Kokotova Maria
The aim of this article is to identify the specifics of representation, realized by the local consultative bodies, which are created to ensure the participation of citizens in local government. To consider this problem, the author relies on foreign and Russian experience. Such concepts of representation as representation-resemblance and representation-distinction (representation-substitution) serve as the theoretical basis of the research. The author highlights the advantages and disadvantages of these theories and examines their specific manifestations in different countries. It is emphasized that the structures ensuring the similarity of the representative with the people are developed primarily for representative bodies. To determine the composition of consultative bodies, the most optimal way is the representation of social groups. However, this raises a number of issues that need legal regulation: which social groups should be represented in a particular body; how its structure is determined; how representatives of social groups are selected, etc. It is noted that consultative bodies might include only one social group or all the groups emerged as a result of the division of society according to some criteria. The structure of the body may be defined once by its rules of procedure or separately for every convocation of the body. The author believes that the structure of the consultative body is subject to legal regulation since it affects the decisions taken. Another controversial issue concerns the selection of representatives. For this purpose, elections, delegation of members by associations or random selection can be used. Despite the fact that delegation of members is the easiest way to ensure representation, it is unable to engage the whole population. Therefore, this method of selection needs additional guarantees such as objective legal criteria for choosing an association and the democratic way for the association to select its representative.
Keywords: representation, resemblance, distinction, substitution, local consultative bodies, associations, random selection
New books by staff, Institute of Philosophy and Law, Ural Branch of the RAS