scholarly journals Methodological approaches to the assessment of state control and inspection system by the citizens as its beneficiaries

2019 ◽  
Vol 19 (2) ◽  
pp. 337-351
Author(s):  
V N Yuzhakov ◽  
E I Dobrolyubova ◽  
A A Spiridonov

The success of the reform of the state control and inspection system depends significantly on taking into account the estimates of all stakeholders, i.e. business, government, and citizens as beneficiaries of the state control and inspection activities; and such estimates should be considered at the stages of planning, monitoring, and evaluating the achieved results. The priority project ‘Reforming State Control and Inspection System in the Russian Federation’ considers citizens’ estimates only if presented by statistical indicators that reflect the nature, frequency, and scale of harm often measured by the control bodies themselves, i.e. such data are prone to distortion. The authors suggest to supplement this system by indicators allowing the citizens to assess the state control and inspection activities and reform. These indicators can be measured in representative surveys, which would allow to balance the existing system of monitoring the state control and inspection activities. The article presents both international and Russian approaches to the sociological study of the efficiency of the state control and inspection system. The authors identify methodological rules of such surveys, such as that all adult citizens should be questioned regardless of their experience of interaction with control bodies. The article also describes the types of public legally protected values and the types of risks that should be part of sociological questionnaires; and suggests some key indicators for the assessment of the state control activities by the citizens: the frequency of facing the need to protect public values (the lower the frequency, the higher the effectiveness); the general estimate of the public values safety (by groups of risks); and the results of citizens’ interaction with the control bodies to protect public values including damage compensation.

2012 ◽  
Vol 3 (1) ◽  
Author(s):  
Sean Brown

Archaeology is a powerful tool for the provision of a cultural identity to a population. This same power often makes it also the target of manipulation by a state in the process of nation-building. This paper will study the darker political nature of archaeology by examining the effects of state-control over archaeological resources and research, in Nazi Germany and Fascist Italy. The aim of this paper is to highlight the dangers posed to the public world- view of a nation in which the only accepted interpretation of the classical past is that of the Party.


2021 ◽  
Vol 4 (3) ◽  
pp. 16-26
Author(s):  
V. V. Zotov

Digital network platforms are built on sociotechnical interaction between actors and actors. The creation and development of new public services based on digital platforms inevitably leads to the transformation of the relationship between the state and citizens. The attractiveness of state digital platforms for citizens increases when resolving the contradiction between the possibilities of new forms of social interaction and the threat of misuse of personal data, the risk of harm or persecution.The article presents the results of the analysis of the boundaries of the public and private in the interaction of the state with citizens on digital network platforms. The research method is a comparative analysis, which is based on the dichotomy of public and private, reflected in the concept of private and public X. Arendt, concepts of the public sphere J. Habermas, regulatory and legal concepts of privacy by R. Gavison. The empirical base was made up of a sociological study conducted to obtain information about the boundaries of privacy and publicity of personal data in the digital network space (n = 1 000 among the population over 18 years old living in metropolitan megacities and median regions by the level of informatization, 2020) and the results of Kaspersky Lab surveys conducted in 2019–2020.The conducted research allows us to assert that almost 2/3 of citizens have faced the misuse of confidential information on the Internet. Most of the respondents are aware that websites, social networks and search engines can collect data for web analytics. At the same time, citizens consider it possible to transfer personal data to the authorities in a generalized form for making managerial decisions. Half of the surveyed population does not object to the implementation of digital control over the actions and movements of citizens. Thus, despite the existing negative experience, it is unlikely that there will be any obvious resistance to organizing the collection of personal information on digital network platforms.


Author(s):  
Renaud Egreteau

This chapter explores the deepening of religious and ethnic cleavages in the 2010s, attempting to evaluate their impact on the ongoing transitional process. It investigates the new round of inter-ethnic peace parleys which President Thein Sein’s administration has embarked on since 2011. It then looks at religious and moral values, alongside the place and influence of “outsiders” in Myanmar’s society. These are themes which have recently resurfaced in public debate, as well as punctual and localized inter-communal violence. A handful of radical Buddhist associations have begun to regain a voice in the public space and have fostered debate on the involvement of the state in religious affairs. Thus monastic organizations have re-emerged as powerful actors seeking to shape public values and influence policymakers within the walls of the new parliament.


2020 ◽  
Vol 16 (4) ◽  
pp. 834
Author(s):  
Anna Triningsih ◽  
Oly Viana Agustine

Mahkamah Konstitusi sebagai lembaga yang lahir berdasarkan amandemen UUD 1945 memiliki fungsi sebagai lembaga terakhir penafsir konstitusi atau yang sering disebut sebagai the final interpreter of constitution. Fungsi ini biasanya dilaksanakan Mahkamah Konstitusi dalam kewenangannya menguji undang-undang terhadap Undang-Undang Dasar 1945. Terhadap frasa, ayat, pasal atau undang-undang yang dianggap tidak jelas atau multitafsir telah dimohonkan untuk diberikan penafsiran sesuai dengan konstitusi. Pun demikian dengan frasa keadilan sosial yang terdapat dalam beberapa undang-undang yang telah diputus Mahkamah Konstitusi. Terdapat 16 (enam belas) putusan dengan 10 (sepuluh) isu konstitusional dalam pengujian undang-undang selama periode 2003–2010 dalam bidang ketenagalistrikan, minyak dan gas bumi, ketenagakerjaan, sistem jaminan sosial nasional, sumber daya air, penanaman modal, pajak penghasilan, pengelolaan wilayah pesisir dan pulau-pulau kecil dan pertambangan mineral dan batu bara. Dari 10 isu konstitusional tersebut, dalam pertimbangan hukumnya Mahkamah lebih sering memilih menggunakan interpretasi gramatikal, interpretasi historis, interpretasi teleologis atau sosilologis dan interpretasi komparatif atau perbandingan. Mahkamah Konstitusi menyatakan bahwa keadilan sosial dalam Pembukaan UUD 1945, mengandung makna “penguasaan negara” artinya negara harus menjadikan penguasaan terhadap cabang produksi yang dikuasainya itu memenuhi tiga hal yang menjadi kepentingan masyarakat: ketersediaan yang cukup, distribusi yang merata, dan terjangkaunya harga bagi orang banyak. Dengan dikuasai oleh negara, keadilan sosial diartikan mencakup makna penguasaan oleh negara dalam luas yang bersumber dan diturunkan dari konsepsi kedaulatan rakyat Indonesia atas segala sumber kekayaan “bumi, air dan kekayaan alam yang terkandung di dalamnya”, termasuk pula di dalamnya pengertian kepemilikan publik oleh kolektivitas rakyat atas sumber-sumber kekayaan dimaksud. The Constitutional Court as an institution born based on the amendments to the 1945 Constitution has a function as the final interpreter of constitution. This function is usually carried out by the Constitutional Court in its authority to examine laws against the 1945 Constitution. Regarding phrases, verses, articles or laws that are deemed unclear or multiple interpretations have been requested to be interpreted in accordance with the constitution. Even so with the phrase social justice contained in several laws that have been decided by the Constitutional Court. There are 16 (sixteen) decisions with 10 (ten) constitutional issues in judicial review during the 2003–2010 period in the fields of electricity, oil and gas, employment, national social security systems, water resources, investment, tax income, management of coastal areas and small islands and mining of minerals and coal. Of the 10 constitutional issues, in its legal considerations the Court often chooses to use grammatical interpretations, historical interpretations, teleological or sosilological interpretations and comparative or comparative interpretations. The Constitutional Court stated that social justice in the Preamble of the 1945 Constitution, contained the meaning of "state control" means that the state must make control of the controlled branch of production fulfill three things that are in the public interest: adequate availability, equitable distribution and affordability. By being controlled by the state, social justice is interpreted to include the meaning of control by the state in a broad sense that is derived and derived from the conception of the sovereignty of the people of Indonesia over all sources of wealth "earth, water and natural wealth contained in it" the people for the intended sources of wealth.


Author(s):  
A.Zh. Аmen ◽  
A.A. Кenzhegylova

Today, the formation of conditions for the development of the state language is one of the strategic tasks of the country's further development. And in this regard, the most important area of implementation of the language policy is the public life of the country as a whole. The new socio-political realities of Kazakhstan as a sovereign state require a language policy that meets the needs of the country's multi-ethnic population and takes into account the peculiarities of the language, demographic and political situation. President of the Republic of Kazakhstan N.A. Nazarbayev attaches great importance to the problems of language and language policy in the country. In his work "To preserve memory and strengthen harmony", he points out that "... everything must be done to ensure that the language of the titular nation, as it is sometimes said, is in demand for life - in the public service, in production, in science, and in education, as well as Russian, should become a guide to action for all of us. The desire to respect other languages without showing concern for the native language means a lack of respect for the honor and dignity of one's own people. The independence of language also means the independence of every person's thinking and is a fundamental condition of state sovereignty." The problem of the state language, which has been the subject of heated discussions for many years, still cannot find a solution. Despite the fact that the Kazakh language has the status of the state language, we still do not dare to demand its knowledge from civil servants. The Supreme power has tried several times to introduce this rule without fail, but has met with active opposition. And this problem has not yet found its solution. The language policy of the state, the current situation and prospects for the development of the Kazakh language are always in the center of public attention.


Author(s):  
Saniat Agamagomedova ◽  

The subject of research is state control and supervision from the point of view of axiological approaches. The first level of the latter makes it possible to determine value of state control and supervision as administrative forms; the second level forms variants of theoretical and legal substantiation of the correlation between the control and supervisory activities of the state and the totality of values protected by law. The aim of the article is to propose methodological techniques for determining the value of state control and supervision, which is understood as the importance of these institutions in the public administration system as a whole in the context of the possibility of using other administrative forms to achieve regulatory goals. The value of the control and supervisory activities of the state is substantiated from the point of view of the possibility of replacing state control and supervision with other regulatory mechanisms within the framework of deregulation processes (horizontal approach), as well as taking into account previous development of these administrative forms (evolutionary approach). Value of state control and supervision is seen as the ability to ensure the protection of legally protected values with minimal interference of public authorities in controlled activities. Value of the considered management forms is substantiated using the category of deregulation, which is understood as: process of development of a certain sphere of social relations; process of delegating state powers; trends to expanding the freedom of subjects, transition to “soft” regulation; process of reducing and simplifying administrative procedures (procedural deregulation). Determination of the value of state control and supervision is associated with the justification of the possibility of replacing these management forms with others in relation to a certain area of regulation, which determines a specific ratio of various management forms and mechanisms. From the point of view of evolutionary approach, value of state control and supervision is determined by the previous development of these administrative forms in the system of state power. Within the framework of the theoretical and legal substantiation of the category “values protected by law” in the system of state control and supervision, a variety of positions are highlighted. As a conclusion, a modern formula is proposed: state control and supervision — socially significant results — mandatory requirements — values protected by law.


Author(s):  
E.I. Efremova ◽  
E.A. Fedchenko

The article analyzes the procedure of procurement by the state control bodies with the participation of audit organizations. In recent years, the procurement system has improved in terms of openness and transparency of tenders due to the gradual electronics and innovations in legislation. The public procurement system is used for the acquisition by the state of a wide variety of goods and services, but it is far from perfect in the procurement of specific areas. The system does not provide for full disclosure of customer information for such orders where it is highly desirable, in particular when conducting a tender for the audit of financial statements. These and many other factors may ultimately affect the quality of audit services, which is why it seems relevant to study the control system of procurement from audit organizations and mechanisms to ensure the high quality of the audit.В статье анализируется порядок проведения государственными контрольными органами закупок с участием аудиторских организаций. В последние годы система закупок усовершенствовалась в части открытости и прозрачности торгов благодаря постепенной цифровизации и нововведениям в законодательстве. Система государственных закупок служит для приобретения государством самых различных товаров и услуг, однако она далеко не совершенна при осуществлении закупок в специфических областях. Система не предусматривает раскрытие полной информации о заказчике для таких заказов, в которых это весьма желательно, в частности, при проведении конкурса на аудит финансовой отчетности. Эти и многие другие факторы в конечном итоге могут влиять на качество предоставления аудиторских услуг, именно поэтому представляется актуальным изучение системы контроля закупок у аудиторских организаций и механизмы обеспечения высокого качества проводимого аудита.


Author(s):  
Марутян Р. Р.

The article examines the nature and components of the mechanisms of intellectual support of the national security policy of Ukraine, which includes the ideological and value, normative and legal, institutional, organizational and functional mechanisms; it is proved that disclosure of the content of these mechanisms in the conditions of hybrid warfare allows to formulate the priorities of the state policy on the development of intellectual resources of the national security sphere; The subjects of the system of control over the national security policy are analyzed, among which are the state control, the control of the executive authorities and the public control. All types of this contra are carried out using the intellectual resources of the state and society through the activities of subjects of intellectual security of national security of Ukraine.


Author(s):  
Amy J. Cohen

This comment revisits a long-standing debate about alternative dispute resolution (ADR) and public values. In Against Settlement, Fiss argued that ADR would undermine popular commitments to “public values” (1984). For Fiss, public values are moral truths about rights, justice, and social cohesion that all who comprise “the public” should want to uphold, and which the state is obligated to enforce. Fiss distinguished public values from subjective preference, or what any one individual actually desires. He submitted that by resolving disputes according to individual preference, ADR would replace public values with individual interests and replace state power with private social ordering. Hence, Fiss declared himself against settlement....


2019 ◽  
pp. 59-67
Author(s):  
Irina Fan

The paper aims to study the problem of enhanced tendency of the state to limit citizens’ fundamental rights and freedoms, globally and in Russia, justifying it with the need to provide security. Two major approaches to the ratio of freedom and security can be identified in the Russian public discourse – neo-conservative and liberal-democratic. The author uses the concept of social constructivism as a methodology basis for the research to analyze these approaches’ content and ways of constructing them. A contradiction has always exists between the individual’s right for freedom and pursuit of security. However, the specific way of solving it depends on the type of political system and the role of the political elite. The following results were obtained. People’s basic need for security is used by the Russian political elite as a justification for any state policy measures, including limitation of citizens’ constitutional rights and freedoms and curtailing democratic institutions and practices. This is implemented by establishing the state control of mass media, manipulating the public opinion through propaganda, as well as funding the security apparatus in ways not controlled by the society. Security instead of freedom is a false choice imposed on the population by the authorities. Achieving security and freedom is not mutually contradictory; it is mutually determining under conditions of an effective rule-of-law state.


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