, the cities of regional significance are classified as with and without regional distinction. 

Nevertheless, despite the above-mentioned differences, they have common signs and peculiarities with the cities of regional significance. All of them are economic and cultural centers that unite the surrounding area. All of these cities have a complex economy, covering various sectors of the economy including public utilities, education and healthcare, culture, and other components. The economic basis of the cities of regional significance is characterized by the wide concentration of economic objects and the location of objects in the socio-cultural sphere. It should be noted that the regions of Kazakhstan, regional centers, cities and districts are dynamically developing [7; 176].

The demographic structure of the cities of regional importance is similar as well. Depending on demographic characteristics, there are many people who inhabit: workers and employees, entrepreneurs, pupils and retirees, men and women, singles and married people, people of different age, profession, profession. It is also evident that this group of people is much higher in the level of education than in the adjacent regions. 

In the interest of managing the cities of regional significance, it is necessary to take into account the direction of development of their economic, demographic and social bases. The organization of social management of the city is based on the problems arising. Of course, it is well-known that there are specific issues that depend on the historical conditions and geographical location of each city, the structure of its inhabitants, its customs and other factors. Nevertheless, many cities of regional importance have the disadvantages that need a common solution. They are related to the effective development of the city, transport services for the population, heat and lighting of the city, environmental protection. The solution of these common problems bases the uniformity of the important elements of the managerial units structure of these settlements.

Thus, the city of regional significance is an integral part of the country's administrative and territorial structure that forms a certain economic complex integrating many enterprises, organizations, associations, as well as a complex system combining various institutions, public organizations, self-governing bodies. Presently, the legal status of the cities of regional importance is not reflected in the law, therefore it is proposed to make amendments to the law "On Administrative and Territorial Structure of the Republic of Kazakhstan". 

References:

1 Law of the Republic of Kazakhstan "On Administrative and Territorial Structure of the Republic of Kazakhstan" as of December 8, 1993 No 2572-XII with amendments and supplements // adilet.zan.kz/kaz/docs/Z930004200_

2 Constitution of the Republic of Poland dated 2 April 1997 // www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm

3 Number of Population by sex in the regions, cities, districts, district centers and settlements of the Republic of Kazakhstan as of July 1, 2018 // Demographic Statistics. – Series 21. – 2018. – p. 10.

4 Cities of Poland // http://pop-stat.mashke.org/poland-cities.htm

5 Brusentsova J. Goroda oblastnogo znacheniya: vozmojnost – put k prisoedineniu [Cities of regional significance: opportunity – the path to accession] // Local government. – 2017. – No. 12. – Pp.3-7.

6 List of cities of Kazakhstan // https://ru.wikipedia.org/wiki/

7 Abdullina G.A., Abeldanova A.B. Aimaqtardyn aleumettik-ekonomikalyq damuy [Socio-economic development of the regions] // Publications of the National Academy of Sciences of the Republic of Kazakhstan: Series of Social and Human Sciences. – 2018. – No. 4 (320). – Pp. 176-181.



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