Article
Создание органа по управлению государственной службой, как инструмента унификации правового регулирования видов и уровней государственной службы
There are results of a legal comparative analysis of legal regulation of the civil service types related to state guaranties (social protection) for civil servants in the article (namely: remuneration of labor and remunerative incentives, discharge of an administrative contract and re-engagement due to attainment of the maximum service age, provision of housing, pension protection). The article makes it clear that the legal regulation of civil servants’ status, state guaranties, rights and duties, restrictions are not enough to comply with the Civil Service Consistency Principle. The main reason for the misbalances and discrepancies of the social protection regulation, depending on civil service types, is redundant powers of different state authorities, starting with the top of the vertical of power- the President of Russia. These powers are implemented in a random way and disorder civil service management. Perspectives of the legal regulation unification of civil service in the area of social protection are under consideration in the article - reception and extrapolation (unification) of legal instruments for the civil service types and levels (federal and regional). The argument for the necessity to set up a Federal Civil Service Body is the need of an organizational provision of reception and unification of legal instruments. The need of redundant powers handover to the Civil Service Body is proved. The respective offers are presented: the centrally managed Civil Service Body, its immediate subordination to the RF president, different forms of civil society participation in its management (e.g. personnel matters).
The collection contains scientific articles of the international scientific-practical conference "State Administration and Public Service: Yesterday, Today, Tomorrow in the Context of E-Government and the Digital Economy", held at the Higher School of Public Administration (HSAA) of MV Lomonosov Moscow State University in the framework of the XIV NAUKA Science Festival 0+ (October 11-13, 2019). The materials of the collection reflect the results of research conducted by undergraduates of the first and second courses of the Higher School of Public Administration. This scientific publication will be useful to undergraduate students, undergraduates, researchers, and everyone interested in the current state and development trends of the theory of public service, public administration and management, as well as their practice in modern conditions of digitalization of public life.
This monograph aims at analyzing the minimum wage and 'effective contract' legislation in international context, taking into account both historical and modern peculiarities in general and with a particular emphasis on public service. This analysis being performed from a comparative viewpoint, allowed the authors to assess the legislative amendments suggested by the legislator against the labour legislation currently in force. It has also helped to throw light onto the gaps and conflicts in the minimum wage and 'effective contract' regulation and common errors in its enforcement. The authors formulated their own suggestions concerning further legislation development in this field. This monograph was prepared with information support of the "ConsultantPlus" electronic legal database system.
There is a number of deficiencies in the current Russian state system of substitution of the increased material and physiological expenditures by civil servants who work in the regions of the Far North or in the areas equated with those in the Far North; who work in the regions of unfavorable climate and ecology; or in the remote regions; or high in the mountains or in arid deserts. They are related to the coefficients disproportions of the regional regulation of civil servants' labor payment, which depends on the type of public service, on the absence of a common system of coefficients, salary increase for military men, public servants and servants in the domestic affairs bodies, which compensate their serving in unfavorable conditions; there is no uniform registration of coefficients and rises in salaries of public servants and servicemen which is necessary for calculating the size of their pensions. The analysis of labor legislation on the matter revealed the contradictions in the payment of public servants, servicemen and workers in the home affairs bodies. The main reason for the contradictions is the absence in Russian legislation of the fundamental statutory act on the regional regulation of labor payments to the employees of the offices and companies situated in such regions, the act that would set up a common (uniform) order for granting guarantees and compensations to an appropriate group of people. Thus, the following conclusion may be drawn: it is necessary that a part of legislatively mandated labor regulations in civil service be passed; a new Federal act of law on the pension provision of the citizens of the RF in public service and their families, common for all types of civil service, be developed and passed.
The monograph is devoted to a comprehensive analysis of the modern transformations that have occurred in public administration and public service in recent years under the influence of socio-economic reforms. Along with doctrinal and legislative issues focusing on applied aspects of organization of the system of Executive authorities and their law-making activities, analyzing problems that occur in modern practice income and the civil service and settlement of conflict of interests in the civil service, offers possible solutions. The monograph will be of interest to researchers and practitioners, state and municipal officials, teachers, graduate students, students, as well as all those who are interested in the problems of public administration and public service.
Modern resources-based economy transformation to knowledge-based innovative type requires originally new administrative decisions at every stage of Russian governance. In recent times various business strategies implementation in public administration practice on federal and local levels have become wide spread: management by objectives, outsourcing, benchmarking, etc. However turbulence with social and economic instability forces researchers to find ways of public administration optimization. My objective therefore is the knowledge management implementation in local government structure.
Nowadays a lot of efforts are being made in Russia to modernize public administration with the help of e-government. However, all reported goals in federal program “E-Russia” have not been achieved. If we make a brief review over the situation in Russia, we will see that nowadays we have controversial issues in the sphere of local government transformation to digital era.
To raise the local government efficiency in Russia knowledge management system for local government was worked out. In terms of public administration knowledge management is a set of processes, practices and ideas, which are collected, stored and reused in order to improve governmental effectiveness, efficiency and transparency and to reduce corruption as well.
Created knowledge management system for Russian local government consists of four main elements:
(1) "The knowledge management concept for local government bodies of the Russian Federation" − a declarative document, fixing main regulations.
(2) "Learning municipalities" − executive and administrative bodies of local government, in which civil (municipal) servants create, disseminate and preserve knowledge.
(3) "Knowledge culture" as the basis of "learning municipality", including "corporate memory", creativity, creation of the necessary conditions and the use of IT (including "e-municipality” construction).
(4) Inter-municipal cooperation, providing the connection between "learning municipalities", exchange of knowledge, best practices and experiences between them.
Implementation of separate elements of knowledge management to local government reveals the following topical matters: lack of technology/web staff, financial resources and technology/web expertise. On the basis of this investigation some profound recommendations were developed for shaping knowledge-based municipalities in Russia.
The monograph is devoted to a comprehensive analysis of the modern transformations that have occurred in public administration and public service in recent years under the influence of socio-economic reforms. Along with doctrinal and legislative issues focusing on applied aspects of organization of the system of Executive authorities and their law-making activities, analyzing problems that occur in modern practice income and the civil service and settlement of conflict of interests in the civil service, offers possible solutions. The monograph will be of interest to researchers and practitioners, state and municipal officials, teachers, graduate students, students, as well as all those who are interested in the problems of public administration and public service.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/