THE ROLE OF THE SUBSIDIARITY PRINCIPLE IN THE LOCAL SELF-GOVERNMENT SYSTEM: COMPARATIVE ANALYSIS OF EUROPEAN EXPERIENCE AND KAZAKHSTANI LEGISLATION

Abstract

This article provides a comprehensive analysis of the theoretical foundations and practical significance of the subsidiarity principle in local self-government systems. The research focuses on the 1985 European Charter of Local Self-Government and the local governance legislation of the Republic of Kazakhstan. The normative content of the principle is examined through Article 4(3) of the Charter, and its implementation is analyzed comparatively across Poland, South Korea, and Georgia as unitary states with reform experience relevant to Kazakhstan. The compatibility of Kazakhstani legislation with the subsidiarity principle is assessed using the Law on Local Public Administration and Self-Government of 2001 and the 177 functions assigned to rural akims. The study reveals that approximately 10–15 percent of rural-level functions contradict the subsidiarity principle due to misaligned competences, insufficient resource support, and unrestricted delegation. The 2026 legislative amendments are evaluated as a meaningful step toward reform. Based on the findings, the article offers concrete legislative recommendations, including ratification of the European Charter, codification of a functions register, and establishing resource-conditionality as a mandatory requirement for delegation.