Vol. 21 No. 2 (2019)

The article examines the status of a civil servant as a socio-political institution of public law regulation. It presents the relevant details of the main status factors - citizenship; position and its place in the official structure of the state body; rights, duties and requirements for official behavior; restrictions and prohibitions on service; basic professional and personal characteristics of the employee of modern formation. It is emphasized that the presented positions are not only the basis of the success of the state and the efficiency of performance, but also a factor of stability of career and prestige of the profession of public servant. Some weaknesses of the current civil service personnel, including in terms of countering bureaucratic and corrupt practices, are not bypassed. To date, a completely modern system of public service has been formed; the organic unity of its official structure and staffing has been ensured, the rights, duties and responsibilities of employees of the apparatus have been balanced, and favorable conditions have been created for the display of initiative. The main status imperative of every employee of the public sphere in the modern state should be honest and highly professional service to society, the desire to work in accordance with the law and live according to conscience. Modern, highly organized, reputable public service needs conscientious professionals, people who are set up for high-performance work, responsible attitude and innovative nature of service.

This article is one of the first experiences of understanding the problems associated with the construction of a digital state in the Russian Federation. The first attempt to introduce digital technologies in the activities of public authorities was made in the early 2000s, but it can not be called successful, since neither the management system itself, nor civil servants were not ready for this in terms of understanding ‘digitalization'. The relevance of the study lies in the fact that it is the first time developed the theoretical foundations of the digital state constructing, governance and society, taking into account international experience. In this article, the authors for the first time provide a fairly extensive review of international experience in the use of digital technologies, which can be successfully applied, including from the point of view of combating corruption in the public authorities. The issue of introducing digital technologies to counter corruption in the Russian Federation is more acute than ever, because over the past few years. In addition, the article discusses the concept of ‘State as a Platform', created by a team of authors of the Center for strategic development to transform the public administration system in the Russian Federation. This concept was discussed at the panel discussion ‘State as a Platform: people and technology' of the annual Gaidar forum.

In the article the authors validate a comprehensive cross-disciplinary approach to the study of management control systems in corporations with state participation through the planning, operational controlling and risk management. According to the authors, improving the processes of internal corporate governance will allow to minimize transaction costs and risks in the activities of corporations with state participation and enhance its positive impact on economic growth. The purpose of the corporate governance system is to provide shareholders with the opportunity to effectively control and audit the management and thereby contribute to the growth of the company's capitalization. It is proved that such a system involves the formation of targets (control indicators), missions, strategies, and controlling, in turn, identifies deviations, offers various measures to eliminate problematic and critical situations. Risk management is the result of controlling activities that reduce the loss of corporate resources. The main work in the field of risk management is to identify and further assess those or other factors, determining such business strategies that allow companies to acquire new competitive advantages. Risk-based management is reflected in the strategic plan of the corporation and is implemented on the basis of the correction of deviations identified in the process of controlling and the assessment of risk factors.

The article is devoted to the issues of increasing inclusiveness in making state decisions through the further development of democratic principles in the management and use of information technologies. The authors consider theoretical approaches to e-participation and the problems that are associated with it in the context of the digital divide. The mechanisms of public participation in government are given on the example of the Republic of Belarus. In modern public administration, inclusiveness in decision-making plays a prominent role. Its importance grows with the development of information technology. However, it remains unclear to what extent e-participation relates to existing mechanisms for involving people in public affairs. In this article, we consider the features of e-participation and the impact of this form of interaction between the state and society on the management decision-making process. It is necessary to compare the phenomenon under study with the existing mechanisms of public participation in management on the example of the Republic of Belarus and to develop recommendations for improving the legal conditions for the use of information technologies in the context of interaction with the public.

The article analyzes the features of the motivation of managers of public administration (including civil servants and managers of the social sphere), identifies the differences between motivation, understood as satisfaction with labor factors, and motivation as an incentive to effective activity. In most of the available studies the difference between satisfaction and labor motivation is not conducted, and the authors consider the issues of increasing the satisfaction of civil servants with labor, or specific features of motivation of civil servants in comparison with other categories of workers. Based on the results of the questionnaire survey of 775 managers of the public administration sphere, the presented materials analyze in detail the factors influencing satisfaction and, separately - motivation for effective activity, consider the mechanisms of motivation management, including the use of appropriate incentives. Тo build an effective motivation management system, it is not so much the incentives themselves that are important as the conditions for their use, which is also considered in the presented article. This allows conclusions to be drawn about the level of effectiveness of the current incentive system, both in relation to managers, civil servants, and their colleagues who are in charge of government or social organizations (health, education, and culture).

The article is devoted to the issues of modeling individual tracking of career of employees using the technology of automated assessment of the compliance of competences with qualification requirements caused by the digitization of the public administration system. The aim of the work is to develop a civil servant tracking model taking into account the requirements for length of service and the level of development of key competencies. Competence-based approach to the formation of a personnel management system allows to formulate the basic principles, methods and models of individual tracking of the career of public servants. The authors give its description in accordance with official regulations, the regulatory legal framework in the personnel management system, the general trends of digitization of the civil service. The article presents the results of empirical research, reflecting the problems of legal and methodological nature, justifying the need to develop universal models of career tracking, starting with the Junior positions.

The article presents the results of the analysis of significant changes in the legislation and infrastructure of the judiciary, provides an overview in the context of the organization of judicial activity. The author comes to the conclusion that the problem of ensuring the unity of the application and interpretation of civil and administrative law by the courts has been transferred from the highest authority to the lower ones, especially to the level of appeal in cassation. The absence of generally accepted scientific views on the ontological characteristics of the judicial power of the Russian Federation is the cause of spontaneous lawmaking, only partly aimed at solving problems. The judgment is compared with the rule of law in the context of changes in the judicial system that have already occurred. Lawmaking in this area is the interpretation of the law by each judge (each instance), and justice is the final stage of the application of law. The paper concludes that a key common feature of a court decision and rule of law is to introduce certainty in public relations. The author also cites an analogy between the security functions of the state with regard to court decisions and control over the observance of legality (regarding the possibility of using state coercion). The article offers the author’s view on the principle of the division of functions of state power, based on the practice of justice in the Russian Federation, as well as on the general principles of equality and rectitude for law and justice.

The article analyzes the indicators used in the documents of territorial planning and city planning design standards. The authors consider the methodical aspects of accounting for key indicators laid down in sectoral and regional strategies and standards, as well as examples of evaluation of formulations for indicators of educational institutions development used in strategic planning documents, the use of the terms ‘accessibility' and ‘pedestrian and transport accessibility'. Standards of pedestrian and transport accessibility for areas with different population density require justification and clarification. Availability of pre-school education is one of the most important tasks associated with ensuring the comfort of the population. With a high population density, it is advisable to place several typical buildings with high capacity. If they are combined on one or two adjacent land plots, it is possible to reduce the normalized area, which is significant for high-density construction. Maximum pedestrian and transport accessibility limits need to be justified on the basis of population density. The increase in the radius of accessibility of more than 5 km is justified only by economic reasons, including the process of delivery of preschool children.

The article analyzes the current problems of the organization and functioning of special economic zones in the Russian Federation at the present stage. The author points out that the simplification of entry barriers for investors/residents of special economic zones of Russia, meeting modern challenges, will not only ensure the implementation of the country’s tasks, but also will have a significant impact on the competitiveness of the state itself. This thesis has repeatedly been the subject of numerous publications, which means that society and modern science understand the need for the effective functioning of special economic zones in the Russian Federation. The novelty of the approach demonstrated by the author is determined by the analysis of the national system of organization and functioning of special economic zones in comparison with the leader in this field - the special economic zones of the United Arab Emirates. The analysis reveals the current problems of the organization and functioning of special economic zones of the Russian Federation, it is noted that the Government of the Russian Federation first of all needs to determine the extent of the need for the existence and development of special economic zones for the Russian economy. The author concludes that in the context of the development of the world economy it is necessary to develop special economic zones in the Russian Federation in order to attract capital, create jobs, and ensure stable economic growth. To this end, it is proposed to simplify the procedure of registration of residents of special economic zones, reduce the minimum amount of investment to start a business, expand the list of types of business activities that can be the object of investment, which, in turn, will adequately respond to numerous modern challenges and will contribute to the sustainable development of the Russian economy.

Offset obligations of the exporter are a foreign trade restriction in fact for him. Nevertheless, in view of the specifics of markets where offset agreements are applied, and because offset obligations may include extensive foreign economic responsibilities than regular trade, offset deals can be seen as an instrument of international trade policy which has a positive effect for both importers and exporters. The subjects of research in this article are the possibilities and limitations of the application of offset agreements as an instrument of international trade policy. The purpose of this article is to investigate the economic nature of offset agreements and to determine the potential of offset agreements for Russia in terms of the effectiveness of this international trade mechanism in the direction of increasing the competitiveness of the Russian economy in world markets. The main methodological study in this article is the scientific work of Russian and foreign scientists, Russian and international legal acts related to the possibilities of applying offset agreements, as well as studies of specialized international organizations. In modern conditions, international trade is acquiring new, deeper forms, since in some areas, especially those accompanied by accelerated innovative development, buyers are striving to take part in the production and development of new high-tech products themselves, thus gaining access to new technologies and foreign investments.

The weak effectiveness of international institutions in resolving conflicts, the instability of international partnerships in the face of increasing international opposition for markets, natural resources, human resources, and territories have placed the issue of confidence at the head of almost all areas of international cooperation, updating the search for mechanisms to form and strengthen the trust. Trust in international cooperation has become an independent object of influence and regulation. Most modern studies of trust in the context of the development of cross-border processes and integrations have the character of describing the problem, without attempting its extensive political and sociological analysis. The creation of the cross-border trust space itself was one of the effects of globalization and the development of cross-border partnerships as well as the emergence of cross-border actors influencing on international collaboration. A set of legal, organizational and technical conditions agreed upon by member states to ensure trust in the interstate exchange of data and electronic documents between authorized bodies is defined as the cross-border trust space. At the same time, the problem is much broader and deeper, since the institutionalization of trust in the cross-border space implies that the actors of cooperation will follow the institutions adopted by the participants of the partnership. This article is the result of the author’s comprehension and research into the phenomenon of the institutionalization of trust in a cross-border space.

The article reveals the origin and genealogy of the concept of ‘acquis communautaire’ and the content of the ‘legal heritage of the European Union’, shows the dynamic nature of its scope and content depending on the objectives of EU policy, notes the phenomenon of ‘acquis communautaire’ as an instrument of EU internal and external policy. The author proposes to consider this phenomenon from the very beginnings of European integration, from the birth and transformation of the concept of ‘standards of civilization’ to its modern content. The concept of ‘acquis communautaire’ symbolizes all the legal and political achievements of Europe in the entire history of its existence. The legal and political standards embodied by the ‘acquis communautaire’ largely replaced the older and visceral formulation of ‘standards of civilization’. Nevertheless, in science and practice of the law of the European Union there has not yet been formed a unified approach to understanding the scope and content of the ‘acquis communautaire’. The author comes to the conclusion that the ‘acquis communautaire’ is not so much a legal category as a complex and interdisciplinary concept, including the EU primary and secondary law, ‘soft’ law, as well as ‘non-normative’ sources. ‘Acquis communautaire’ reflects the dynamic nature of the legal order of the European Union; it is a constantly evolving concept that affects the legal, political, social and historical sphere. At the same time, the universal nature of the ‘acquis communautaire’ makes it necessary to clarify the content of each of its elements in each specific case of application of this concept. Thus, in the domestic field of application of the ‘acquis communautaire’ by the institutions of the European Union, the main goal is to develop the EU based on its political, legal, economic and cultural heritage. In the external field of application, the goal is to ‘promote’ the values and principles of the European Union beyond its limits, to maximize the preparation of candidate countries to join the EU and to adapt advanced achievements of economic, political and legal cooperation by third countries. The author is of the opinion that the ‘acquis communautaire’ changes the scope of its activities in accordance with the objectives of its application.

This article intends to provide insight into the atmosphere of tension and the heightened emotions in the United States following the election of President Donald J. Trump in 2016. It offers a psychological and emotional perspective. First, the historical context is presented. The article creates a concise framework for American history, American cultural history, and American identity. It introduces the nation’s founding legal and political documents and Victorian English roots, as well as the character of the events that led up to the American Revolution. Key events and movements in the development of America are then discussed as well. Within this context, the events and cultural phenomena of the last 60 years in the United States are explored with greater detail, beginning with the counter-culture movement of the 1960s. The article illuminates what it has felt like to live in America as a black, LGBT, native, female, immigrant, and wealthy, well-educated, WASP male American, and what it feels like in 2016-2018. The American two-party political system and the dynamic chaos of the many voices within America are observed in this climate. US domestic and foreign policy are examined from this emotion-based perspective as well, and all are woven into the larger global landscape of globalization, the increased speed of communication, and changing demographics. Finally, the article draws upon conversations, movements, and the current atmosphere in America during the fall of 2018 as a potential window into how the United States may be going forward culturally. This article is neither endorsed by nor solicited by a political party. The perspectives it presents are solely the author’s.

The article describes the state of development of the service ‘Social Taxi' in Russia based on the results of a comprehensive analysis in each of the 85 of subjects of the Russian Federation. The main task of the service is to provide motor transport services to the disabled people, other groups of people with limited mobility to socially important facilities (medical organizations, educational institutions, administrative services, etc.) without exterior help. The paper confirms the relevance of the topic due to the insufficient knowledge of the problem of implementation and development of the ‘Social Taxi' service in the constituent entities of the Russian Federation, as well as the lack of research on the quality of service provision throughout the country. With the help of Pareto-analysis, the authors identified key factors, in connection with which measures are proposed to dynamically influence the positive results of the work of the service. The importance of each of the selected key factors was confirmed through a KPI (key performance indicators) system.

The development of the system of legal education and training of the highly skilled legal personnel is not possible without constitutionally guaranteed academic freedoms of a teacher. Only a Teacher with the freedom of teaching, the freedom of scientific creativity and the freedom to improve his/her skills, is able to provide training in the necessary professional skills and instill a true legal worldview. However, in the conditions of permanent reforming of the higher education system, including of the higher legal one, exercising these freedoms is extremely difficult. The majority of the academic freedoms tend to obtain a declarative character in their development, and this most adversely affects the quality of the graduates of the legal higher educational establishments. The purpose of the article is investigating the reasons for such a situation, and analysing the problems of academic freedoms exercising by a lawyer-teacher. The conclusion was made that the bureaucratization and managerization of the higher legal education cancels out the declared academic freedoms; they are aimed at formalizing and imitating both the teaching and the scientific activities. The question was raised about the necessity to separate out the teacher’s right for a professional dignity and for keeping a reasonable distance from both the student and the administration of the higher educational establishment. The emphasis was given to the problem of observing the ethic rules of behaviour in the educational process which is one of the conditions for the teacher’s academic freedoms exercising.

The religious system is considered in the work as an element of a more complex structure: socio-political (public) and political-legal (state). The authors identify the features of these systems and determine the principles of their interaction, contradictions and set tasks to ensure the revision of industry thesaurus and rethink the conceptual and categorical apparatus. It is necessary to identify the conceptual certainty of the religious sphere of civil-political relations in the interests of national security, taking into account the threats of internal order. Against the background of global and regional challenges, the potential of sectoral approaches to the definition of religion is characterized. The article proposes a new approach in which religion is defined as alienation. It is described as a complex, multifunctional object: a model of being with world order invariants. This is a world order, the principle of which corresponds to the type of ontology and explicates in social functions and axiology. Worldview system (ideological system having level specification) with the invariants of causal relations (praxeology). Taking into account the peculiarities of the phenomenon of ‘alienation’ as a fundamental function (to discover, to ensure the manifestation of universals and categories, the basic of which are the following binomials: ‘being-nothing’, ‘sacred-profane’, ‘spiritual-thing’, ‘ideal-material’, ‘God/absolute-man’, ‘transcendent-transcendental/immanent’, ‘power-right/duty’, ‘single/whole-concrete/individual’, ‘general - private’, etc.), the authors draw attention to the similarities between religion and power in the sense that it is the phenomenon of ‘alienation’ that determines the processes of sacralization, clericalization of power, the religization of politics and ideologization, the politicization of religion.