Vol. 21 No. 1 (2019)

This review is devoted to the anniversary X Gaidar Forum, which was held at the Russian Presidential Academy ofNational Economy and Public Administration. The purpose of the forum is to cover a wide range of geopolitical, financial, economicand social problems, to attract internationally recognized experts to their solution, to discuss strategic initiatives, projects andproposals for the development of the economy. The article reflects the key topics discussed in various sections. During the forum,many important socio-economic topics were touched upon: the development of human capital and educational technologies,prospects for scientific and technological development, digitalization of financial services, the competitiveness of Russianbusiness, national projects and the world economy, the development of corporate management, financial control and state audit,management efficiency within the framework of project activities, and many others. The internationalization of education, theintroduction of elements of artificial intelligence open up new opportunities, but at the same time new challenges arise(modernization of the infrastructure, educational environment, transformation of the international system, clash of national andglobal interests). Issues of government regulation, the sustainability of the global financial system and economic development,trade and economic integration, and national development priorities remain keynoted today. The journal ‘Public Administration'traditionally acts as one of the information partners of the forum and covers in detail the discussions that took place.

Constitutional and legal issues consistently occupy a central place in modern legal doctrine. Scientists (and not onlylawyers) appeal to it when discussing social, economic, state-legal transformations, legal values and constitutional ideals, vectorsfor the development of law and its ‘civilization', law understanding, national development strategies, etc. The Constitution is in thefocus of attention when considering the processes of digitalization, the spread of information and communication and other newtechnologies, interstate integration, strategies and tactics to counter corruption, and many other phenomena. The Constitution isused as a tool of scientific knowledge, a criterion of validity and truthfulness of many judgments and conclusions. This approachhas demonstrated productivity, as its application has allowed lawyers not only not to lose sight of the constitutional and legalaspects of new phenomena and processes for the legal sphere, but also to consistently justify the original conclusions about theprospects of the constitutionalization of human rights of the new generation (digital, somatic), digital (both in terms of form andcontent) of the Constitution. On its basis, new subjects appeared in legal discourse: the constitution and media, the constitutionalideal of the relationship between the virtual and the real in law, etc.

The article is devoted to issues of legal regulation in connection with the discussion of the foundations of theConstitution of the Russian Federation. The author considers leading democratic principles, analyzes the norms of civil law,touches upon various aspects of legal discourse. Preserving the values enshrined in the Constitution is the most important task.The Constitution of the Russian Federation protects itself with the help of public and state institutions (such as the ConstitutionalCourt of the Russian Federation, the Presidential Council for Human Rights and the Development of Civil Society, Commissionersfor Human Rights, etc.). The basis for this is the accumulated experience of its application, the preservation of the principles ofdemocracy and the rule of law laid down in the text of the Basic Law and repeatedly interpreted and applied. It follows from thisthat the experience, reputation and authority of the Constitutional Court of the Russian Federation and other institutions is themain guarantee for the protection of constitutional values. The basic law is valid, lives in the public consciousness. The constitutionis not only utilitarian in nature and does not just regularize our relations. It allows everyone to feel part of civil society.

The article deals with the problem of legitimization of power and efficiency of the Constitution, improvement of thesystem of public administration. The history of the creation of the Constitution of 1993 is traced; the model of the ‘dual' legitimationof power is analyzed against the background of modern political and legal realities. The experience shows that the legal fixationof the results of social creativity and new political traditions is possible without interfering with the basic text of the currentconstitution and, accordingly, without creating risks for constitutional stability. Thus, great opportunities remain for improving theelectoral legislation. There are many examples when the electoral legislation was updated without interfering with the text of theconstitution. At the same time, the Basic Law retains an even wider range of possibilities for ‘fine tuning' in accordance with newrealities. The current Constitution of the Russian Federation does not contain legal obstacles to the improvement of the publicadministration system. It is advisable to raise the question of alternatives to the current constitution only when the factsconvincingly indicate the onset of a constitutional crisis. If it is worth talking about alternatives to the 1993 Constitution, then it isnecessary to look not into the past, but into the future. Today it is important to start working on a draft digital constitution. At thesame time, it is necessary to emphasize that this is not about “digitizing” the actual constitutional law, but about a revolutionaryact, which should become the basis and source for legal regulation of the new digital reality and legitimization of the new socialorder that is emerging before our eyes.

The article discusses the concept of constitutional patriotism, its content and role in the theory of statebuilding and theconstitutional process based on the analysis of scientific sources, the practice of constitutional design and modeling. Conductingempirical research, the author uses the methods of comparative law, classifies and interprets historical data and, thanks to asystematic approach, synthesizes conclusions about the meaning and role of constitutional patriotism in constitutional theory andpractice. The main differences of constitutional patriotism from such concepts as civil patriotism, democratic nationalism andconstitutional nationalism are revealed, the key priorities of this doctrine (constant open political communication of all participantsof the democratic process), its fundamental elements (unity of popular sovereignty and unity of the civic nation), as well as risksand threats of its use in the statelegal life of the Russian Federation. On the basis of a detailed analysis of foreign sources,revealing the content and purpose of constitutional patriotism, the prospects for its use in the state law doctrine of the RussianFederation and abroad are explored. In particular, it is concluded that the main idea in implementing key provisions of the doctrineof constitutional patriotism in the Russian discourse is to understand it exclusively in the version of the nationwide ‘Russian culturalpatriotism', which presupposes the strengthening of Russian civil identity based on the spiritual, moral and cultural values of thepeoples of the Russian Federation. It is argued that the unification of the nation on the basis of the principles of constitutionalpatriotism does not occur by itself, constitutional patriotism is required to learn.

The article discusses three issues that became central to the discussions at the Gaidar Forum-2019, these are regionaldevelopment and the relationship between the Center and the subjects of the Federation after the start of a new political cycle inRussia (after the election of the President of the Russian Federation); fulfillment of the state's social obligations; improvement ofpublic administration. The author presents the opinions of leading experts, and also shows collisions of opinions, inconsistency of theses andproposed plans, makes a generalization about the fact that a new (for the Russian Federation) model of government is currentlybeing formed - a distribution model, when decisions are made at the Center and there is no much space for independence neitherfor the regions, nor for the citizens for making their own decisions, choosing their own strategies of action. The key problem for Russia's progress, as in previous years, and the participants of the Gaidar forum, and after them, theauthor sees in the improvement of administrative power, the state civil service. However, as the speeches of the largest expertsin this area have shown, there are no significant and sharp reforms planned, and therefore, there is a painstaking work toreconfigure the existing management system.

The article provides an overview of the activities of the Moscow City Duma and on this example the importance ofmodern training of deputies of legislative (representative) bodies of state power is shown. The author points out both the specificsof the work of parliamentarians, unlike other categories of persons holding public office, and the methods and directions of theirtraining. In this respect, the experience of the city of Moscow, one of the largest megacities in the world, is indicative. The MoscowCity Duma is changing, its structures and, of course, its composition are being transformed. Nowadays, the Chairman of theDuma, two of his deputies, as well as the heads of commissions carry out their activities on a permanent basis in the Moscow CityDuma and the rest of the deputies - without departing from their main work. It is significant that the Moscow City Duma consistsmainly of representatives of the scientific and creative intelligentsia, the business community, the industrial sector, teachers,doctors, builders. In general, these are qualified specialists who, nevertheless, require the skills of legislative activity, knowledgeof the specifics of parliamentary work. Recently, the training of deputies is carried out under the MBA programs at the RussianPresidential Academy of National Economy and Public Administration. The article was prepared on the basis of the author'sspeech at the Gaidar Forum-2019.

The article is a report on the work of the panel section ‘New Standard for Financial Control and State Audit', held withinthe framework of the Gaidar Forum. The authors note that the continued attention of the organizers of the forum to the topic of auditing and the section is held annually - underlines the relevance of the topic for the development of the country's economy, demonstratesthe level of efficiency of public administration and regulatory functions. The main issues raised in the speeches of the speakers reflectthe trends in the state financial control; outline the range of problems requiring close attention of all participants in the control andsupervisory activities, outline ways to solve them. The analysis of the discussions held in recent years allows the authors to draw aconclusion about the progressive development of the direction of the state financial control, although there are still unsolved problemsidentified by the speakers from year to year. This year, the current state and prospects of the sphere of control and audit, opened inconnection with the widespread introduction of modern technologies and the transition to the ‘digit' were subjected to expert assessment.The participants noted that automation will ensure transparency and synchronization of control procedures, significantly reducing thetime of inspections and freeing up the resources of the industry, which should be redirected to analytical processes that prevent risks.

The article analyzes the issues that determine the need for transformation and a qualitatively new approach to theinternal audit. Modern conditions create new challenges, in response to which large-scale changes are being implemented at theBank of Russia: the diversity and complexity of the functions are increasing, the rapid development of information technologies istaking place, and the main business processes are being reengineered. Currently, when digitalization is becoming increasinglyintegrated in business processes, organizations cannot carry out their activities without making the right decisions in the field ofdigital technologies. The Bank of Russia has already embarked on the path of digitalization: many processes are moving into adigital format, the volume of data created and processed is growing rapidly. Digital technologies have an impact on what is beingaudited and how it is being audited. Internal auditing has to adapt to the requirements of a rapidly changing digital world, andtherefore digital transformation becomes an objective necessity. Using the example of the Central Bank of Russia, the author shows how this important process is proceeding today on theexample of internal audit. The activities of internal audit to ensure an objective and independent opinion on the state of thesesystems and processes must meet the same high requirements, while remaining flexible, ready to respond quickly to changes andgo one step ahead. The author comes to the conclusion that the universality of digital audit, the possibility of its application to solvea wide range of internal audit tasks in the context of various activities of the Bank of Russia opens up new opportunities and hasthe great potential.

The article is devoted to the problem of low quality strategic planning in the financial sector in Russia, an integral partof which is the lack of financial development policy in Russia, separated from financial regulation and supervision and combinedwith other government policies. The current state of the financial sector in the Russian Federation is considered, a conclusion isdrawn on the negative trends in the development of the financial sector, which, against the background of a substantial growthpotential of this sector, according to the author, is a consequence of the low efficiency of state finance policy. The policy of financialdevelopment has not been formed in Russia; the reasons for this are also analyzed in the article. Particular attention is paid to themain parameters and objectives of financial development, the main results of empirical research conducted in the world economicliterature are described, including in terms of the impact of financial development on economic growth rates. Different approachesto financial sector policy in successfully developing countries and in Russia are analyzed, and the quality of strategic planningdocuments in the financial sector is assessed. Based on the analysis made, proposals were formulated for improving the qualityof strategic planning for the development of the financial sector in Russia.

The article discusses the main risks of using new digital tools in the Russian and international financial system. Theauthor pays special attention to the dynamics of the use of cryptocurrency in criminal schemes: the sale of drugs, pornography,fraud, money laundering and terrorist financing. It is noted that until national and international measures are developed to protectagainst negative trends, the black market for the circulation of cryptocurrencies and related crimes will only grow. On the basis ofthe conducted criminological analysis, the main activities for the legalization of new financial instruments and the establishmentof financial control over their turnover were highlighted; attention was drawn to the need to adjust the financial control system dueto the active development of artificial intelligence. Special attention should be given to the author's approach to assessing the risksof remote identification and using artificial intelligence to prepare financial statements. It was concluded that the state legalregulation is lagging behind the pace of development of the digital space and the need for a detailed study of all issues related todigitalization.

The Features of the Russian jurisdiction, its gaps and recommendations to address them were considered by expertsduring the section of the Gaidar forum «Russian jurisdiction: factors of attractiveness and competitiveness», organized by theInstitute of public service and management. The following overview of the work of the section focuses on the General opinion ofthe panellists on the importance of the state creating an environment in which business of varying degrees of capitalization wouldfeel comfortable. Business development allows to maintain a competitive environment in the country, create additional jobs, servesas the engine of the economy, increases the degree of responsibility of citizens and their involvement in national development.The problems of comfortable business development include many aspects, such as clear and rational taxation, transparentprocedures for registration and reporting of companies, convenience and minimum time spent in the necessary contacts withgovernment agencies, finally, predictable and fair, based on sound legislation, judicial procedure for resolving economic disputesarising in the course of business. In today's globalizing world, which has virtually no borders, there is a growing struggle amongStates to attract business to their jurisdiction. To create a favorable environment for entrepreneurs, investors, to become attractivefor doing business - this is the task for the future experts who participated in the discussion. During the meeting, the nationalreport «Competitiveness of the Russian jurisdiction» was presented, where the researchers conducted a detailed analysis of thelegal system and formulated recommendations to improve the competitiveness of the domestic jurisdiction.

The Article is devoted to the importance and role of the arbitration court in the consideration of commercial disputes ina globalized world, when the economy begins to exist without borders, and individual jurisdictions in the territory of States retaintheir exclusivity. In the first part of the article, the authors briefly introduce the activities of arbitration courts in the Czech Republic,review the history of their formation and note the growing authority not only within the country but also abroad in cases not relatedto the Czech Republic. The following are the advantages that arbitration can offer to the parties to an international transactioncompared to litigation in state courts; the essential and recommended content of arbitration clauses and, in short, the so - calledpathological arbitration clauses are presented. The analysis allowed the authors to argue that arbitration is becoming the preferredmechanism for resolving disputes in the field of international trade.

The article is devoted to the problem of growing urbanization of cities, the project of creating a city of the future, as wellas the use of ‘smart city' technologies and the application of organizational and economic models in the hybridization of the urbaneconomy. It presents three main issues that were on the agenda of the round table ‘City of the Future', held in the framework ofthe Gaidar Forum-2019, due to the dynamics of urban development observed over the past five years (according to researchconducted within the University Paris XII (Paris-Est Creteil) and laboratories CEDITER and TECHNOLOGIA pro HUMANIA). Thenecessary reinvestment of residents and economic actors, the controlled and widespread use of ‘smart cities', the hybridization ofthe urban economy require the conclusion of a new social contract between all participants, and especially the establishment ofa high degree of trust that cannot be affected by the suspicion of inefficiency of one of the two actors, which form the so-calledpolitical-administrative system, responsible for managing the city. The traditional economic model of the city, based on taxes andpayment for certain services, seems to be no longer able to meet the transformation and investment needs necessary for itsoperation and maintenance. The public economy of cities is under pressure from new competitors, such as digital platforms andaggregators, which in direct connection with the population receive part of the cost and cause changes that affect urban publicpolicy.

The article discusses the key economic and geographical problems of the Russian regions, draws attention to theaspects of depopulation and migration within the country, the asymmetry of economic and social development. The constructionand launch of new high-speed railways, which form the transport framework of the country, is considered as the object of analysis,the key and the most effective solution to this issue in the long term. The creation of such a framework and a network of high-speed communication lines - high-speed rails (HSR), as the experience of developed countries in Europe (Spain, France) and Asia(Japan, China) shows, will greatly enhance the social and geographical mobility of citizens, will create additional channels forbusiness development and international trade and accelerate economic country growth. The combination of the proposed‘channels of resettlement' will make it possible to form a rigid spatial framework of the country, ensuring its territorial integrity anda uniformly high level of development in the long term. The proposed system, taking into account the rapid transport accessibility,enables the homogeneous development of a high level of the entire territory of Russia and its individual regions, regardless oftheir location and the number of permanent residents. The phased implementation of the proposed system for the construction of high-speed infrastructure and (in the future) resettlement channels in Russia will contribute to the planned development of theentire territory of the country, labor migration and increased activity of the population in the East, which in turn will lead to thedevelopment of industry, tourism, agriculture and other business.

Russian Presidential Academy of National Economy and Public Administration traditionally maintains close workingcontacts with French colleagues in the field of education and science. Topical issues of this cooperation are regularly discussedby experts at the Gaidar forum. Over the past two years, the topic of cooperation in education has become an integral part of alarge inter - country dialogue - the Trianon dialogue, the launch of which was agreed by the presidents of Russia and Franceduring the talks in may 2017. The article is devoted to the discussion ‘Russia-France: new technologies of education', held on thefirst day of the Gaidar forum-2019. During the meeting, the Ministers of the two countries, Mikhail Kotyukov, Minister of scienceand higher education of the Russian Federation, and Frederic Vidal, Minister of higher education, research and innovation of theFrench Republic, made keynote speeches. At the request of the moderator, the speakers formulated three main areas ofcooperation. Among them is topical for both countries the objective of increasing the competitiveness of national education,development and the establishment of the international research centers of the world level, the development of a stronginfrastructure of research activities. Special attention is paid to the development of the Russian-French network University,maintenance and expansion of bilateral contacts and joint educational programs. As one of the trends of modern development,the participants noted the increasing individualization of education, which places increased demands on the teacher and theUniversity. In addition, the international component of the educational process is increasing.

The article is dedicated to the influence of global changes in academic mobility process on the development of French-Russian bilateral collaboration in the sphere of higher education and scientific researches. Through the perception of referencedocuments and legislation affecting the national as well as international policies in the scientific-educational sphere, the actual issuesof French national system of education are considered and the analyses of prospects of its transformation is provided. Thedevelopment of French-Russian collaboration, the main tool of which is the academic mobility, is considered as a mechanism ofadaptation to new geopolitical reality. Russian policy in the field of higher education, taking into account the need to support nationallanguages and cultures, including small nations, is aimed at solving the task of forming a multi-ethnic and poly-religious civil society.At the same time, it is important to understand that polyculturalism cannot exist as a separate political superstructure, but must beindependently and individually cultivated by all participants in the global process of mobility. There is a need to rethink the role ofinternational students for national educational systems, as well as the contribution of developed countries to the education of foreigncitizens. In the context of instability and uncertainty, it is necessary, based on existing experience and existing mechanisms ofcooperation, to determine the importance of knowledge in the development of civil society and the principles of expanding the ethicalconcepts of globalization. Keywords: higher education, academic mobility, French-Russian collaboration, migration, multiculturalism,national politics, international politics