общественный контроль
The issue of the historical succession of the organizational and institutional mechanism of people’s control in the USSR by the modern system of public control: A political and legal aspect |
Introduction. At present, an obvious scientific interest in the Soviet historical experience of constructing political institutions and organizing public administration is growing. In this context, there is an urgent need to compare and identify the generic qualities of people’s control in the USSR and public control in the Russian Federation, to clarify the general and specific patterns of their development, to conduct a comparative analysis of the ideological, conceptual, regulatory, legal, and organizational and institutional characteristics of the phenomena under consideration. Theoretical analysis. People’s control in the USSR and public control in the Russian Federation have a lot in common, especially in the context of assessing their social nature and essence. Theoretically, both phenomena characterize the content of the democratic foundations of the constitutional system and are considered the most important guarantee and condition for the implementation of democracy in a political system of a certain type. The authors also single out separate content aspects that characterize the authenticity of both types of control, which are manifested to a greater extent in their essential definition and intended purpose. Public control is an integral feature and, at the same time, a function of civil society - the sphere of self-organization and activity of free citizens and their associations. The theoretical and methodological configuration of people’s control was based on considering it as an auxiliary control function for the state, not of society, but of the people as a political community of all citizens of the USSR. Empirical analysis. It was revealed that people’s control in the USSR and public control in the Russian Federation are characterized by a high degree of legal regulation. The authors highlight the main differences of both types of control. These differences are of an organizational and institutional nature and refer to features of the subject-object composition, forms and results of activities. Results. The retrospective study of the genesis of public control and the practical implementation of the conceptual paradigm at the present stage of the development of the Russian Federation allows us to defi ne it as the result of the institutional historical succession of the forms of democracy that developed during the Soviet period of the functioning of the national political system. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 4 |
Forms of Public Control in Judicial System of the Russian Federation |
In article features of realization of public control over functioning of courts in the Russian Federation are considered, the characteristic of forms of control of citizens and the institutes of a civil society used for maintenance of an openness of activity of judicial system is given. |
Izv. Sarat. Univ. Economics. Management. Law, 2012, vol. 12, iss. 1 |
Forms of direct municipal democracy: Upcoming transformations |
Introduction. The subject of the study is the novelties of the draft federal law “On the general principles of organizing local self-government in a single system of public authority” in terms of the legal regulation of direct municipal democracy. It is distinguished by a signifi cant reduction in the existing forms of direct participation of the population in the implementation of local self-government, while not off ering any new ones. Though in the course of the development of the state and society in Russia over the past two decades, new democratic mechanisms and tools have appeared. Empirical analysis. The authors analyzed the current legislative norms regulating the forms of direct democracy at the level of local self-government and provided a legal assessment of the reduction of their list in the given draft law. The researchers revealed the necessity of preserving the institution of voting on the recall of elected persons of local self-government, which is at the same time one of the types of municipal legal responsibility, in the draft law. In search of additional forms of direct democracy at the local level, the institution of public control was considered. Understanding its goals and objectives through the prism of local self-government indicated that it can act as an eff ective tool for the population in assessing the activities of municipal authorities. Results. The study concludes by proposing to supplement the forms of citizens’ participation in the implementation of local self-government, enshrined in the named bill, with a new form of “public control over the activities of local self-government bodies”. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3 |
Social movements in the Russian Federation and their participation in elections: Current state and prospects of development |
Introduction. The socio-political sphere of the state is the foundation of its democratic development and a prerequisite for longterm state-building. The history of the development of the Russian state testifies to the absence of traditions of the formation of democratic institutions and their development. Social movements in the modern state are the mainstay of the development of the country’s political system and the prerequisite for the formation of new political parties. In accordance with the Federal Law “On Public Associations”, a public movement is a type of public association that has a mass character and pursues social, political and other socially useful goals. Taking into account the peculiarities of the current stage of constitutional and legal regulation of the activities of political parties, it is necessary to consider the issue of expanding the participation of social movements in the socio-political life and in the electoral process. Theoretical analysis. Today, Russia stands on the path of democratic transformation of all state institutions. The institutions of the socio-political sphere of civil society also need this transformation. The activities of political parties in a country with a stable constitutional framework are the basis for the exercise of state power. The functioning party system of modern Russia is not characterized by elements of completeness. Social movements, taking into account the Russian reality, could become a platform for the formation of competitive political parties in the future. Empirical analysis. The analysis of the content of the Federal Law “On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation” indicates the legal consolidation of such a concept as “electoral association”. This concept is introduced to define the subject of electoral actions in the process of holding elections at various territorial levels. Its content indicates that in the framework of federal and regional elections, these are primarily political parties. In elections to local self-government bodies, such an electoral association may be a public movement, provided that the purpose of participation in the elections is fixed in the statutory documents. Results. The natural process of forming political parties is related to their grassroots level of formation. Today’s Russian party system is in crisis, and small political parties do not enjoy electoral support. It is necessary to create legal conditions for the development of socio-political movements – as an organizational basis for the formation of political parties with stable political programs. The conclusion is formulated that among all the variety of social movements functioning in Russia, one can distinguish such a variety as socio-political movements and provide for their right to nominate candidates for deputies in single-mandate and multi-mandate electoral districts, as well as their participation in the implementation of public control in Russia. |
Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 3 |
Public Control in the Sphere of Formation and Functioning of the Executive Power Bodies in the Russian Federation |
Introduction. Public control in a democratic state embraces the entire public administration system. One of the most important objects of such control is the activity of executive authorities. Theoretical analysis. The main trajectory of the development of public control in the sphere of executive power is relations associated with the formation and direct activity of executive bodies, as well as their officials. Empirical analysis. It was revealed that in the process of exercising public control in the sphere of the functioning of executive authorities, special forms of control are used, such as the assessment of the regulatory impact and the assessment of the actual impact, suggesting a public-state mechanism for its implementation. Results. Specific features of public control in the area of executive power are the following organizational and legal conditions for its implementation: the mechanism of public control in the sphere of activities of executive authorities based on the concept of “Open government”; implementation of most forms of public control through the use of the electronic communication environment of executive authorities and civil society institutions, including citizens; the use of a special form of control based on a combination of elements of state and public control – public and state control; citizens and public associations that can act as independent subjects of public control. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 4 |
A Citizen of the Russian Federation is a Subject of Public Control in Russia |
Introduction. Public control is an attribute of a developed civil society in the state. In Russia, the Federal law regulating the procedure for public control was adopted in 2014. This law has established a limited range of subjects of public control in Russia, however, current legislation indicates the actual inclusion of other subjects not stipulated in the law in this mechanism. A citizen of the Russian Federation is not directly listed by the Federal law as a subject of public control, however, the law provides for forms of participation of citizens in the process under consideration. Theoretical analysis. Russia today stands on the path of democratic transformation of all state institutions. The implementation of fundamental constitutional provisions regarding the recognition of human and civil rights and freedoms as the highest value is impossible without the functioning of instruments of public control over the activities of public authorities. Developed democracy presupposes the exercise of public control by the entire multi-level system of civil society institutions, with the citizen at the center. Empirical analysis. The analysis of the content of the Federal law “On fundamentals of public control in the Russian Federation” from the point of view of consolidation of constituent entities of social control and forms of its implementation, allows to conclude that, in fact, the law duplicated the forms of social control and subject composition fixed earlier by the Federal law “On Public chamber of the Russian Federation. The current legislation indicates that the central link in the number of subjects of public control are public chambers and public councils operating in Russia and that there are no legal guarantees of citizen participation in the implementation of public control. Results. The current development of the procedure for implementing public control in Russia implies the need for legislative consolidation of direct forms of participation of citizens of the Russian Federation in this mechanism. Direct forms of such participation can be: appeals to state authorities and local self-government bodies in the form of proposals with wide public awareness via Internet resources; participation of citizens in the electoral process as public observers; participation as a member of the public chamber of any territorial level of the organization; participation as members of public associations and other non-governmental non-profit associations; participation as public inspectors and experts on the initiative of Russian citizens. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 4 |
The Role of Business Associations as Civil Society Institutions in the Implementation of Public Control in Russia |
Introduction. The issues of participation of public associations of entrepreneurs in the process of public control in Russia are poorly investigated. The author analyzes the powers of these nonprofit organizations in fulfilling the goals and objectives of public control, identifies the effectiveness of their activities in this area. Theoretical analysis. Public control is the inherent condition for the effective development of all spheres of life in a democratic state and civil society. Studying the norms of Russian legislation governing public control, the author notes the limited circle of its actors. As for public associations, they, according to the current legislation, are not subjects of public control, but only its participants, endowed with separate powers. Only some of these organizations have been granted additional rights in the field of public control (for example, public consumer organizations). Public associations of entrepreneurs are not among these organizations, despite the declaration of the possibility of participation of public associations in other forms of public control in the Federal Law “On the Basics of Public Control in the Russian Federation”. Empirical analysis. The author analyzed: materials of judicial practice on issues related to the possibility of challenging public associations of entrepreneurs with decisions and actions of state and other bodies and organizations; reports on the activities of public associations of entrepreneurs with a view to fulfilling the functions of public control. Results. The author proposes to amend the current legislation regarding streamlining and expanding the rights of public associations of entrepreneurs in the implementation of public control. It is necessary to recognize public associations as subjects of public control; provide the opportunity to file lawsuits with the All-Russian public associations of entrepreneurs in order to protect the rights and legitimate interests of their members; consider the possibility of creating an advisory body to the Federal Assembly of the Russian Federation and the government of the Russian Federation, consisting of members of business communities, representatives of workers. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 1 |
Civic Chamber in Russia: History of Creation and Development Trends at the Present Stage |
Introduction. For the first time, the creation of the Civic Chamber in Russia was connected with the need to adopt a new Constitution in 1993, as well as to search for public consent and overcome political instability in the state. Despite the short period of its operation, the Civic Chamber, created by the first President of Russia B. N. Yeltsin, served as the impetus for the creation of civic chambers of the constituent entities of the Russian Federation, many of which are continuously operating to date. Theoretical analysis. Today, Russia is on the way to the democratic transformation of all state institutions. The implementation of the fundamental constitutional provisions in the recognition of human rights and freedoms of a person and citizen as a supreme value is impossible without public control tools over the activities of public authorities. The civic chamber, functioning at both the federal and regional levels, promotes the dialogue between the government and society, and also directly participates in government decision-making, which contributes to meeting the urgent needs of society and the individual citizen. Empirical analysis. In the course of their activity, both the Civic Chamber of the Russian Federation and the civic chambers of the subjects of Russia, the functional elements of their legal status changed. This transformation took place under the influence of social trends of the Russian state and the needs of society as a whole. Results. The result of the analysis of the historical retrospective review of the creation process and activity of the Civic Chamber in Russia is the identification of the historical stages of the institution under consideration, as well as the need to ensure its independence and informational openness. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 4 |
Questions of Legislative Regulation to Effectively Ensure Information Support of Public Control |
Introduction. Public control is a mechanism with the help of which civil society influences the activities of government authorities. An important element of public control is to provide free access of citizens to the information about the subjects, objects and forms of public control, and a broad discussion of its results. Theoretical analysis. Establishing the legal basis of public control, the Russian legislation proclaims the publicity and openness of public control; it sets up the conditions to ensure information support of public control; the law establishes the rule of public access to the information on public control except for the information constituting a state secret and other types of secrets, as well as personal data; it regulates the rights and obligations of subjects and objects of public control relating to the provision and disclosure of information. However, these rules set only a legal framework; the issues relating to the ways in which citizens obtain information about the implementation of public control have not been studied sufficiently. Empirical analysis. The most significant drawbacks of the legal regulation to ensure information support of public control are: the disarray of information resources that contain information about various subjects and forms of public control, which leads to the fragmentation of information and makes it difficult to search for it; the lack of a mandatory list of information items on public control, which makes it difficult to monitor the information support of public control; the lack of information and legal guarantees of public control. Results. The following ways to improve ensuring information support of public control in terms of organization and legal nature are offered: legal regulation to create and ensure functioning of the unified state information system of public control should be implemented; the list of information items on implementation of public control and its results that are compulsory to be openly published should be included in the text of Art. 8 of the Federal Law “On the basis of public control in the Russian Federation”; additional legal guarantees of access to information on public control should be established. |
Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2019, vol. 19, iss. 3 |
The Category of “Public Control” in the Constitutional Legislation of Foreign States |
Introduction. This article analyzes the constitutional legislation of foreign countries for the existence of a normative consolidation of the category of “public control” in it. The article studies the legal and technical approaches to determining the content of this concept, applied in foreign countries, as well as general and specific features of the institutionalization of public control in national legal systems. The main goal of the work is to study the peculiarities of the legal understanding and the rightful implementation of public control in foreign countries. Results. The author analyzes the norms of the constitutions of foreign states, which strengthen the foundations of democracy. The article shows the dependence of the use of the category of “public control” in the constitutional legislation of countries depending on the national peculiarities of the organization and functioning of political and legal systems. Particular attention is paid to the influence of the Russian legal system on the development of legislation in the sphere of public control in the CIS countries. Сonclusion. The author comes to the conclusion that foreign countries rarely use the concept of public control, replacing it in most cases with the concept of civic participation, which presumes essentially identical forms and ways of interaction between the state and civil society. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 4 |