Vol. 22 No. 3 (2020)

The article is based on the author's presentation at the Gaidar Forum - 2020 titled ‘From Total Supervision to Smart Control: Issues of Methodology, Theory, and Practice' in the framework of the expert discussion ‘How Regulatory Enforcement Has Changed: Citizen Perspective'. The author's position is presented in support of the need for a consistent distinction between control and supervision, including in terms of evaluating their effectiveness, which is currently carried out virtually syncretically in relation to the control and supervision activities of the state. The article formulates the methodological and theoretical model for differentiating control and supervision, its dynamics based on the potential of digital technologies. Based on the results of analytical reports of both state structures and the expert community, the author concludes that it is necessary to adjust the regulatory framework of control and supervisory activities with a mandatory value reorientation of control and supervisory authorities from punitive ideology to the protection and maintenance of the interests of citizens and businesses. It is noted that the synergetic effect at the next stage of development of control and supervisory activities can be provided by a combination of technological and legal approaches and the ‘intersection' of law-making and law enforcement. Expanding digitalization will allow smart control to replace comprehensive supervision, which will provide a more effective management and control system. According to the author, the practice of total, mandatory, continuous supervision will finally become a thing of the past. The basis of the new control will be a special digital platform - a reducer of interaction between a consumer and a manufacturer using artificial intelligence that manages smart contracts.

Taking practical responsible decisions in the field of social and industrial management in the context of rapid development of digital technologies in the era of the knowledge economy is impossible without reliance on expertise. A kind of organization of activities for the production of ‘predictions’ is required, when not only an accurate assessment of the impact of certain factors and their possible interactions with each other is given, but also as a result of creative construction of scenarios for the development of processes and events, an understanding comes which factors need to be taken into account. At the same time, the expertise constantly faces criticism, calling the conclusions of experts arbitrary, unreliable and subjective. Often, expertise is confused with monitoring, evaluation, diagnosis, inspection or counseling. The authors of the article carried out a structural analysis of the content of the expertise processes in the project management vector in the digitalization era and came to the conclusion that the effectiveness of the expertise is significantly increased in case of clear regulation of this type of activity, providing the necessary status.

An important factor in the development of small and medium-sized businesses is consulting support that helps to attract investment. According to studies, investment advice prefers to follow a large business, while highly relevant issues of interaction between investors and small and medium-sized business project initiators often remain out of sight. The article reviews and analyzes the best practices for holding mini-forums aimed at creating sustainable links between project initiators in need of investment and private investors willing to invest in highly efficient business projects. This kind of interaction format increases the productivity of consulting activities in the field of helping small and medium-sized business project initiators in finding investments. Holding domestic mini-forums today is concentrated in the framework of the ‘Business Angels of Russia' Community. Within the framework of mini-forums, investors can get detailed information about several projects at once, and project initiators find their investor faster and easier. Consultants, in turn, expand the range of potential clients. In general, the practice of holding mini-forums contributes to the activation of potential and existing investors and the development of small and medium-sized businesses in Russia.

The article analyzes the role of biographical predictors of individual psychological characteristics that are included in the ‘Big Five’ of personal qualities. The analysis of the relationship of answers to psychobiographical questions included in the questionnaire of management potential (Y.V. Sinyagin, 2014) with the results of the ‘Big Five’ model is presented. The necessity of studying personality traits conducive to successful activities is substantiated. On the basis of empirical research, predictors of managerial success are characterized. Arguments are given for including data containing biographical information in methods of psychological analysis of a person. The authors show that the obtained empirical data can find their practical application in several areas. First of all, it is their direct use during interviews and interviews with leaders.

The relevance of the study regarding the peculiarities of the attitude to danger of law enforcement officers is due to the need to create a complex of protection for law enforcement officials, which is an integral part of regulating public order and maintaining public safety, including preserving the identity of the employee himself. The author reveals the relationship between the degree of professional victimization and the level of sensitivity to threats among law enforcement officials. The peculiarities of the relationship between professional victimization and the attitude to danger of law enforcement officers with a tendency to risk and direction of aggression were studied: self-aggression and aggression towards people. Professional victimization is considered as a psychologically negative professional and personal formation, which creates the threat of accidents, injuries or death of an employee during actions in criminally dangerous and other critical situations. Victim mental states (anxiety, fear, stress) and victim qualities (high achievement motivation, exaggerated employee self-esteem, impulsiveness, arrogance, aggression) determine the structure of professional victimization, which creates a tendency to the unjustified risk. The practical application and use of knowledge in this field by psychologists of law enforcement agencies will prevent possible accidents among law enforcement officers.

The article considers the international legal regime of immunities and privileges of amicus curiae prosecutors of international criminal courts which are intended to ensure independent and unhindered performance of their functions in prosecuting crimes against the administration of justice. Due to the lack of doctrinal research in this field, whether in the domestic or foreign science of international law, the study is characterized by scientific novelty. Its empirical basis is constituted of the provisions of international treaties governing the immunities and privileges of staff of the ad hoc international criminal tribunals and the International Criminal Court. It is noted that today the state of international legal regulation of immunities and privileges of amicus curiae prosecutors is not quite satisfactory as it contains significant gaps. Two possible approaches to determining the scope of the immunities and privileges of amicus curiae prosecutors are identified: the first based on their status and the second - on the functions they perform. Their critical analysis leads to the conclusion that the functional approach is more in line with the principle of equality of arms in international criminal proceedings. As a result of its application, the scope of the immunities and privileges of amicus curiae prosecutors coincides with the scope of the immunities and privileges granted to staff of the Offices of Prosecutors at the international criminal tribunals.

The process of integrating the Chinese initiative ‘One Belt, One Road’ and the EEU development concept has entered a new stage - the transition from project cooperation to systematization. The creation of an inter-regional mechanism for the settlement of commercial disputes is an urgent need to resolve disagreements in the field of trade, as well as an important guarantee of the further development of trade and economic cooperation and coordinated interaction of countries. The article gives recommendations on the creation of a mechanism for the settlement of commercial disputes within the framework of interfacing the construction of the Eurasian Economic Union and the Silk Road Economic Belt.

The subject of this article is the administrative and legal status of the Judicial Department under the Supreme Court of the Russian Federation. A critical analysis of some provisions of the Federal law ‘On the Judicial Department’, which are not quite successful, in the author’s opinion, reveals a trend in the development of the legal status of the Department, which does not go beyond the narrowly utilitarian implementation of the functions of financial, material, technical and personnel support for real access to justice. Based on the analysis of scientific and practical literature, normative material, the author reveals a contradiction between the recognized in the literature some uncertainty of legal status, on the one hand, and adequate and effective work that corresponds to the tasks facing the Department, on the other. There are obvious contradictions and gaps in the legal regulation of the Department’s activities that require correction. Thus, the definition of the Department ‘under’ the Supreme Court of the Russian Federation puts it formally and legally, in terms of literal interpretation of the law, in direct administrative subordination. To ensure full independence of the Judicial Department as ‘non-systemic’ beyond the branches of government, public authority proposed to withdraw it from the jurisdiction of the Supreme Court in personnel matters with the appointment of the Head of Department by the decree of the President of Russia on representation of the Council of judges.

The article provides a comparative analysis of state policy in terms of protecting the rights of consumers of insurance services and the results of market research of 30 leading Russian insurers on the issues of informing and explaining the terms of the insurance contract. The main directions of the state policy on consumer protection at the stage of concluding an insurance contract are highlighted and described, which are expressed through informing about the insurer, about the insurer's activities, about the insurance conditions and insurance tariff, and about consumer rights protection mechanisms. Aspects of the positive impact of the new Standard for the Protection of the Rights of Consumers (Recipients) of insurance services on the relationship of insurers and consumers, which are manifested in the specification and expansion of consumer awareness, as well as in the normalization of requirements for a place and an employee selling insurance services, are highlighted. The authors reviewed and explained the results of their own market research on the situation in terms of informing consumers and explaining the terms of insurance contracts.

The editorial board begins a series of publications devoted to the evolution of the systems of public administration of the countries formed after the collapse of the USSR in 1991.

The article examines the processes of state construction, formation and development of government institutions, the system of state and local government through the prism of the features of the historical, socio-economic and cultural development of the Republic of Belarus. The authors noted the ongoing systematic measures to improve and de-bureaucratize state bodies, as well as the creation of a mechanism for organizational regulation of e-government. The Republic traditionally occupies high positions in international rankings on the e-government development Index (EGDI), which is compiled by the UN Department of economic and social development and characterizes the state of information and communication technology infrastructure, human capital and public services provided online. Programs to ensure the implementation of the state personnel policy of the Republic of Belarus were analyzed. The availability of a trained reserve is considered as the most important condition for ensuring the continuity of managerial personnel and improving the efficiency of public administration. Researchers see the creation of a coherent system of continuous professional training in the field of management as one of the key tasks at the present stage. The conceptual and legal basis for professional training and continuing education of senior personnel is formulated in a number of state legislative acts. In particular, in accordance with the state order, the relations related to the implementation of educational activities by the Academy of Public Administration under the President of the Republic of Belarus for training, retraining, internship and advanced training of senior personnel of state bodies and other state organizations, persons included in the reserves of senior personnel and in the prospective personnel reserve are regulated.