Vol. 20 No. 5 (2018)

The article reveals the laws of choice of the model of constitutionalism, which was the basis for the text of the current Constitution of Russia, as well as the features and perspectives of the self-development of this document. Particular emphasis is placed on the historical role in the creation of our Constitution by the outstanding Soviet and Russian jurist S. S. Alekseev. In addition, the article shows why the constitutional model used allowed to restore the destroyed social harmony and became a reliable platform (and at the same time an instrument) for the construction of a new statehood. The Russian Basic Law has a unique architectonics, a balance of ideas, principles and procedures designed so legally that the document was able not only to reconcile conflicting political forces, but also to give a fruitful impulse to the development of the country for decades to come, to act as a management tool for building the future. Thus, the 1993 Constitution provided the state and society with the basis and value tools of building a new Russian statehood.

The article discusses the influence of the ideas of constitutionalism on the material and spiritual culture of Russian society in the context of its historical development. Studying the artifacts of material and spiritual culture, the author notes that the reflection of the ideas of the Constitution in them testifies to the formation of a certain level of legal consciousness in society. The paper raises the question: has the constitutional legal awareness of the Russian society changed after the adoption of the new Constitution in 1993? Is it reflected in modern culture? The author comes to the conclusion that in Russia there is no stable, not brought to life by this or that political doctrine, constitutionalism, which would support itself with the help of cultural mechanisms. Among the fundamental ideas that have influenced the development of our country, as well as most other countries of the world, an important place is occupied by constitutionalism. Despite the fact that the first Russian Constitution appeared more than a hundred years ago, and in December 2018 marks the 25th anniversary of the adoption of the current Constitution, the implementation of the idea of constitutionalism reveals great obstacles. What are they? Artifacts of material and spiritual culture help to answer this question: books, movies, monuments, posters, postage stamps, postcards, songs, etc.

The anniversary of the French Constitution gives timeliness to an attempt to revise the models of organization of state power reflected in it. Taking into account the approaching round date in the history of the Russian Constitution and the opinion shared by many researchers about the similarity of the Basic Laws of the two countries, the analysis of the origins of formation, the conditions of becoming, and the specifics of functioning of the French Constitution is extremely relevant. The paper considers the history of creating the document, the changes that it has undergone since its adoption, the fundamental distinctive features, methods and mechanisms of interaction between the branches of government. The Constitution of the Fifth Republic was adopted at a time of crisis for France. Analyzing the provisions enshrined in the Constitution, the authors come to the conclusion that, despite the difficulties of formation, the model of organization of state power in France has been formed. The complex nature allows it, depending on the political conjuncture, to become either parliamentary or presidential. This ensures the stability and efficiency of the model during periods of coexistence of the authorities and under presidential-parliamentary power.

Ensuring the effective work of public authorities and management is a very important task. The system of the state civil service of the Russian Federation continues to improve from the very beginning of the implementation of the concept of its reform (2001). This requires continuous improvement of the professional level of civil servants, creation of optimal conditions for their activities, balance of personnel processes and relations. The impact of social factors on the effectiveness of the public civil service should also be taken into account. These include: socio-psychological and moral qualities of employees, their professionalism, socio-technological equipment of official activity, motivation and stimulation of personnel, training of specialists in the field of management, their vertical and horizontal rotation, improving organizational and managerial culture, etc. Sociological analysis and monitoring of social factors affecting the efficiency of public administration makes it possible to obtain socially significant and reliable information necessary for public authorities to make a reasonable choice of personnel technologies. The paper deals with the methodology of sociological research on the impact of social factors on the effectiveness of public administration.

The article describes the main scientific results of the sociological research (analysis of official documents) conducted by the author: ‘Component of axiological management of formation of value orientations of young specialists in Public Civil Service, in legal acts of the Russian Federation regulating the Public Civil Service of the Russian Federation'. The research pursued the following goal of outlining the consistency of the axiological component in the legal acts regulating the spiritual field of the Public Civil Service. The Public Civil Service is understood in the article as the unity of the legal and social elements, their harmony, which is supported by the balance of the social in the legal and the legal in the social, and the establishment of links between them not contradicting the nature of each other. The scientific knowledge synthesized by the author can be applied: 1) during formation of a highly moral cadre of the Civil Service; 2) for anti-corruption mechanisms development; 3) in the process of improving the civil servants professional development direction; 4) for clarifying the principles of civil servants on-duty behavior; 5) during the implementation of the main directions for the development of the Civil Service set forth in the Decree of the President of the Russian Federation on August 11, 20 16 № 403 ‘On the Main Directions for the Development of Public Civil Service in the Russian Federation in 2016-2018'.

The article notes the increased influence of the creative industry on GDP growth and economic development. It is emphasized that the post-industrial society needs a new generation of personnel, able to originally solve non-standard problems of modern development. Studies show that in order for an economy to meet the criteria of innovation that can compete on the world stage, the share of labor market participants in the category of ‘knowledge' should be at least 25 percent of the total number of employees. Naturally, such personnel should be trained, and qualification tests should be used to assess their qualifications. The authors present the analysis of the competitive movement and the experience of the organization of the state final certification in the system of secondary vocational education with the use of WorldSkills standards for creative industries on the example of the Moscow State budget professional educational multidisciplinary College named after Krasin L. B. The existing shortcomings and difficulties in the application of standards are noted. Based on the analysis, recommendations have been made that will improve the level of training for the creative industry.

Explicit and implicit knowledge as factors of competitiveness of organizations is considered in the article. It is concluded that in recent years, under the influence of accelerating the exchange of information, implicit knowledge becomes a relatively more significant factor of competitiveness. Among this implicit knowledge are individual skills and competence of teamwork, corporate culture. Competitiveness of an organization means achieving superiority over other organizations, while the results of its activities are better than those of competitors. A distinctive feature of implicit knowledge is that it cannot be transferred on any medium, it cannot be codified, and it is not transmitted in the form of information. It is formed in the process of obtaining personal and collective experience and is shared with the help of relatively long training and education. Its use makes it possible to create long-term sustainable competitive advantages that are difficult and sometimes impossible to transfer to another organization.

This material is a review of the scientific monograph ‘Artificial Intelligence: Legal View' by Morkhat P. M. (M.: Buki Vedi, 2017. 257 p.). The reviewed work is a remarkable collection of information, thoughts, calculations and conclusions, it fully covers emerging issues and problems, negative challenges and positive prospects, opportunities associated with the use of artificial intelligence. The work contains a comprehensive scientific and legal (theoretical, legal, constitutional, legal, international legal, administrative and legal) study of the features, legal nature, scope and limits of applicability of units (systems and devices) of artificial intelligence, as well as their legal regulation of development, production, programming, turnover, application, functioning, self-learning and self-development, cessation of life (destruction) and utilization. In the scientific work of Morkhat P. M. considered conceptual approaches to understanding, interpretation and definition of legal responsibility for the actions of the artificial intelligence unit, describes the features of its application in various areas, taking into account their specifics, the possible risks are shown. The monograph describes the possibilities of ensuring the security and protection of human rights and freedoms in the conditions of application of new technologies and specified units. The author analyzed the main obstacles to the observance of human rights (including privacy, confidentiality of personal information, oblivion in public space, communication with another person). The main approaches to the improvement of legislation in the designated sphere are described.

The purpose of the study is to analyze the practice of calculating the standard costs applied by the subjects of the Russian Federation in the procedure for assessing the regulatory impact. Among the tasks of the work were: to identify problems in the process of calculating costs, to assess the impact of the time factor and the probability of changes in the cost or income of the entrepreneur (in the procedure of assessing the regulatory impact of draft regulations). The author has tested the binomial option model in calculating the standard costs for the assessing the regulatory impact procedure. The conditions necessary for the application of the model were defined. Cost calculation using the binomial option model takes into account the change in value over time, as well as the likelihood of scenarios of growth or reduction of business costs. Such a model can be used to determine both the costs and the incomes of entrepreneurs. The scientific novelty of the publication is to apply it in calculating standard costs as part of the procedure for assessing the regulatory impact of the binomial option model.

Modern economic science recognizes modeling as one of the most effective and universal methods of cognition of processes and phenomena associated with activities to meet the needs of society in material and other goods. At the same time, there are still no unified approaches and notions about the simulated objects and the modeling process itself, which significantly affects the ‘quality' of, in particular, the regional structural policy. Widely used theories based on the decomposition of economic systems, due to the emergence effect, at best provide verification of the parameters of the functioning of individual elements of the system, but not the system as a whole. In the modeling of regional systems, the inadequacy of a scientific campaign is manifested when choosing simulated objects, determining their constituent elements and the mechanisms of interaction between them. Finally, there is no clear understanding of how to incorporate simulation results into practice. Widely applied theories, the main simulated attributes of which are the concepts of equilibrium, behavioral lines, etc., are inclined to build managerial influences based on the comparison of predicted data obtained on the basis of modeling with actual ones. However, each time it turns out that in future periods the initial parameters need to be updated. The simulation results become void.

The three-indicator analysis for a long period of time of the usage efficiency of non-material resources in regions of the Russian Federation is considered in the article. Comparison of territories is presented in various evaluative dimension including the current, average and dynamic estimated parameters. On the basis of the carried-out diagnostics the social and economic systems showing unsatisfactory or, vice-versa the most successful results of development are revealed. The all-Russian trend of development of ‘economy of knowledge' is defined. A three-factor model of regional distribution is presented on the basis of indicators of the efficiency of extraction of intangible resources. The authors consider the spheres of possible practical application of the developed methodology.

The article analyzes and evaluates the tools for increasing the competitiveness of European universities on the basis of the ‘Initiatives of University Excellence (IDEX)' strategies implemented in the course of higher education and science reforms. At the same time, the main question of the research - why, in some countries, the reforms that began in the early 2000s, have been successful and continue to develop successfully, while in others their performance is significantly lower - presents both theoretical and practical interest. Why do some countries, assessing the medium-term and long-term prospects for reforms, continue their policy of increasing the competitiveness of science and university education, promote new ‘excellence initiatives', improving tools, tightening demands and assessing the efficiency of the results achieved, and other countries, with significant resources and efforts, have much more modest results? Our joint research is devoted to these questions and it's related to the evaluation of the efficiency of both the reforms altogether and of each of their tools individually.

The Article is devoted to the recently introduced fundamentally new Moscow international rating of higher education institutions ‘Three missions of the University' (MosIUR). Its creation was initiated by the Russian Union of rectors and is caused by an attempt to eliminate existing distortions in the rating. The author emphasizes that the main components of the assessment of universities - the voices of experts and citation of scientific works of scientists of the University - knowingly determine the preferences for universities in English-speaking countries. This approach significantly reduces the position of Russian universities. In addition, according to the author, such criterion as the influence of the University on the development of society is not considered at all by the authors of the most authoritative and popular ratings. And the quality of education received by its students is not the main indicator of the quality of the university. At the same time, it is in this area that Russian universities have very strong positions - the quality of education in Russian universities remains at one of the highest levels in the world. The rating showed that the most successful universities can be considered, in which the three main components of evaluation are harmoniously combined - educational, scientific and influence on society. The group of criteria ‘University and society' was considered by the authors and creators of the rating for the first time in the world practice of rating universities. According to the author, this will serve as a powerful impetus for research of the mission of the university's influence on society around the world, which can be seen not only as improving the global ratings of universities, but also as the total development of higher education.

In this article, traditional and new tools are being considered, which are increasingly used by China to promote a large-scale integration initiative, Belts and Paths. The authors believe that the internal problems of China's economic development played a significant role in the development of this project. The most important of them for today is the problem of overproduction, manifested as a result of a slowdown in economic growth, and the accumulation share that has been excessively high for decades, leading to overheating of the economy, the emergence of surplus production capacities. The authors consider three possible ways of solving the problem that arose in the Chinese leadership: the closure of enterprises, the transfer of some problems to the state (for example, the unification of unprofitable enterprises into the group), and the development of cooperation with various international partners in the search for new markets. Particular attention is paid to the tools that China successfully tests in the countries of post-Soviet Central Asia to strengthen its positions in the region.

In the article, the types and features of China's Free Economic Zones (FEZ) functioning are investigated as an important tool for implementation of ‘open door' policy. The main types of Chinese FEZ in terms of occurrence time, economic orientation, location, role and position in the country's foreign policy were determined, and the examples of their different types were given. Based on the legal documents analysis confirming the changing management of the FEZ development, as well as on the special scientific economic literature, five stages of the FEZ formation in China were specified. The defining criteria for stages separating were: differences in the objectives and tasks of their functioning in different reforms' implementation periods, stimulation of certain FEZ types and their total number, historical peculiarities of FEZs state regulation. The authors describe the changes in the main economic and administrative mechanisms for the creation of different types of FEZs, coordination of sectoral and territorial priorities in changing the overall strategy of the state's foreign policy. The paper notes that the phased implementation of state measures on the basis of FEZ activities has become productive to attract foreign direct investment, technology and management in certain sectors of the economy and regions.

Modern electronic automation tools for courts, including the ways for court mail and notifying the participants of judicial trial, have been analyzed in this article. The author studied the modern state electronic resources in the field of public services, including the possibility to get the incoming mail in electronic form using Public Services Internet portal. The article investigates the aspects of state expenses optimization to ensure court examination and carrying out administration of justice in civil process by judges. The author argues the necessity for further application of electronic automation tools within the limits of electronic justice, with the purpose of state legal costs optimization. The main areas for the development of electronic justice include: improving the manageability and elevating the organization of the judicial system, information openness and publicity of the judiciary, speeding up the document flow, facilitating access to court. Means of automation, in addition to facilitating the very procedure for submitting applications and participation in litigation for users, allow analyzing data in the most optimal way and creating statistical reports in an automatic mode. The goal of the automation of the legal process is ensuring openness and transparency of justice, creating the necessary conditions for the administration of justice, informatization of the judicial system, and introduction of modern information technologies in the activities of the courts. The use of electronic means of judicial automation will make the judicial process more understandable for citizens and representatives of organizations, the procedure for filing procedural documents - more transparent and thereby contribute to strengthening the authority of the judiciary in the society.

The article is devoted to the distribution of the working time of the teaching staff as a factor that has a direct impact on the quality of training of civil servants. The author notes that the absence of a unified method of calculating the annual academic load allows the management of educational organizations to set its size at the maximum statutorily required level. This makes it difficult for teachers to implement the individual plan in full during working hours. The article presents a new method of calculating the annual workload. New conditions for the realization of higher education put before the teacher the task of self-improvement and enhancement of one's own competence, which can be achieved only with the effective combination of various types of its activities: pedagogical, scientific and research, methodological, etc. If previously the activity of the teacher was evaluated depending on the degree of fulfillment of the pedagogical load, now along with this indicator it is necessary to evaluate a number of other types of work, which make up the total annual load. The current stage of the development of education is associated with a large application of active and interactive forms of education, electronic and distance technologies, oriented towards the individualization of educational activities. The application of the proposed methodology makes it possible to make the working time structure of the teaching staff more balanced.