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.
Th is article is devoted to the methods of how to write a research text in the area of public administration. The research styles as integral methodic-technological characteristics of the parts of the research text are introduced. Diff erent research styles can be attributed to seven parts of the research text: abstract; introduction (including sources review); hypothesis the main part of the text (including specifi cation of the initial hypothesis according to the selected method of its justifi cation, data and other instruments of the hypothesis justifi cation usage); conclusion (including the hypothesis proliferation and proposals for practical applicability of the achieved results); a list of sources; and footnotes and remarks.
Th e problem of improving indicative quality assessment of governance is explored. Th e reasons for certain diffi culties in elaboration and implementation of the indicative assessment, and for the lack of integrated theoretical foundations of such evaluations, are given. Th e outlines of critics for quality assessment of governance based on data analysis are discussed; the gaps and mistakes of these critics are highlighted. On the ground of the examples of some positive and most elaborated practices of countries’ indicative assessment, the authors came to a conclusion that currently there are still signifi cant shortcomings in the selection of indexes. Some statistical instruments for improvement of the indexes selection are introduced. Th e thesis of the article is that the implementation of these instruments enables the elimination of the duplicate indexes. Th e latter is shown through the example of WGI. In conclusion of the article, the possibility to create the unifi ed instrumental paradigm of “result-oriented state” based on the statistical instruments of quality assessment of governance relied on data analysis is considered.
The article deals with problems related to the lack of a clear definition in the Russian legislation such basic government functions, such as «state control», «state supervision» and «permissive functions». Corresponding concepts are not delimited properly and largely duplicated.
Based on the analysis of the legal framework, governing the control, supervision and licensing, as well as scientific literature, devoted to this problem, the authors have identified the main features and the content of the above concepts.
State and municipal control should be considered as independent system functions of federal and regional executive bodies and local governments, which are indispensable to the processes of public administration and local self-government.
The article formulates proposals for the creation of a complex model of state control, which includes such separate sub-functions of public authorities as: a) implementation of state supervision; b) issuance of a permits; c) holding state expertise, and d) formation of state information resources. Аlso the article listed the proposed principles and methods of state and municipal control.
In accordance with the general rule established by the legislation on state control and antitrust legislation, the implementation of control powers by state and municipal institutions (state-financed organizations) is not allowed. However, despite the prohibitions, other federal laws and laws of subjects of the Russian Federation provide for the possibility of certain types of control (supervision) by institutions (state-financed organizations). In some cases, institutions are endowed with supervisory powers by bodies of executive power regulations. The study identified 6 types of audits exercised by federal institutions (state-financed organizations), 5 types of control (supervision), exercised by institutions of the RF subjects and 4 types of municipal control exercised by the municipal institutions (municipality-financed organizations). The article deals with the disadvantages of control by state and municipal agencies, as well as different options for solving this problem.
The article in the context of public administration reform analyses Open Government as a new public administration paradigm. The authors provide definition of Open Government and summarize international practices of open government implementation and evaluation. Based on current legal and administrative practices the recommendations on open government tools application are formulated for Russian Federation. The final goal of open government tools application is to strengthen the level of trust and organize effective feedback loop between Russian government and citizens.
The topic of the article is a resumptive conceptualization of institutional and discursive innovations connected with updating and practical ensuring of a new quality of public openness of the state. The author’s concern is the formation of the complete, internally differentiated subsystem of concepts of public openness which is integrated and develops a conceptual system of social studies. For this purpose, strangely enough, it is necessary to be exempted from the power of the commonly accepted modern political discourse. The explanation of a dialectic unity of the openness and closedness, as necessary parts of human existence, is an essential methodological basis. It allows to define more accurately the concept of «The Open State». Public openness of the state is simultaneously a factor of the social development and a social risk. The institutionalization of the open state is the answer to growing risks of the informative asymmetry in the conditions of postmodern existence of mankind in a global, IT coherent megalopolis. The open state is an institutionally determined measure of public openness. Four levels of the public openness are picked out: managerial openness, openness of the staff, civil openness and informational openness of the state. The conclusion, which determines the system of coordinates for the rationalizing and engineering of the social world, is that the public openness, which always is a source of chaos, acted as a factor of social development; it needs to be turned from the elements of human sociality into an institutional quality of the state. Citation: (2014) «Otkrytoe gosudarstvo» v ponyatiynoy sisteme obshchestvoznaniya ["Open government" in the conceptual system of social science] Public Administration Issues, 1, pp. 171-187 (in Russian)
The article is devoted to reporting as a tool of state regulation and enforcement. The article examines the reporting of Russian business organizations, supplied to the state bodies. The article includes the following topics: notion of reporting, types and features of reporting, the problems of reporting, the procedure for establishing of new types of reporting for business organizations.
The article examines the reporting, regardless of the scope of regulation. Usually reporting of enterprises is considered in other articles only in relation to the financial sector (tax reporting) or to the statistical reporting. This article studies the reporting at the universal level. The author distinguishes the following types of reporting: the state statistical reporting, financial reporting (accounting and tax reporting), sectoral reporting. In the article there is a description of each type of reporting and its legal regulation. The signs and features of the each type of reporting systems are described in the article.
The article presents the classification of business reporting on various grounds.
It is proved that reporting is a tool of state regulation and enforcement on a par with such tools as: various state permissions (licensing, accreditation, certification, etc.), control functions of state bodies (testing and inspection business). Reporting creates costs to business associated with completing the reporting forms. Therefore, this article is proposed to introduce regulatory mechanisms that exclude the establishment of redundant reporting forms.
Authors' conclusions verified in eight areas of public administration. The author revealed an exhaustive list of reporting forms in all these areas. Such forms are reviewed for content and purposes of their collection.
The article formulates proposals to improve the procedure for establishing of new types of reporting for business organizations.