The paper reveals the basis and constraints for applying the discount of 1/8-th fines for a company that has violated the antitrust law, but previously introduced an antitrust compliance program. Here is an example of the following idea implementation: a company gets an opportunity for fines discounts in case of law violation if it elaborates and implements a set of internal institutions to abide by the corresponding law. To reveal the role of the corporate compliance programs as a means of forming credible commitments on the part of companies was one of the goals of the research. So, situations on creating incentives for companies not to commit anticompetitive actions were considered and analyzed, as well as the deterrence effects of the legal system and the issues of I and II types of errors in enforcement were explained. For this reason differences between the antitrust compliance programs and leniency programs are demonstrated. The applicability of the comparative negligence rule is also discussed. Elements of a model are introduced that reflect the possibilities of not only a fair use of the compliance programs, but also of an opportunistic behavior of the actors, including the antitrust authority. There is no guarantee that the antitrust compliance program should lead to equilibrium in the strategic interaction with the choice of “minimal control” by the antimonopoly agency.
At the article presented the results of research at the field of human capital, appliet toward the present trends of the development at public administration education at central and Eastern Europe. Legalistic, managerial and politological approaches toward curricula at different European universities are analysed. Discussions at the Working Group of EGPAA at the subject presented. Some conclusions at the article is valuable for future corrections at the development of public administration at Russian Universities.
Information and communication technologies have been increasingly used to involve in the government decision-making process. Given high costs associated with developing and maintaining electronic platforms, effectiveness of such projects has not been frequently assessed. The article discusses theoretical approaches to evaluating effectiveness of e-participation projects, suggests criteria and a methodology for conducting such evaluations, and provides the results of “Activniy grazhdanin” platform evaluation based on the analysis of the reports published in 2014-2016. On the one hand the study attempts to react to the changes in public administration in Russia when the number of electronic platforms (and costs accordingly) is increasing given the insufficient public importance of the topics under discussion (in terms of taking into account public interests). On the other hand, the study aims to develop a methodology for evaluating the effectiveness of new form of public participation projects. The article concludes that in order for e-platforms to be effective tool for government decision-making process the platforms not only have to consider advanced technical parameters and high level of public involvement, but also sufficient public importance of the topics under discussion (in terms of taking into account public interests). Perhaps, at a minimum, consideration of these three factors is required to ensure e-platforms are effective. This conclusion may provide the basis for developing an evaluation methodology to be used by the government. In this way the present research provides basis for local governments benchmarking, since there is no similar study concerning Russia.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.
Continuous improvement of its human resources capacity is the mainstream in Russian Civil Service development. It could be realized through recruiting and retention of qualifi ed servants, and by creating an attractive environment for young specialists. Meanwhile, the conditions of the Russian civil service system do not fully provide this task. Civil Service is inferior to other segments of the labor market, which is comparable to it in terms of skill requirements and labor intensity, in competitiveness of the proposed compensation package, performance evaluation and career prospects.
Another important task is introducing institutions and mechanisms of Civil Service into the system of performance management that is becoming increasingly common in public administration. But day-to-day activity of the majority of civil servants nowadays is regulated by traditional instructions, focused on procedural compliance and not on getting specifi c result. Th is greatly weakens the capacity of the implemented performance management methods and discourages qualifi ed civil servants.
To solve these problems performance assessment mechanisms based on quantitative performance criteria have been introduced in various countries. Development and testing tools of civil servants performance management is also carried out under federal programs of reforming Russian Civil Service.
In this article we propose one possible approach of organizing the process of planning, monitoring and assessing the performance of civil servants basing on the experience of countries with similar practices in public administration.
When we organize civil servants performance management in Russia it is important
to learn from the experience of countries that have already conducted such activities – to examine their achievements and mistakes. It is logical to assume that application of the experience of countries with similar features of public administration is the most eff ective way to arrange the process of planning, monitoring and assessing the performance of civil servants in Russia. Th is allows, to some extent, to predict the consequences of the introduction of various management techniques.
Analysis of seven major administrative models of governance was based on the study of the existing research. Putting together the process of assessing senior civil most typical elements of the evaluation process for each administrative model.
According the criteria used, the most similar administrative models for Russian public administration were defi ned. It allowed putting forward some proposals about the civil servants performance management in Russia. The study of the modern Russian practice of civil servants performance assessment in the federal and regional authorities confirmed the validity of the proposed criteria and evaluation methods.
Finally, the main stages of planning, monitoring and assessing the performance of senior civil servants, middle managers and ordinary servants were identified for the proposed evaluation process to be implemented.
Russian legislation prescribes some cases of compulsory tendering in certain areas. Tender regulation is divided into two groups – the tender regulation for «sale» and tender regulation for «buy». The first group includes those types of compulsory tenders, where the state authorities, local authorities, other organizers of the tenders are the seller of the property (privatization, «land tenders», «forest tenders», tenders for sale of confiscated property and other types of compulsory tenders (total of at least 10 types of tenders). The second group of tenders are those tenders where the buyer acts as purchaser of products (government procurement). Federal law of December 6, 2011 № 401-FZ (the third package of antitrust regulation) has begun the process of unification of regulation of the first group of tenders. The law provides for an uniform procedure for appeals and uniform requirements for publishing information on tenders.