scholarly journals Data and factors analysis of anti-corruption environment components of Russian public authorities

2021 ◽  
Vol 109 ◽  
pp. 01007
Author(s):  
Olga Astafurova ◽  
Ada Golomanchuk

The paper is devoted to the examination of functional features of anti-corruption activities in Russian public government bodies and authorities using the cognitive modeling method . Currently, a contradictory situation is observed in corruption related assessment practice. At present, the leadership of public authorities reports on a decrease in acts of corruption whereas the statistics testify rather to the persistence of the previous level of corruption offenses than to the decline. Employees are concerned about the increasing requirements related to compliance with anti-corruption restrictions, as well as income, expenses and property obligations reporting. Citizens continue to express distrust in government bodies and state apparatus as a whole. These contradictions could be resolved if the interests of both employees of state bodies and citizens of the country are taken into account. It is assumed that when assessing anti-corruption environment effectiveness, it is advisable to take into account not only the risks of citizens, but also the risks of public officials and state authority’s employees. We applied cognitive modeling as it is difficult to formalize most stages of government bodies` activities, whereas we need to take into account many factors and conflicting goals that have complex weakly structured relationships. Fishbone Diagram or Cause-and-Effect-Diagram and the cognitive map were basic initial stage of cognitive modeling which allowed conducting the analysis of external and internal factors influence on the anti-corruption environment development in government bodies. The authors of the paper have shown benefits of expediency transferring of some personnel department functions into digital format.

Author(s):  
Nikolai Petukhov ◽  
Ekaterina Ryabtseva ◽  
Yuri Tuganov ◽  
Vladimir Aulov

At the present moment, corruption crimes committed by civil service employees not only interfere with the work of public officials endowed with authority, but they also undermine the credibility of state power, the trust and respect of people for state institutions and, primarily, for equitable justice. The article describes the experience of counteracting corruption in the practice of courts and judicial bodies, including the High Qualification Board of Judges, the Councils of Judges of the Russian Federation and of its regions. Adhering to the requirements of international law and taking into consideration the national law systems, the authors based their research on the inter-disciplinary systemic approach, which is necessary for the effective prevention of corruption in the court system. The theoretical results of the research were reflected in determining both the general regularities of combating corruption in the court system and the specific characteristics that take into consideration the structural and functional features of court power and the legal status of public officials. The practical results include suggestions on optimizing the organization of corruption prevention in the court system, the cooperation of courts and judicial bodies with other state bodies and public institutions on counteracting corruption while preserving the independence of the judicial power. The practical conclusions could be used for optimizing the work of courts and judicial bodies connected with the organization and implementation of anti-corruption measures.


2020 ◽  
pp. 340-358
Author(s):  
M. S. Belousov ◽  
T. V. Lebenkova

The features of the development of the dynastic crisis of the interregnum of 1825 through the prism of the functioning of one of the key public authorities - the Holy Synod is discussed in the article. An analysis of the literature allows us to conclude that in modern historiography, the events of the oath to Grand Duke Konstantin received conflicting estimates. It is noted that as a result there were several interpretative schemes of what happened in the capital on November 27. An appeal to the workflow of the Synod makes it possible to assert that from the point of view of the logic of the functioning of the state apparatus, a coup d’etat took place. An analysis of everyday activities, the key bureaucratic formulas in the protocols leads to the conclusion that the bureaucratic reaction to the oath to Konstantin did not correspond to the established traditions and was distinguished by haste and internal contradictions. This was reflected primarily in the decisions of November 27: the Synod decides on the oath, relying on oral reports from the synodal members, but the next day duplicates its own decision, referring to the jurisdiction of the Senate. Moreover, a comparison with the events of December 12-14 shows that the accession to the throne of Nikolai Pavlovich was carried out in accordance with the order established in the previous century and was distinguished by deliberate legal accuracy and consistency.


Author(s):  
Petro V. Makushev ◽  
Аndrii V. Khridochkin ◽  
Hanna O. Blinova ◽  
Oleksandr V. Taldykin

The relevance of the problem under study is due to the need for theoretical justification of the place of executive proceedings in the modern legal system of Ukraine and the functions of the state executive service to protect the rights of citizens and legal entities, as well as the interests of the country. The purpose of the article is to develop a modern model of administrative activity of state executive service bodies. The leading research method for this problem is modeling, which allows us to consider this problem as a focused and informed process of reforming the existing system of executive proceedings in Ukraine. The article presents the main causes of problem situations in executive proceedings and offers comprehensive ways to solve them, based on the structure of the modern state executive service, creating the theoretical foundations of executive proceedings and making specific amendments to the current legislation. The article clarifies the principles, functions and powers of the state executive service in Ukraine, as well as defines the functional features of the administrative activities of the state executive service bodies and discloses the contents of the administrative-legal status of the state executor in a mixed decision enforcement system. In Ukraine is not yet comprehensive research on state executive service in Ukraine in a mixed system of decision-making, with emphasis on the peculiarities of its reform in the present period and the formulation of the Concept. This determines the relevance of this study, its scientific and practical value


2020 ◽  
Vol 54 (4) ◽  
pp. 782-838 ◽  
Author(s):  
Nobuiuki Costa Ito ◽  
Leandro Simões Pongeluppe

Abstract Facing the unprecedented situation of the COVID-19 pandemic, public officials at the municipality-level have no clear benchmarks or tested policies. In this situation, decision-making becomes a controversial process. This article provides insights for public agents in the Brazilian municipalities to deal with the initial stages of the COVID-19 pandemic. We analyzed the actions taken by city halls of the 52 Brazilian municipalities at least thirty days since the first confirmed case of COVID-19. We used a fuzzy-set Qualitative Comparative Analysis (fsQCA) to identify the combinations of contextual factors and public actions that reduced COVID-19 transmission during the critical initial stage. The empirical results show three main paths to guide policy-making: (1) a plural collaboration path involving public and private sectors, operating in a fragile health system; (2) a public action path providing aid programs through intense collaboration inside public bureaucracy; and (3) a resource-based path relying on a well-structured health system.


2019 ◽  
Vol 23 (2) ◽  
pp. 163-183
Author(s):  
Nikolay A. Vlasenko

A quarter of a century has passed since the adoption of the Constitution of the Russian Federation by a national referendum. The jubilee gives a reason to talk about the optimality of constitutional provisions, their effectiveness, and somewhere practical expediency. The article aims to analyze the points of view expressed in this regard in the scientific press, newspaper periodicals and other media. However, the author first refers to the history of the emergence of the Constitution of the Russian Federation in 1993. It is noted that the Basic Law, on the one hand, was a result of military-political compromise between supporters of the parliamentary vision of the future structure of the country and supporters of a strong presidential power, on the other hand, allowed ultimately abolish the Soviet system and traditions. The mentioned situation and the factor of haste and hurry could not but affect the content and technical and legal quality of the document. The author has reduced the opinions expressed on the issue of modernization of the Constitution of the Russian Federation to three main positions: 1) The Constitution has not exhausted its potential and there is no reason to change its text; 2) a full-fledged constitutional reform is required, the current Constitution has exhausted its potential; 3) there is a need for precise partial changes and additions that can improve the Constitution. The article argues that the last position of the so-called precise partial changes is the most productive and allows to make the constitutional document adequate and relevant. In this regard, it is proposed to hold several round tables at the initial stage on the development of concepts for improving the constitutional foundations. One of them, the author calls promising and offers to prepare a list of proposals for the removal of ideologically and actually not confirmed in practical life provisions. These are provisions about Legal State (excluding the principle of separation of state power), Welfare State, etc. Another concept that also needs to be developed is institutional (the concept of the legal status of public authorities, their powers, checks and balances, etc.). These ideas, the author believes, should be a compromise between scientists, then become public and be implemented in the practice of constitutional construction.


Author(s):  
M. D. Nauryzbek

The article examines and compares the declaration systems in the Republic of Kazakhstan and the United Kingdom, since the declaration institute is one of the most effective tools for preventing conflicts of interest. In particular, the study examines the aspects of disclosure and verification of data in the declaration system of two countries. The functioning of an effective state apparatus requires strong consistency with the principle of transparency and accountability. In this situation, public officials, disciplining their behavior, are aware of responsibility for their actions. To ensure the disclosure of reliable and complete declared information, it is necessary to use a verification system. Verification is also one of the most important components in the process of forming an effective system for declaring income and assets, liabilities and interests. It is a tool that allows to prevent and identify conflicts of interest, which often lead to the commission of the corruption violations. This article uses the method of comparative analysis, since comparative analysis allows to determine the fundamental values, and accordingly, to offer the most appropriate solutions to the problems. In the first part of the analysis, the author explores the Kazakhstani declaration system, in particular, the concept of declaration is given, the regulatory provisions on disclosure and verification of declared information are analyzed. Next, in contrast, the system of Great Britain is examined, on the same basic aspects. This approach allowed us to identify the pain points in the Kazakhstani system and made it possible to apply the positive experience of the UK. The study provides an information base for both the civil servants and the non-governmental sector and the population. As a result of the research, the author offers a number of recommendations on the VAP principle developed by the author, based on the experience of the UK, to improve the declaration system in Kazakhstan.


2021 ◽  
Vol 2 (XXI) ◽  
pp. 131-140
Author(s):  
Borys Kadyszewski

The article is an analysis from the theoretical and dogmatic point of view of the institution of “special use of weapons”. The intention of the legislator was to comprehensively regulate the issue of the so-called sniper shot, which is to be the reaction of the state apparatus to terrorist behavior. The direct goal of “special use of weapons” is to deprive or endanger the life of the perpetrator of a terrorist event in such a way as to ensure maximum protection of the life and health of individuals whose legal rights may potentially be threatened by terrorist activities. This study aims to present the normative shape of the discussed institution and analyze it in terms of the assumptions of the theory of law and criminal law dogmatics, and in particular, it is an attempt to answer the question about the scope of responsibility of public officials authorized to fire a sniper shot in terms of circumstances excluding unlawfulness


2021 ◽  
Vol 7 (4) ◽  
pp. 358-367
Author(s):  
Olga A. Ignatieva

The rapid development of information and communication technologies creates new opportunities not only for science, technology and society, but also for political power and governance. Global capitalism is being replaced by platform imperialism. Political power and the state apparatus now have ample opportunities to improve their performance, from the use of algorithmic management based on big data and digital control of the population to increasing trust in the decisions they make by creating the possibility of direct communication between citizens and public authorities through digital platforms. This paper will examine the specifics of legitimizing power through communication platforms, both at the level of a single state and in the international arena. The theoretical framework of this paper is the systematic analysis of D. Easton. Easton. F. Sсharpf and W. Schmidt. Also, to understand the peculiarities of platform interaction M. Foucault's concept of governmentality is involved. The work examines not only the peculiarities of the legitimization of power at the national and global level in the era of digitalization, but also analyzes the types of legitimacy of political decisions made through regional and global platforms.


2020 ◽  
Vol 54 (4) ◽  
pp. 782-838
Author(s):  
Nobuiuki Costa Ito ◽  
Leandro Simões Pongeluppe

Abstract Facing the unprecedented situation of the COVID-19 pandemic, public officials at the municipality-level have no clear benchmarks or tested policies. In this situation, decision-making becomes a controversial process. This article provides insights for public agents in the Brazilian municipalities to deal with the initial stages of the COVID-19 pandemic. We analyzed the actions taken by city halls of the 52 Brazilian municipalities at least thirty days since the first confirmed case of COVID-19. We used a fuzzy-set Qualitative Comparative Analysis (fsQCA) to identify the combinations of contextual factors and public actions that reduced COVID-19 transmission during the critical initial stage. The empirical results show three main paths to guide policy-making: (1) a plural collaboration path involving public and private sectors, operating in a fragile health system; (2) a public action path providing aid programs through intense collaboration inside public bureaucracy; and (3) a resource-based path relying on a well-structured health system.


Author(s):  
Rashid Yusifbayli

The purpose of the article is a comprehensive analysis of communication technologies of interaction between society and public administration and administration. It is emphasized that one of the functions of public authorities is communicative. The importance of establishing a communicative process in the system of public administration and administration as a dialogue and interaction between equal actors, where the use of direct information channels and feedback channels should be balanced and manifested through various electronic forms of participation. There are three main models of electronic participation: management model; consultative model; participation model. It is substantiated that the availability of a developed information infrastructure is a condition and indicator of the effective-ness of public administration and the use of information and com- munication technologies is associated primarily with the implementation of the e-government project. It has been proven that in order to increase the efficiency of public administration and administration by transforming the existing bureaucratic system, it helps to make it more flexible and adapted, less hierarchical and regulated, and to make the transition to post-bureaucratic organizations. Transferring the service to electronic form eliminates the negative, dysfunctional practices inherent in modern bureaucracy. The study found that the reforms taking place in the system of electronic communication of public administration and society are to some extent ambivalent and contradictory. It has been proven that without broad administrative reforms aimed at improving the functioning of the state apparatus, the introduction of e-government technologies will not be effective and will be reduced to long and unsuccessful attempts. One way out of this situation is to adopt a new theoretical paradigm of administrative reform, in which e-government will cease to be a complement to bureaucratic structures, and systematic management of all administrative processes to achieve the end results will become a central part of public administration.


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