Vol. 24 No. 3 (2022)

To date, the bureaucracy as a structural element of the state and as a large social group has been studied mainly in statics. Traditionally, the subject of consideration is the place of officialdom in the political system, its ability to be an effective instrument of social management, to represent an almost ideal hierarchical organizational system, and, at the same time, its tendency to form and carry out clan interests. The complexity and contradictory nature of this phenomenon, along with the ambiguity of assessments assigned to it by various theoretical and ideological aspects, do not take into account the ability of bureaucracy to transform and significantly change its functional characteristics within relatively short historical period. Indirect signs of such changes can be found in the history of states and public service. These changes cannot always be interpreted as progress or movement toward more advanced forms. On the contrary, the administrative apparatus of the state sometimes regresses, becomes costly, inefficient, and a burden on both the state and the society. At the same time, the state’s legal system and political order do not undergo notable changes. The goal of the study is to identify the principles and mechanisms of bureaucratic organization change, including the «life cycle» model, to assess the possibility of identifying patterns of such change. The methodology of the study is the analysis of sources on the theory of bureaucracy, as well as a comparison with empirical data from the history of state-building in Russia and abroad. As a result of the research, certain shortcomings of the concept of the «life cycle of bureaucracy», proposed by E. Downs, were revealed, and methods for identifying internal and external prerequisites and patterns of change in bureaucratic structures were outlined.

The article examines the process of providing state and municipal services during the spread of new coronavirus infections. The author describes the stages of legal acts regulating the provision of state and municipal services (obtaining a driver’s license, the validity of expired documents), new services (monthly payments to families with children, additional benefits for child support, monthly payments of child support, payments to doctors, registering benefits for loss of employment), and mechanisms for their implementation, including the development of the public services portal (“Gosuslugi”). The article outlines promising areas for improvement in the current field. These include developing the digital potential in providing state and municipal services by minimizing in-person visits to the multi-functional centers and reducing the bureaucratization of specific processes. Modernizing current legislation, focusing on expanding opportunities for citizens to exercise their social rights. Developing alternative mechanisms to provide state and municipal services (courier delivery for documents, mobile service centers, remote provision of services via video communication in addition to modern means of visual identification). Optimizing multi-functional centers and increasing the range of tasks and services by improving the quality of work and reducing the time required to process applications. Creating universal and secure interdepartmental Data Bank. Creating nationwide system for monitoring state and municipal services.

This article considers the issues of abuse of rights and inadmissibility of violation of rights and freedoms of others in realizing the right of citizens to appeal. The author notes that citizens' appeals play a significant role in developing the rule of law. In addition, the author points out the category of state civil and municipal employees. The paper draws attention to the difference in concepts used in the legislation and the fact that there are a variety of regulations for working with anonymous appeals in different state bodies. The study analyzes judicial practice and regulations, identifies legal gaps and initiatives in the form of legal law at the level of federal legislation, and formulates specific proposals for changes in federal law. The author proposes to conduct electronic identification of the citizens' appeals, which will reduce the number of anonymous complaints and claims from fictitious persons. The analysis considers only cases of abuse of the rights of dishonest applicants, and by citizens'appeals, the author means the applications of citizens, associations of citizens, including legal entities. At the same time, the author emphasizes that the vast majority of applicants are honest citizens. The paper was prepared based on the general scientific dialectical method. The author used specific methods to prepare the publication: system-structural, formal-legal, logical and comparative-legal.

The article analyzes the issues related to implementing and protecting the rights to land plots in public ownership, as well as individuals and legal entities who own buildings and structures placed on these plots. The procedure for acquiring publicly owned land plots by owners of buildings and structures placed on them, stipulated by Art. 36 of the Land Code of the Russian Federation, was the basis for a new norm that significantly expanded the legal mechanisms and foundations for repurchasing land plots through privatization. However, in Russian judicial and arbitration practice, there is still a considerable number of cases involving disputes related to the protection of the rights to land plots of individuals and legal entities. In addition, considering the functional purpose of the territory, many complex issues arise regarding the size of the claimed area of the plot on which the structure is built. The legal problem associated with preserving the lease of a land plot in the case of destruction of an object placed on it, as well as the right to conclude a new lease agreement without tenders, also requires an immediate legislative resolution. The procedure for actions in the case of destruction of real estate, when the lease agreement for a land plot concluded by the owner of the destroyed building contains conditions that exclude the right to sign a new contract, has not been defined.

The article analyzes the legal status of self-regulatory organizations (SRO) in the sphere of engineering surveys, architectural and construction design, construction, reconstruction, capital repair, and demolition of capital construction objects. The author describes the order of their creation and activities, examines the place and role of the National Association of self-regulatory organizations in the system of control over all stages of construction, and summarizes the process of forming the regulatory and legal framework. The author pays particular attention to the issues of compensation paid by the self-regulatory organization for the harm caused by its members, as well as the problem of creating and functioning of compensation funds. One of the most significant areas of SRO activity is the work aimed at increasing the effectiveness of applying responsibility measures to members of the organization. These include the level and efficiency of control over fulfillment by its members of their obligations under contracts and strengthening of supervision over the SRO activities both legally and practically. Currently, legislation of the Russian Federation regulates the legal status and main activities of SROs. The author notes that the main obstacles lie in applying these norms in practice. The article aims to draw attention to these complications through the comprehensive analysis of the legal norms, the bylaws, and the order of their entry into force.

The article considers the specifics of border regions since these territories require attention not only in the framework of regional but also foreign economic policy. Existing inter-regional inequality results in the fact that the border regions of the Russian Federation differ significantly in terms of both the level of economic development and the degree of impact on regional economies. The article presents the author's methodology for assessing the index of the border position of the regions of the Russian Federation and ranking the areas by their border position. The basis of the methodology is the works of Russian and foreign researchers on the regional economy, economic-statistical methods, geoinformation, and cartographic methods. The author has ranked the regions according to the obtained assessments. The analysis shows the need to form a conceptual approach to the study of border regions, considering them from the perspective of mutual conditionality of the border region of a given country, the shared state border, and the possibilities of cross-border interaction, based on the features of economic development of the border region of the neighboring state. The study results can be used to improve the general approaches to implementing regional policy concerning the border regions of the Russian Federation. The proposed methodology will increase the efficiency of econometric estimates for studying various relationships and factors describing the economies of border regions.

The article considers a methodology which allows us to obtain the final assessment of the efficiency level and the dynamics of changes in the parameters that characterize the efficiency of the safety system functioning (value direction outlined in the development paradigm of the State Corporation “Rosatom”, Russian state holding uniting more than 360 enterprises of the nuclear industry, which directly initiated the creation of the methodology). The study uses the decomposition principle of the global goal with its division into separate specific tasks. The study and evaluation of the effectiveness of the safety systems, efficiency of industrial, environmental safety, labor protection, and the capability for its sustainable development are carried out by functional subsystems and objects of evaluation using traditional and integral indicators. Evaluation methodology using particular criterial boundaries of effectiveness from ambitious to low effectiveness, as well as with the assignment of parameters of significance involves the inclusion in each evaluation unit both traditional and integral authors' indicators when the complexity is determined by the research subject and the described process in its formation and development. This methodology allows us to obtain a final assessment of the effectiveness level and dynamics of change in the value area “The efficiency of the security system”. The versatility of this methodology allows it to be used for both large corporations and small enterprises on a reduced set of indicators.

The article presents the results of analyzing the characteristics of the basic mechanisms and principles of lending in Russian commercial banks. The study highlights the fact that understanding the practical principles and mechanisms of lending can allow us to identify activities aimed at ensuring the effective operation of credit institutions in loan financing. The paper considers the basic principles of lending in commercial banks of the Russian Federation. The author analyzes the role of each principle in ensuring the effectiveness of banking organizations in terms of lending to the population and businesses. The article considers the main mechanisms of organizing the lending process in Russian commercial banks. The amount of interest on loans depends on many factors. However, the main indicator is the level of the discount refinancing rate set by the Bank of Russia. Therefore, the country’s commercial banks refer to these indicators to set their interest rates for lending. The lower the loan interest rate, the more financially stable the monetary market conditions. If there are negative trends or lending risks, the level of interest rate increases while respecting the principal payment. Compliance with the principles and mechanisms of lending provides financial stability for commercial banks in the monetary and credit market.

The article analyzes conditions for implementing the digital economy strategy during the pandemic. The author considers the importance of networking platforms and digital databases for developing corporate businesses. The article provides statistics on lobbying business interests of digital corporations in the USA and the EU, the growth of digital corporations’ profits during the pandemic, and the number and distribution of researchers in the field of artificial intelligence. The article generalizes the importance of digitalization for all sectors of the economy and the social sphere. If we want to study digitalization strategies, it is necessary not only to form priorities and strategic goal-setting but also to provide resources for the selected priorities and directions of implementing digital technologies, as evidenced by the practice of public administration. The author notes that Big Data is of particular importance. The aggregation of these information datasets forms new lines of business and influences managerial decisions both in the corporate and private sectors of the economy and in the public administration system itself. The study demonstrates the process of monopolization of the digital services market. The largest corporations in digitalization and info-communication services are formed in the US and Chinese economies. These tendencies might have significant impact on public policy and the system of public service provision. The author concludes on the strategic importance of information and networking platforms in the modern digital economy and the strategic importance of startups and artificial intelligence.

The article analyzes the current legal regulation of relations regarding forming and using candidate pool in public institutions to fill civil service positions. The author finds that, in general, the rules and norms aimed at selecting candidates (both civil servants and citizens) for including in the personnel reserve are consistent and ensure the goal - selecting the most qualified employees with appropriate professional and personal qualities for the civil service applicants. At the same time, the legislator’s requirement for the effective use of the personnel reserve potential remains merely a suggestion. The current approach, which provides the employer with an independent choice of how to fill a vacant position, the appointment of a person from the candidate pool, or the announcement of a competition to fill a vacancy, does not provide full disclosure for the possibilities of this personnel policy instrument in public institutions. The author proposes measures to improve the quality of selection mechanism for the candidate pool and placement of personnel in a public institution. These include: selecting candidates from the candidate pool when there is a vacant position in a public institution; holding a competitive procedure to select candidates from the candidate pool if there are several suitable applicants for a vacant position; at least once a year, reviewing the candidate pool and holding a competition for including new applicants to ensure that citizens have equal access to public service and that civil servants have the right to promotion.

The article considers issues connected with defining the legal status of persons receiving insurance payments in case of death of persons insured under the contract of compulsory state insurance described in the Federal Law No. 52-FZ. The peculiarities of this type of insurance payments arise because the beneficiary is not defined in advance and will be determined from a list of persons named in paragraph 3 of Art. 2 of Federal Law No. 52-FZ when the insured event occurs. Comparing the list of persons described in Federal Law No. 52-FZ with the list of heirs provided for in Art. 1142-1148 of the Civil Code of the Russian Federation leads the author toward the idea of its progressive nature; in particular, including the stepfather and stepmother of a deceased public servant in the list of beneficiaries reflects the general trend towards humanization of the current civil legislation. The article demonstrates that the list of beneficiaries enshrined in Federal Law No. 52-FZ includes the persons closest to the great majority of citizens. According to the author, the inclusion of these persons in the category of «beneficiaries» used in various civil institutions does not correspond to the essence of the legal structure under consideration. These legal relations provide for insurance payments in case of death of military personnel, regular and superior staff of internal affairs bodies, and other persons who performed their duty. For this reason, insurance payments cannot be considered an acquired benefit. In this regard, the author proposes to amend Federal Law No. 52-FZ and instead of using the current term «the beneficiaries», define the new term - «persons entitled to receive insurance payments».

Energy exports play a significant role in the Russian economy, namely, in the country’s modernization. As for energy resources, the Arctic region ranks first in Russia’s unused fuel reserves. These energy reserves are critical to maintaining production levels as fuel production from conventional fields declines. Western technologies for exploiting these resources have not been available to the Russian energy sector since 2014, but Russia is increasing import substitution and establishing partnerships with Asian countries. Another area where Russia is looking for partners for Arctic energy development is investments. For India, the Arctic region is also of significant interest in the areas of environmental protection, economics, and politics. Climate change in the Arctic is devastating the entire planet, and the rise in sea level caused by melting glaciers threatens to flood parts of India. India’s rapid industrial development leads to a growing demand for raw materials, primarily hydrocarbons. In recent years, Indian authorities have seen a significant increase in investments in the regional economy by Indian energy companies since the Arctic region can become a strategically important factor in India’s energy security. The country is actively involved in addressing global issues, including those related to the Arctic.

Limited natural resources, internal socio-economic and political crises, and the low level of infrastructure development, especially in the first years after gaining sovereignty, have affected the trade, transport, and logistics vulnerability of Central Asian countries. Trade between the People’s Republic of China and European countries became a determining factor in developing the region’s transport routes. More than 90 % of freight is delivered by sea, but the role of land routes has increased significantly since 2020. China faces the pressing issues of developing the economies of its western provinces, especially the Xinjiang Uygur Autonomous Region. The development of land routes coincides with the implementation of the strategic objectives for the Silk Road Economic Belt, as well as the interests of the countries whose territories these transport routes run through. The countries of the Central Asian region are striving to participate in transit and have been very active at interstate meetings, discussing cargo delivery options. This issue became especially relevant after the sharp decline in China’s use of transit through the territory of the Russian Federation. Of many proposed transport routes and corridors, the most promising are the Trans-Afghan Railway and the “Middle Corridor”. The successful construction of the transport and logistics will largely depend on developing relationships with Afghanistan’s political leadership and the PRC’s attention to infrastructure projects.

The article examines the formation of the statehood in independent Georgia. The authors study the history of the formation of the Georgian state over the past 30 years, noting both objective factors that hinder rapid economic development and recovery, as well as the obvious mistakes of the country’s authorities. One of the most crucial Georgia’s problems is still the demographic problem, the economic recession after the collapse of the Soviet Union was one of the deepest, the geographical conditions of the country force the government to invest much to infrastructure, and in the field of foreign trade, Georgia has a significant negative balance. Despite the listed difficulties, after the 2008-2009 crisis, the country showed positive economic dynamics and recovery rates. The authors emphasize that the quality of public administration in Georgia is much better than in many other post-Soviet countries; they associate this with the ongoing reforms and close cooperation with the European Union. After 2012, a special work was carried out to create a system of professional and politically neutral civil service together with a reform to reorganize local self-government, which allowed the citizens of the country to have greater influence over local government policies. The authors conclude that the progress in the field of state institutions, against the background of unfavorable economic conditions, deserves a particular study.