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Research and educational journal
Published quarterly since 2007
ISSN 1999-5431
E-ISSN 2409-5095
Issue 2016 no1 contents:
THE THEORY AND PRACTICES OF THE PUBLIC ADMINISTRATION
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7–37
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The conceptual apparatus in public administration sets up along with the development of the Executive Power itself. The goal of the article is to provide wide readership with currently used notions which reveal the implication of most institutes, instruments and mechanisms of the Executive Power. Many of these notions have become sustainable and do not cause experts’ debates; they are commonly used now. Some notions have been borrowed from foreign experience and adapted to Russian native realities; others have emerged from Russian practice of reforming public administration that offered new efficient institutes and instruments of regulation. The most important notions and categories have been defined legislatively. But, legislative provisions do not always clearly reveal functional peculiarities of these or other mechanisms of public administration. The authors of the article precise some implicit points of the notions and definitions, mainly the interpretation of public service and its quality.
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38–59
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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.
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60–80
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Internal return migrant workers (modern seasonal workers or “otkhodniks”) are relatively new, but already a mass phenomenon in Russia. We estimate the number of otkhodniks in Russia now in 15–20 million of working-age population. This category of migrant workers exists outside the public administration system, primarily occupying the sector of “gray economy”. The bodies of state and municipal authorities have not yet formed any definite relationship with migrant workers; no management solutions have been established. There are no management decisions on the regulation of otkhodnichestvo working. There is no regulatory framework. The article, based on field studies in 40 Russian regions and empirical data for 77 municipalities, considers the problem of interaction between the government and migrant workers in three aspects: (1) the ratio of otkhodniks to power, (2) forms and types of interactions between otkhodniks and the authorities, (3) the political significance of modern otkhodniks. The otkhodniks are eliminated completely from the government. They refuse to interact with the government and local self-government. There is no cooperation between the authorities and this category of migrant workers. The authorities underestimate the economic and political importance of modern otkhodniks. All this creates significant social and political threats and risks for the public administration system.
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81–102
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Since September 2007, Russian regions have received an opportunity to set regional minimum wages (RMW) based on negotiations between trade unions, employers, and local governments. This reform has radically changed the system of minimum wages by increasing the role of collective bargaining at the regional level. The existing legislation gives the regions substantial freedom to decide on the form of tripartite agreement, the size of RMW and the inclusion of different groups of employees. The reform gave rise to a plenty of institutional experiments at the regional level. Over the last eight years, more than 4/5 of the Russian regions got experience with the RMW. In this paper, we study the evolution of this labor market institution in 2007–2015 focusing on the regional variation of minimum wage policies. We demonstrate that the most important differences between regions are related to the following features: setting the uniform RMW or different RMWs for the budgetary and non-budgetary sectors; setting the RMW via general tripartite agreement or via special agreement on the RMW; agreeing the RMW with the regional subsistence level.
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103–128
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This article develops the current international research examining the role of think tanks and analytical communities in policy making, led by Research Committees of the International Political Science Association “Comparative public policy”. In this article the authors propose methodology of analytical communities’ policy impact assessment. This methodology is based on the study of International and Russian experience. The Methodology was tested on the example of sectoral centers of scientific and technological forecasting developed currently in Russia. These centers have developed a unique expertise and materials in the field of science, technology and innovation policy. The further development of the centers of scientific and technological forecasting will fill the gap of the lack of expertanalytical support of both public authorities responsible for lementation of STI policy, and scientists engaged in innovative scientific discoveries. An important component of an effective development of the activities of the analytical community is to develop their own autonomy and consolidated action on innovation. The proposed methodology can be applied on a regular basis to assess the effectiveness of the centers of scientific and technological forecasting network, to monitor their activities, and to assess the impact on policy changes of other public policy actors.
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LEGAL ASPECTS OF THE STATE AND MUNICIPAL ADMINISTRATION
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129–148
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The improper quality of public administration is not only connected with the faults of some normative legal acts which regulate its activity, but, on the whole, with the inconsystancy of its legislative regulation. This is suggested to be possible to overcome by designing and passing a fundamental system-forming federal law on public administration in Russia. For this aim the Centre for Public Administration Technologies in the Russian Presidential Academy of National Economy and Public Administration has prepared the Concept of the Draft Federal Law( the Bill) on the fundamentals of public administration in the RF and proposals for the preparing of this bill. The subject matter of the normative regulation of the bill is social relations in the field of public administration at all stages of its regulation cycle. The law is to create the legal basis for the successive orientation toward achieving adequately perceived socially important results at all stages, of all forms and levels of public administration processes. In essence, the draft law is to become the Federal law on performance management of public authorities, within the frame of strategic planning as well, objectives and results of development.
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149–159
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The article considers relationship between bodies of the National supervision and entrepreneurs. Federal laws provide requirements to the planning of supervision activities, to the order of organization and holding supervision, to documenting and arranging the results of such activities. The facts of ignoring the requirements, which brings about infringing the rights and legitimate interests of the citizens in entrepreneurship, legal persons, remain a significant negative factor due to their mass character, and hamper the economic development of the Russian Federation as a whole. The objective of the research was to identify more widely spread types of violation of the established order of supervision performance by the bodies of public administration and their authorities; to systematize the above mentioned violations and to define their type. The classification of violations,committed by the bodies of public administration, and which is used in legislation at present, is proposed to be developed by pointing out gross violations and other minor ones; violations, admitted during planning, organizing and holding supervision; making up and giving out obligatory for executing orders to eliminate the revealed breaches of the compulsory requirements to going in for entrepreneurship, as well as the blunders in legalizing the acts of supervision and control, have been systematized. Besides, typical errors, illegal activities, types of illegal inactivity, defects in orders to eliminate the breaches, defects in reports about supervision, have been revealed. The research resulted in the conclusion that executive legislation provides, in general, adequate coercive measures to make the bodies of state power and their authorities, who deal with supervision and control, comply with the law. At the same time not all serious breaches of organizing and conducting supervision are recognized to be gross. Moreover, the current preventive measures of coercing officials in supervision bodies have exhausted their potential and no longer provide the due level of legality in this field of activity.
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SCIENTIFIC INFORMATION
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160–171
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Broade implementation of information and communication technologies in all spheres of society obliges to revise the organization of many processes in business and in the public administration sector. Currently the format of cooperation between the authorities and society is changing; the processes of public service delivery are converting to electronic view; approaches to assessing the quality and accessibility of public services are being revised. The subject of research is the technology of personalization as a method for increasing the information availability of public services. The article discusses the information availability of public services which means the availability, quality of information and informing citizens about the service, about the possibilities of receiving it – one of the important types of availability in e-government. The analysis of the technology of personalization services, analysis of the concepts of «personifi cation» and «personalization» were determined by their contents. Attempts were made to shift the principles and approaches of e-commerce to the process of providing services in e-government. The role and importance of the technology of personalization to improve information accessibility of public services, as well as the place of personalization in the world concepts (models) of e-government were considered. The practical significance of the study lies in the fact that the conclusions drawn in the article will let the authorities responsible for informatization in the region provide for the design of the portal form of public services with the basic principles of personalization technology.
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FROM THE EDITORIAL BOARD
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172–187
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This 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. Different 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 specification of the initial hypothesis according to the selected method of its justification, 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.
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REVIEW
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