The Legislative Duma of Tomsk Oblast
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FEDERAL LAW MAKES USE OF TOMSK INITIATIVE
For 20 years Tomsk Oblast has been guided by the Charter adopted by the regional parliament on July 26, 1995. Many call it ‘constitution’ because this fundamental document shapes the development of the region and the quality of life of the region’s population. The Charter defines the legal framework of the government and lays the foundation for the economic, financial and social development of the region. By the time the charter was adopted, the deputies of the first convocation had worked for a little more than a year. They did not have any law-making experience back then. New circumstances demanded new regulations and the deputies had to respond to the need. By the end of the term of the first convocation the Duma had a portfolio of more than 100 laws behind it. The Charter had served as a basis for the newly created regulatory framework.
Adoption of the Charter of Tomsk Oblast is one of the highlights of the regional parliament’s history. Oblast deputy, speaker of the Duma of convocations 1st through 4th Boris Maltsev recalls how the lawmaking pioneers wrote the region’s constitution.
“Back in 1994, the Duma elections for the first time took place based on democratic principles under new rules established by the Oblast governor. The governor signed a decree instructing to elect a legislative body, which was in contradiction with the Russian Constitution. The government consisted of three branches – the legislative branch, the executive branch, and the judicial branch. We represented the legislative branch and we were supposed to make the law. We started with creating the new rules of the game in the territory of Tomsk Oblast.
The Charter was essentially a set of rules for the community which embraces a population of more than 1 million people living very far from Moscow. Many years have passed and today we can see that we had created a well-thought law that still works despite all political and ideological differences. It really works well. Leaders and lawyers have it on their desks. Duma deputies keep it in their work folders. Back then we built a regulatory foundation that has lasted dozens of years.”
The deputies began with asking the legal scholars from the Tomsk State University to draft their view of the basic legal document of the region. It took a year.
“When I read it I thought that we would never be able to build a state, so idealistic and far from the reality was the document,” says Boris Maltsev.
Then, he says, the deputies turned to studying domestic and international experience.
“We took the document developed by the scientists, revised it and showed the draft to the governor Viktor Kress. Of course, he did not like it. We had to find a compromise. We set up two work groups. One was led by Boris Maltsev, the other one by Viktor Kress. We each had a team.
Our work group gathered every day. The deputies scrutinized the draft Charter clause after clause. This effort resulted in a well-balanced document which was well received by the population. It is a speaking fact that the Tomsk Oblast Charter was immediately translated into English and served for a long time as a model for other regions of Russia in their law-making work.
Our Charter was described as ‘a striking example of democracy and balance of powers’. With this document, we managed to set a balance in the regional government which has stayed for 20 years now. The government should cooperate rather than argue. Over 20 years, the Charter was only amended when changes in the federal law required it. Never has the population of Tomsk Oblast or any political party or any movement demanded changing the Charter. It meets all expectations.”
The latest changes to the Charter were made on April 29, 2015.
“It took us almost a year to develop this set of amendments,” says Chairman of the Committee for Legislation, State Structure and Safety of the Legislative Duma of Tomsk Oblast Vladimir Kravchenko.
“The time has come to bring the region’s constitution in line with the necessities of the times and the federal rules. For instance, the scope of authority of the Oblast parliament should be expanded to include authority to change and approve the socio-economic development strategy of Tomsk Oblast.”
Vladimir Kravchenko believes that the Charter of Tomsk Oblast is one of the most democratic documents in Russia.
“We have almost 200 entities entitled to legislation initiative! Just recently this right was granted to the Public Chamber of Tomsk Oblast, the Youth Parliament and the Council of Municipal Entities of Tomsk Oblast. Even though some deputies believe that this right should be exclusive for the Duma deputies.
The Charter of Tomsk Oblast is a voluminous document consisting of 129 clauses. It regulates a wide array of subjects from state structure to the rights and liberties of the population. I do believe that Tomsk Oblast is one of the few constituent entities of Russia who can boast so well-thought and well-balanced democratic constitution.”
