«Пределы контроля»: административные регламенты и контроль за действиями чиновников
The article is about actual issues of administrative and judicial reforms, a number of important for understanding of the issue terms (legal process, the administrative process, administrative and procedural activities, administrative justice, administrative jurisdiction, administrative court proceedings, etc.), various problems of administrative cases in the courts, and in pre-trial (court) order. The new procedural act (the Code of Administrative Court Procedure) is also analyzed. A lot of attention is also paid to the issue of pre-trial damages.
En Russie, comme en France, l’Etat administratif “fait” de la Nation et occupe une place prépondérante dans notre vie collective. Comme en France, les relations entre l’administration et citoyens russes restent complexes et tendues, car les administrés, si ils demandent de l’État fort, peuvent se retrouver souvent impuissants face à la machine administrative. Et pourtant, rien ne peut arrêter le progrès de l’État de droit: longtemps considéré comme un simple administré engagé (1), un post-soviétique est maintenant considérées comme l’usager de service public (2) et en quelque sorte le citoyen administratif (3). Dans ce contexte, quand la codification des procédures administratives présente de plus en plus d’intérêt pour le droit russe, le Code français des relations entre le public et l’administration entré en vigueur depuis 2016 peut, à cet égard, nous inspirer.
The article examines the draft of russian Code of administrative prosedure. The Code is seen as a positive institute for the russian legal system.
One of the measures implemented as a part of administrative reform in Russia was the introduction of administrative procedures — special rules for providing government services that specify the process, the timing, the sanctions, etc, which can be used by bureaucrats for coordinating their activities, and by their principals (higher ranking bureaucrats and citizens) to control their agents. The main idea behind the administrative procedures was to increase the transparency of bureaucracies that provide government services, to simplify the control over bureaucrats, to prevent corruption, and, consequently, to increase the quality of government services. But after a few years since the introduction of administrative procedures we still face the problem of low accountability of bureaucrats. Thus, the main goal of the paper is to show whether administrative procedures can solve the problem of bureaucrats’ opportunism, and if they can, what are the key determinants of their effectiveness. To answer the question we provide two simple models of interaction between bureaucrats and citizens, and bureaucrats of different ranks, and describe the links between the models, to show how the introduction of administrative procedures influences the outcome of the interaction between the agents. We also define the set of parameters that can make administrative procedures a real means of control over bureaucrats and thus lead to better quality of government services.
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 results of cross-cultural research of implicit theories of innovativeness among students and teachers, representatives of three ethnocultural groups: Russians, the people of the North Caucasus (Chechens and Ingushs) and Tuvinians (N=804) are presented. Intergroup differences in implicit theories of innovativeness are revealed: the ‘individual’ theories of innovativeness prevail among Russians and among the students, the ‘social’ theories of innovativeness are more expressed among respondents from the North Caucasus, Tuva and among the teachers. Using the structural equations modeling the universal model of values impact on implicit theories of innovativeness and attitudes towards innovations is constructed. Values of the Openness to changes and individual theories of innovativeness promote the positive relation to innovations. Results of research have shown that implicit theories of innovativeness differ in different cultures, and values make different impact on the attitudes towards innovations and innovative experience in different cultures.
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.