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Research and educational journal
Published quarterly since 2007
ISSN 1999-5431
E-ISSN 2409-5095
Issue 2018 no3 contents:
THE THEORY AND PRACTICES OF THE PUBLIC ADMINISTRATION
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7–31
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The article examines the international experience of using behavioral tools for increasing the effectiveness of public administration and assesses the prospects of their implementation in the Russian rulemaking practice. The first part provides a brief overview of the development of the theoretical framework of “nudge” and examines differences between the behavioral economy and the classical and neoclassical economic theory. Then, the authors describe practical cases of the application of behavioral «nudging» in various areas of regulation. The third part of the article concerns the experience of institutionalization of «nudging» at the state level in selected OECD countries and emerging countries, including a description of the specifics of the development and performance of specialized bodies (units) in leading states. The conclusion summarizes the prospects for, firstly, enriching the public administration theory with behavioral approaches, and, secondly, for institutionalization of behavioral insight unit within the Russian government.
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32–64
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The article presents a fundamentally new approach to the financial provision of the state task to art organizations, an alternative to practice of standardization individual elements of labor costs and non-wage costs. The authors offer the method of determination of socially reasonable volume of subsidies to producers of cultural goods on the basis of measurement of deficiency of their income taking into account the objective economic laws defining conditions of cultural activity and the social norms established by the state. The principal result of the research is theoretical and methodological approbation of the new approach and empirical testing of the created methodology. The article presents the outcome of testing the methodology for determining budget subsidies through the example of 62 subjects of the Russian Federation and in Russia as a whole. Also it examines the example of separate art organizations on the basis of a specially created database characterizing the activities of theaters, concert organizations and museums in the period 2005–2015. The new approach and the study, carried out in accordance with it, have made it possible to quantitatively show that even at a relatively low level of wages in art organizations, the budget subsidies allocated were insufficient and predetermined the recent processes of commercialization of art, accompanied by superinflationary dynamics of prices for cultural goods.
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65–87
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The modern approach to the choice of directions and forms of state regulation and support to the industries that supply all kinds of meat to the market is of a large scale, but the level of effectiveness of their administration has reached the limit. It requires the search for reserves of development, in particular through the organization of interaction between related industries that ensure the deep processing of not only the main commercial product (meat), but also the remaining non-food raw materials. The purpose of the article is to justify the need to consolidate the resources of the regions within the federal district for joint planning and support of raw materials’ deep processing development in the context of existing livestock farming structure. As a result of meat livestock farming analysis in different districts and the external environmental factors the prerequisites for the regional efforts consolidation and changes in the direction of state support are identified. In the article the author justifies the choice of the district with the greatest potential for achieving the goal, the mechanisms of consolidation and the essence of the program approach to the formation of a complex including a number of meat livestock farming industries, biopharmaceutical industry and machine building. In modern conditions, the development of each of these sectors is planned and maintained independently, the development of raw material potential and technological support are included in the state programs as separate areas that are not provided with specific implementation projects. In conclusion, the author suggests the main approach and directions of state regulation of the development of meat livestock farming in the federal district.
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88–116
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The purpose of this article is to explain the reasons for the low involvement of non-governmental organizations in Russia in the provision of social services by the state order. This entails in uncovering ways to overcome barriers to the expansion of the share of the non-governmental providers. The main challenges of the reform are considered from different sides: (1) through comparison of the expectations for the reform with the results that it gave in the developed countries over the 30 years of reforming the welfare state, (2) from the point of view of the for-profit and non-profit organizations interests, (3) through the identification of the discrepancy between the emerging heterogeneity of service providers and the prevailing nature of the public governance in Russia. It is shown that the main barrier to the expansion of the share of non-state organizations in the provision of social services is the low capacity of the social service market, which makes the market entry risky. This applies to both the charitable and the competitive market for social services. If they were more developed they could serve as a source of market maneuver and a reliable alternative to state contracts in case of failure to obtain them. For the reform to succeed, the state must be prepared to finance not only the contracts themselves, but also the development of competition and alternative markets, including quasi-market mechanisms to increase the effective demand of the population. In addition, the pluralism of state regulation should comply with the plurality of vendors and terms of service.
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117–137
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In connection with the increased attention of the state to engaging NPOs into providing services in social sectors, the federal and regional legislation regulating the orders (procedures) for selecting social service providers is analyzed. The authors verify the hypothesis that these orders, approved within all branches of the social sphere, have serious deficiencies that adversely affect the transparency of the above-mentioned procedures. Regional legislation is considered in relation to 15 specially selected subjects of the Russian Federation. There are three types of selection procedures for social service providers: 1) a competitive selection, 2) a non-alternative choice of service provider by customer, 3) the choice of the service provider by consumer, including the use of certificates. These orders are analyzed through the following components: the categories of suppliers from which selection is made; «input» requirements, which should be satisfied by an organization in order to be admitted for selection; requirements for the customer (state or municipal authority) to submit information on the selection and selection results; selection criteria (for the competition); requirements for the procedure of reviewing and evaluating the proposals of participants (for the competition). The study confirmed the proposed hypothesis. Moreover, the flaws that adversely affect the transparency of the selection procedures are inherent for each of the indicated components.
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FOREIGN EXPERIENCE
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138–163
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This article aims to review and evaluate the process of publics’ participation in the discussion of regulatory legal act (RLA) draft s through the crowdsourcing platform «Open RLA», which is one of the components of Open Government. The results of the expert interview, the content analysis of documents and portal «Open RLA» showed that the portal does not provide the proper level of public participation in the public discussion of RLA drafts due to several factors. First, there is a technical barrier in the form of a mandatory electronic digital signature for commenting. Second, there is a formal attitude and low interest of the state bodies-developers of RLA drafts in receiving comments in the framework of public discussion. Third, the implementation of such requirements such as the indication of the structural element, rationale for the proposal or comment submitted, requires special knowledge which means not every citizen is able to understand. Fourth, motivation of the public to engage in the process of public discussion is low. Fifth, there is no continuity of the process of public discussion from the moment of initiation to its adoption. Sixth, there is insufficient promotion of the portal «Open RLA» and informing citizens about the possibility of participation in public discussion. Seventh, the texts of the RLA drafts posted on the portal «Open RLA» are presented in professional language using specific terminology. Eighth, updating of the portal «Open RLA» is slow and do does not follow the rules.
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164–190
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The article analyses the Troubled Families рrogram in Great Britain, the reasons and factors that stimulated the program, its strategic goals are to assist each family to change life for better, to cut state budget spending, to start social assistance system reform, to increase the local powers role in public administration. The article describes the approach and criteria and procedures used to determine the families eligible for the program, the mechanism introduced to monitor and control the process and each stage results, how the budget structure and model of financing were changed. Under the program a system of indicators was introduced to monitor performance results: a pay by results model, family workers, cost saving calculator, etc. The program stimulated the development of a full scale information infrastructure that integrated administrative records, all institutions’ reports on families assistance, from families themselves info, special database to calculate all level budget spending on state services in troubled families and savings due to the program. Data on state budget saving is the most valuable indicator for the program success. The program assisted the local level powers to improve the potential in public administration. The above mentioned approach to troubled families problems, the mechanism to assist them and a tested system of performance indicators; the methods to monitor and control the results might interest scientists and be used in Russia.
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LEGAL ASPECTS OF THE STATE AND MUNICIPAL ADMINISTRATION
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191–204
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This article discusses the features and consequences of the arbitration reform in terms of implementation of the public administration and control elements. The reform has made significant adjustments in the relations between the state and arbitration courts. Along with the positive aspects, there are also controversial ones that require additional study and possible changes in the legislation. The subject of the study is the regulatory database and the existing practice of the federal law of 29.12.2015 N 382-FL «On arbitration in the Russian Federation». The aim of the research is to determine the importance of legal regulation and activities of the Ministry of Justice of Russia in the creation of effective arbitration courts, increasing their authority, as well as increasing the attractiveness of arbitration. It is important to identify the consequences of the elements of state control into the system of arbitration, the analysis of interaction of the state with arbitration. The achievement of these goals was facilitated by the study of both Russian legislation and foreign experience in this field, taking into account the historical development. The results of the analysis revealed the problem of the arbitration courts reduction and some both positive and negative consequences for the participants of the arbitration. The authors of the article suggest the main directions of solving problems, both by adjusting the legal mechanisms of public administration to the activities of arbitration courts, and by improving the current legislation, especially in terms of the permit-issuing procedure for the administration of arbitration, requirements for judges of arbitration courts, the prospects of expanding the competence of modern arbitration. The practical significance of the conclusion is aimed at increasing the availability of Russian arbitration, reducing the burden on state courts, avoiding withdrawal to other jurisdictions.
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SCIENTIFIC INFORMATION
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205–228
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The understanding of the Russian phenomenon of electronic (digital) interaction between the state and society, theoretical studies within the framework of the so-called “movement for the reinvention of the government” is especially urgent in the context of the development of the digital economy as a new paradigm of the country’s socioeconomic progress. In order to identify the peculiarities of the electronic (digital) government scientific discourse, the author attempts to structure and form the subject of e-government research in Russia (e-Government)using interdisciplinary approach. The main part of this study presents the scientific and quantitative analysis of journal articles, conference reports, books, dissertations and scientific works registered in national and foreign information databases and related to the Russian e-Government between 2001 and 2016. Based on the results of the survey of publications, selected on the basis of their citation index, among other criteria, the main thematic reference points in the e-Government research field were determined, and their comparison with foreign countries based on specific parameters was conducted. The author comes to the conclusion that the content profile of the publications within the Russian academic community is primarily related to the socio-political issues of e-Government, in contrast to the developed countries, where improvement (modernization) of management processes and the effectiveness of technology use have remained the most poignant for a decade. In general, the results and conclusions obtained by the author indicate the need for systemic changes in the procedures used in the study of e-Government. The results of the review of publications might be useful to the academic community in carrying out exploratory research, the development of new scientific directions, and helping experts in the search for ways to develop digital governance.
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