Deputy Minister of Digital Development, Communications and mass communications RF Maxim Parshin presented the concept of digitalization of public administration for 2018-2024. - "Service state 2.0". The new model of the "Service State" will make it possible to comprehensively solve the life situations of citizens on the basis of automated business processes("super services"), minimize the participation of officials in decision-making on the provision of services, eliminate paper documents both in the process of providing services and between departments. Experts believe that everything described in the concept should have appeared in Russia as a result of the implementation of the state program "Information Society" (2011-2020).
The Deputy Head of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (Ministry of Telecom and Mass Communications) presented the concept of the "Service State" version 2.0. Maxim Parshin said that the main principle of the "Service State" is the absence of physical documents, except for a citizen's identity card. He stressed that citizens will have the opportunity to receive public services in a proactive mode: the state itself will remind you when and what needs to be done, and all Required documents will be requested from the electronic registers of authorities using a single identifier. The Deputy Minister added that the multifunctional center (MFC) will become a moderator in the relations of citizens and legal entities with the authorities.
According to the presented presentation, the "Service State" version 2.0 fits into the federal project "Digital Public Administration" of the national program " Digital Economy RF". For the "Service State 2.0", departmental systems will be finalized, the regulatory framework will be adjusted, new services will appear on the Unified Public Services Portal. The principles of the Service State should be the absence of paper processes and physical documents, a comprehensive solution life situations citizen on the basis of automated business processes (services) and automatic decision-making instead of officials.
The "Service State 2.0 (2018-2024)" considers six areas - "super services", "digital profile", "united front", "single transport", "single data model" and "single platform of services and services".
Thus, within the framework of the first direction, 25 digital super services will be launched in the next three years, including the birth of a child, registration of benefits and benefits, electronic sick leave, OSAGO policy, compulsory medical insurance policy and work book. The second direction involves the development of the Unified Identification and Authentication System (ESIA). This includes digital profile, cloud electronic signature, biometric identification and registry of powers and consents. "United Front" means that all official information and service Internet portals, websites, mobile and Internet applications created and released by the authorities will be merged into one system. The "single transport" direction concerns data and documents related to the facilitation of electronic interaction between departments and legally significant document flow. "Unified data model" implies the creation and development of the National Data Management System (NDMS). This includes, in particular, the introduction of a single management standard life cycle data. The "Single Platform of Services and Services", as planned, will represent a single back-platform of services and services, where, in particular, control over the timing and quality of services will be carried out.
Recall that the previous project - "Service State 1.0" from 2010 to 2018 included four components - "public services", "state portals", "interdepartmental interaction" and "state data". According to the statistics presented in the presentation, 20.7 billion transactions between 16,000 participants in 30,000 information systems took place in the system of interdepartmental interaction (SIEV) in 2018. single portal public services(EPGU) was used by almost 80 million users, 2.1 billion services were received. Currently, more than 1000 authorities are connected to state portals (35 thousand state websites). At the same time, 330 systems remain unconnected so far.
A similar project was already presented by the Center for Strategic Research in April 2018. The document was called "The State as a Platform". The concept is based on the interaction of three groups - citizens, the state and business. So, for citizens, subjectivity in receiving public services and their cost will decrease. For the state, the speed of decision-making and the country's competitiveness in foreign markets will increase. The business will play the role of a data provider for the platform's technological infrastructure.
The success indicators of the development of the CSR platform, as well as those of the "Service State", are the reduction in the cost of operations in the public administration system, the increase in the speed of the provision of public services, user satisfaction and the absence of traditional "paper" services. As a result, it was supposed to reduce the number of civil servants with a corresponding reduction in the cost of the wage fund.
The leading analyst of the Russian Association for Electronic Communications (RAEC) Karen Kazaryan sees the main problem of the presented concept of "Service State 2.0" in that everything described in the presentation should have appeared in Russia as a result of the state program "Information Society" (2011-2020). "This is not a model of the future, this is a model of how we can catch up with the OECD countries," he states. Karen Kazaryan believes that, in contrast to the model shown by the Ministry of Communications and Mass Media, the CSR project is "still about looking at the future", albeit with a certain intersection of the two documents.
The Russian theory of public services is still underdeveloped. The reason for this is deep and connected with the understanding of the state itself. In Europe, its activities are limited to the provision of public services.
Thus, the traditional French doctrine recognizes the emergence of the state from the social contract. It legitimately carries out its activities through public services that express the general interest (provides public services). That is, the state is a provider of public services.
Moreover, in the extreme version of this theory, everything that comes from the state is called services: legal proceedings, public services, education. Some of them are paid, others are free, and others are supported by government subsidies. The broadest definition of public services (service public), given in French legal science, is their understanding as an activity in the general interest, carried out or provided public face, and governed (at least in part) by public law. It is the concept of public services that is one of the elements that make it possible to determine the scope of administrative law.
Similar to the French and German theory. In German legal literature, the concept of "public services" is traditionally used in connection with the implementation of the so-called positive public administration (management for the provision of public services). The purpose of this management is to ensure guaranteed living conditions, as well as their improvement. These services are provided primarily in the social sphere. Much of the management of service delivery is regulated by law. In general, since the 1930s, the idea of the service nature of management has gained particular popularity - Ernst Forsthoff considered the administration as a service provider. It was primarily about the services of the municipal (communal) level (energy, gas and water supply, transport, communications), which are provided as part of the implementation of municipal tasks.
In another legal system - Anglo-Saxon - the concept of services is also used, but has a different basis. As noted in the literature, the concept of service began to be applied in relation to the activities of government bodies in the United States in connection with the spread of the generalized concept of an enterprise (enterprise) to them. This technique required the government to work not for itself, but primarily for external users, with clearly defined useful results, which became known as a “service” in a rather generalized sense, and also allowed the application of performance criteria to the authorities.
Note that according to the classical French doctrine, public authorities should be effective and work for citizens by virtue of their public origin, regardless of the use of private methods of activity.
The common European practice has taken the path of recognizing universal services (since 1992), this is an Anglo-Saxon concept, which is defined as "the minimum service of an established quality provided to any user for affordable price"Accordingly, the European Union has defined the List of Basic Public Services. In a number of European states, charters on the provision of public services have been adopted.
Theories explaining the provision of public services are often lumped together under the concept of a "service state". This concept spread in Russia along with the administrative reform in the early 2000s, when services in relation to the functioning of the state first appeared in program acts, and then in regulatory acts. legal acts.
1The concepts of "strong" and "service" state are analyzed in the context of determining the optimal model of public administration for the modernizing post-Soviet political and legal space. The study is based on general, general scientific, special and particular scientific methods, comparative legal, historical and legal, specific sociological and formal legal (dogmatic) methods, as well as methods of political and legal modeling, which made it possible to identify problems and determine the prospects for the formation of directions and priorities contemporary politics in the field of public administration. The author comes to the conclusion that the service approach of the essence of the state is associated with such areas of optimization of power and legal activity as the development of network forms of managerial interaction, the formation of "electronic government", communication technologies for control and planning, the development of "online" services, the formation of multilateral relations allowing citizens to actively participate in the exercise of power. The "service state" is a special political form of organization of public power, which has a special management apparatus aimed at providing public services to individuals, as well as a system of social and legal guarantees of a decent life support for a person, his rights and freedoms. A strong state is an effective, full-fledged, authoritative and self-confident state that clearly fulfills all its functions and social purpose. The author believes that a certain symbiosis of "service" and "strong" models will become the Russian model. However, the strengthening of statehood should not act as an end in itself, and state interests should not prevail over human and civil rights.
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1. Dunlin A. Electronic public services and administrative regulations. From political task to e-government architecture. - M.: INFRA 2004. - S. 336.
2. Zatonsky V.A. effective statehood. - M., 2006. - S. 97.
3. Lukina V.A. Public services in Russia and abroad: monograph. - M.: Publishing House of the Moscow University for the Humanities, 2011. - S. 148.
4. Petrov M.P. A strong state and an active personality as a need of the time // Legal policy and legal life. - 2005. - No. 3. - S. 195.
5. Topornin B.N. A strong state is an objective need of the time // Questions of Philosophy. - 2001. - No. 7. - S. 24.
6. Shestakova S.V. Improving the efficiency of the provision of public services based on information and communication technologies: monograph. - M., 2009. - S. 22.
The problem of strong statehood has been worrying the minds of scientists and politicians, perhaps, from the moment the first polis formations arose up to the present day. Modern Russia has found itself in a situation of an acute systemic crisis that has engulfed all spheres of society, the state and the individual, which has led to the search for innovative ways and ways out of it. The crisis state of society urgently requires a change in the entire system of values and functioning political institutions; there is an urgent need to restructure the Russian statehood that meets the need for self-identification. Under these conditions, it is especially important to develop a scientifically based, carefully verified strategic course development of Russia. The Russian Federation needs to strengthen state power, to form a strong state as a guarantee of the country's exit from a crisis situation. The need to activate the state is dictated by geopolitical reasons, the level of modern human problems in modern world. Therefore, the idea of administrative reform was put forward as an objective need of the current stage of development of our country, a condition for a successful solution the most difficult tasks standing in front of her.
Purpose of the study. In this regard, the relevance of the article is due to the primary goals and features of modern state building, guidelines, principles and content of the post-Soviet policy in the field of modernization in regulating the relationship between civil society institutions and government. The object of the study is - the system of public administration as complex system relations, forms, methods, structures and public law institutions of power evolving in specific political, legal, spiritual, moral and socio-economic conditions of society. The subject of the study is the successive transformation of the service approach to the provision and provision of public services by the Russian government as an integral legal and cultural phenomenon that has universal and specific patterns of functioning and self-organization of forms of power-legal relations, which has its own typological, axiological, ontological and morphological features. The aim of the study is a theoretical and methodological analysis of the models of a "strong" and "service" state as a civilizational political and legal phenomenon, as well as modeling the specific patterns of their genesis, modern functioning and development prospects.
Materials and methods of research
The methodological and theoretical basis of the study was made up of general scientific and private scientific methods for studying the concept of a “strong” and “service” state. The general scientific method of research is the dialectical method, which involves the study of legal phenomena from the point of view of the laws of dialectics. The dialectical method allows one to penetrate into the essence of public administration, to reveal the legal nature, features and common and distinctive features of a service and strong state. The number of used private scientific methods should include historical, comparative, formal-legal, normative, logical, systemic, structural-functional, through which the analysis of existing models of public administration is carried out.
Research results and discussion
One of the most popular and actively developing theories at the present time has become the concept of modernization of the state-legal organization, based on the idea of service public administration, carried out by both state bodies and structures, and local self-government. This direction of optimization and implementation of foreign institutions of power-legal interaction between society and the state, other government bodies is based on the effective provision of public services to the population, the possibility of delegating functions for the provision of public services to the private sector (for example, technical inspection of cars in Russia). The service concept of the state, which has become widespread in the United States and a number of countries Western Europe in the 80-90s. of the last century considers the appointment of the state in serving the individual, and, with its literal interpretation, almost any activity of the state in interaction with the individual turns out to be a public service. Service development idea state system is based on the classical economic scheme: "service provider - consumer", where the stability and legitimacy of state institutions is associated with the effectiveness of identifying, modeling and implementing individual and group interests and needs. In this regard, global interests”, associated with ethno-national, spiritual, moral, ethnic and other foundations of social unity, lose their “relevance” for public administration, at least in everyday, current management. In the "service" management organization, the dominant performance indicator is "consumer satisfaction". For this, the necessity of using an integrated approach to the regulation of goals and objectives is substantiated. management activities(systemic interconnection of sociological, psychological, administrative, economic, informational, legal forms, methods, methods and techniques). Responsibility for life support and security rests with the state, which is called upon to guarantee the satisfaction of the needs and interests of the individual and their groups. The service approach to the essence of the state is associated with such areas of optimization of power-legal activities as the development of network forms of managerial interaction, the formation of "electronic government", communication technologies for control and planning, the development of "online" services, the formation of multilateral ties that allow citizens to actively participate in sending authorities. At the same time, both in domestic and foreign literature, a unified approach to the definition of the concepts of "legal service", "service state", "public services" has not been formed. Summarizing various conceptual developments, it can be noted that the “service state” is a special political form of organization of public power, which has a special management apparatus aimed at providing public services to individuals, as well as a system of social and legal guarantees of a decent life support for a person, his rights and freedoms. According to many analysts who develop this approach, the service state and the network methodology for improving management activities “correct” the shortcomings of the bureaucratic style of management, the peremptory way of influencing other people, pointing to systemic flaws and practical problems of interaction between the state and society under traditional forms and technologies of management. It is still too early to talk about the advent of the era of so far very hypothetical "network states". Therefore, the network principle of public law interaction should be considered as a form of management activity organization, which allows to significantly reduce the costs of traditional political and legal regulation of social processes, to ensure more mobile interaction with public institutions and structures.
Among the competitors of the service approach, the concept of a “strong state” can be singled out as an alternative option for modernizing the management system. Among the factors contributing to its development are material (socio-historical) and ideological-theoretical. The material prerequisites include the basic patterns of development of social relations, the redistribution managerial functions in the process of complicating social relations from the direct participants in these relations to the apparatus of public power - the state. At the same time, the strengthening of management efficiency is directly related to the centralization of management processes, which, in turn, implies the acquisition of greater powers by the administrative apparatus. The problems of strong statehood have attracted and continue to attract the close attention of scientists from various fields: philosophers, political scientists, economists, jurists. The peculiarities of liberal teachings include a different understanding of the phenomenon of force. The strength of the state was seen in a real opportunity to ensure the realization by the individual of his natural, inalienable rights. They received their conceptual consolidation in the paradigm of the rule of law, a special contribution to the formation of which was made by German scientists Welker, Hegel, Kant and others. A strong state is an effective, full-fledged, authoritative and self-confident state that clearly fulfills all its functions and social purpose » . However, the idea of a “strong state” is interpreted in science as a surrender of democratic positions, a rollback to a totalitarian past, a return to command and administrative measures of control, a crushing of a person by a bureaucratic machine. Thus, it is possible to single out the strength of the state, which is its trigger mechanism, the “ruleability norm”, and the dynamic strength, due to new factors of state development and the tasks of improving the state in the future” . It is the dynamic factor that is the central issue in substantiating the concept of a strong state , able to solve the problems of the transition period, and not turning into a “servant for the fulfillment of public desires” promoted by the service theory of public administration. In each of the designated theories, the state performs its specific functions, but at the same time there are a number of general ones. This means that both a service and a strong state are aimed at maintaining a dialogue between citizens and the state, in terms of information exchange, as a result of which there is a continuous communication exchange between civil society and the state. There is an opinion according to which each state has its own original model of public administration. The model is understood as a set of factors indicating the place and role of the state in political system. In all the variety of national options for modernizing the public administration system in the modern world, the concept of a strong state and the concept of a service state stand out. In the concept of a strong state, the state is seen as the leading helmsman of the entire society, predetermining the path of its development. The decision-making process is based on the authority of the authorities. In the service concept of the state, the process and direction of reforms is determined by society, but the process of implementing the forms and methods of public administration differs from traditional ones. We are talking about the implementation of the service approach through the program of e-government - e-government. This model is based on the coordination of relations between groups and the state. Consequently, the process of public administration goes beyond just state institutions and involves both interest groups and individuals in its sphere. The service approach is typical mainly for European countries. However, some authors consider the service state a phenomenon of the world order, the emergence of which leads to the economic and social development of all industrial countries. Service management, in their opinion, reflects the development of a kind of symbiosis between groups, the individual and the state.
Conclusion
So, the above theories express different approaches to the interaction between society and the state. They are not equivalent and at the same time mutually exclusive. The service model emphasizes the direction of social communication "from the bottom up": from the individual to the government, and the model of a strong state emphasizes the movement "from top to bottom": the state controls its citizens, groups, and their members. According to the classification, the distinguishing features of the service model include the establishment of a central database for more effective and efficient interaction between government agents; providing services on a network basis, optimizing the provision of services to the population and business structures; reducing the cost of services; application e-commerce: procurement and state and municipal contracts; assistance to the economic and social development of society and citizens; quick and effective response to changing business conditions; improving the efficiency of intra-organizational relations in public administration; development of personnel potential of public administration; increasing the responsibility of civil servants, increasing the level of transparency of public administration in general. In contrast to the service model, the model of a strong state is characterized by the activity of citizens in governing the state; priorities in all social spheres states; centralization of state power; self-restraint to commensurate state expediency with subjective interests of a private and corporate nature. Nevertheless, the strengthening of the state means the subordination of the interests of the individual to state expediency. Positive and negative assessments of a strong state depend on the adequacy of its actions to the social context and on its relationship with the rule of law and democracy. Hence the objective interest of the state in strengthening the confidence of citizens in their actions, their policies. I think that a kind of symbiosis of “service” and “strong” models will become the Russian model. However, the strengthening of statehood should not act as an end in itself, and state interests should not prevail over human and civil rights. In this regard, the statement of V.V. Putin that “a strong state is unthinkable without respect for human rights and freedoms. In this regard, in the conditions of any model, the need for the development of civil society institutions, raising the level of legal culture and civil activity of citizens, the fight against legal nihilism and legal absenteeism is obvious, since their absence nullifies any reforms and transformations. Of particular importance are issues related to the development of the conceptual foundations of a strong democratic statehood, which are based on the idea of a logically consistent paradigm of a strong and service state, which implies a harmonious combination of public and private interests, stability and progressive development of backbone socio-political institutions, ensuring fundamental rights and freedoms. person and citizen. And this, in turn, is possible only in a state with a highly developed economy, an effective system of social security for all segments of the population.
The article was written with the support of the Russian Humanitarian Foundation grant No. 11-33-00313a2 “Forms and methods of service management in post-Soviet Russia: problems of improving the quality of public services” project leader Ph.D. legal Sciences, Associate Professor Ya.V. Kozhenko.
Reviewers:
Mordovtsev A.Yu., Doctor of Law, Professor, Head. Department of Theory and History of State and Law, Taganrog Institute of Management and Economics, Taganrog.
Andreeva OA, Doctor of Philosophical Sciences, Professor, Lecturer at the Department of Theory and Law of the Taganrog Technological Institute of the Southern Federal University, Taganrog.
The work was received by the editors on February 23, 2012.
Recently, many researchers have turned to the study of the service state, which changes the traditional system of public administration, setting new priorities and values. Nevertheless, there is no common understanding of the political and legal essence of the service state, the problems of reforming executive authorities, and assessing the effectiveness of state activity. Comprehensive studies of the problems of social management technologies in the public service, issues of strategic and medium-term planning of the management process, forms, technologies and methods of current management based on the service approach began relatively recently. In general, the development of new approaches to the analysis of public service, service activities and public service organization in Russia is still quite restrained.
The state service activity is characterized by economic activity, which involves two basic subjects - the "producer of services" - the state and the "consumer" of services - the people. In the process of public administration, "service producers" inevitably encounter "consumers" - the people who predetermine and shape service activities through expressed interests and value orientations. In this regard, the transition to a service model of public administration requires the modernization of not only state and municipal bodies, but also the "modernization" of public consciousness, which is based on the following principles of interaction between the state and society.
The principle of "one window" in the provision of state and municipal services is basic and provides for the exclusion or maximum possible restriction of the participation of applicants in the processes of collecting from different authorities and providing various documents and certificates to different authorities confirming the applicants' rights to receive public services.
The main goals of implementing this principle are:
Simplification of procedures for citizens and legal entities to receive public services and reduce the time for their provision;
Improving the comfort of citizens and legal entities receiving public services;
Unification and automation of administrative procedures for the provision of public services in the territory;
Improving the quality of information support for the activities of executive bodies of state power and organizations subordinate to them in the provision of public services;
Increasing the satisfaction of recipients of public services with the quality of their provision;
Raising awareness of the population about the procedure, methods and conditions for obtaining public services.
The principle of debureaucratization of the management system within the framework of the concept of a service state, which provides for limiting the scope of bureaucracy in society, is of fundamental importance and is reflected in the reduction in the number of documents provided by applicants for obtaining state and municipal services, as well as the exclusion of personal contacts of applicants with officials who receive decision to provide (refuse to provide) public services.
Of research interest is the analysis of such a principle as the principle of increasing the efficiency, accessibility and openness of information about the activities of public authorities. State bodies and local governments are the owners of the largest amount of socially significant information. The right to access such information is relatively new for the Russian Federation (hereinafter RF), and the legislation in this area is the youngest. Thus, the right to access information is the power to search and receive information, ensuring the possibility of its use. The legislation of the Russian Federation does not define the concept of “information about the activities government agencies and local self-government bodies”, which negatively affects the protection of citizens' right to access to information. The normative substantiation of this principle is contained in Part 4 of Art. 29 and in part 2 of Art. 24 of the Constitution of the Russian Federation. According to part 8 of Art. 8 of the Federal Law "On information, information technologies and information protection" the following information should be provided free of charge:
On the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
Affecting the rights and obligations of the interested person established by the legislation of the Russian Federation; other information established by law.
However, in practice, citizens who are trying to exercise their right to access information about the activities of government bodies face many problems. As practice shows, the authorities restrict access not only to the information that belongs to state or official secrets. Thus, access to information about the activities of state bodies and local self-government bodies can be provided through the disclosure of information; placement of information in information and telecommunication networks, including in the information and telecommunication network Internet; placement of information in publicly accessible places; familiarization of users with documents; presence of citizens and representatives of organizations at meetings of collegiate bodies; providing information upon request. In connection with the implementation of the "electronic government" project, the authorities are obliged to actively use information technologies in their activities. The technical capabilities of the Internet have made the official websites of government bodies the most effective means of interaction between government bodies and the population, the fastest and most economical way to disseminate information about the activities of state bodies and local governments and bring the official point of view of the state to the people. Currently, almost all federal and regional government bodies have their own official websites, which are most often regulated by their own regulatory legal acts. At the same time, technological, software, linguistic, organizational and legal requirements for the official websites of state bodies and local governments are not defined either at the federal or at the regional levels, which makes it difficult to exercise the right to receive information. As measures to ensure the public availability of information, it is advisable to define such requirements by law, establish the formats of information to be posted on official websites, as well as the timing of its posting. The implementation of the above measures will help increase transparency and controllability of activities officials executive bodies of state power and organizations subordinate to them in the performance of state functions and administrative procedures in the process of providing public services. The principle of unified criteria for assessing the quality of state and municipal services is carried out on the basis of ongoing monitoring. However, in each subject of the Russian Federation, the monitoring methodology has its own characteristics. This approach violates the integrity of the unity of criteria for assessing the quality of public services throughout the Russian Federation. In this regard, summarizing the experience of the constituent entities of the Russian Federation in assessing the quality of public services, it is advisable to single out a number of general criteria:
Compliance of the procedure for the provision of public services with approved regulations and quality standards for the provision of public services;
The time required for the applicant to receive a public service, starting from the date of submission of the application until the applicant receives the final result;
The financial costs of the applicant when receiving public services;
Availability of comprehensive information on the provision of services at the places of reception of applicants and on the Internet;
Organization of interdepartmental interaction in order to provide public services;
Possibility of receiving public services in electronic form;
The presence of complaints and lawsuits against officials of executive authorities and multifunctional centers (hereinafter MFC) for improper provision of public services;
Satisfaction of recipients with the provision of public services, its quality and accessibility.
The most popular sources of information for assessing the quality of public services are:
Statistical data of state bodies;
The results of monitoring conducted by state bodies in the assessed state bodies;
Analysis of official Internet resources of state bodies;
Results of surveys of recipients of public services.
In the reports of the directors of multifunctional centers for the provision of state and municipal services in the Russian Federation, the main indicator of the effectiveness and quality of the work of the MFC is the attendance of the institution. This evaluation criterion does not stand up to criticism, since both consultations of visitors and the implementation of requests are placed in one evaluation pot; actually issued cases, which seems very inappropriate, and to be more precise, it does not give an objective assessment of the efficiency of the MFC. On MFC websites, most often there is no or no information about the quality of services provided (meaning meeting deadlines, customer satisfaction with service, waiting time in line, etc.). There are no prices approved by the administration for paid additional services provided by the MFC, which, of course, hinders the introduction of the service approach of public administration in modern Russia.
The principle of accessibility of public services provides for the acceptance of documents from the applicant at a convenient time for him; formation of a complete package of documents for the provision of services; processing of original documents in the presence of the applicant: free copying and scanning of the necessary documents to create an electronic file, which saves the applicant's time during subsequent requests; ensuring the reduction of waiting time in the queue (waiting period for submitting documents - no more than 45 minutes; for receiving the result of the provision of services - no more than 15 minutes); issuance of the result of the provision of services at a convenient time for the applicant.
The next principle is the principle of legalization of the dispute mediation procedure. Through the adoption of the Federal Law of July 27, 2010 No. 193-FZ. “On an alternative procedure for resolving disputes with the participation of an intermediary (mediation procedure)”, the implementation of this principle has received its legislative expression. The legalization of the principle of mediation was carried out in order to create legal conditions for the application in the Russian Federation of an alternative dispute resolution procedure, with the participation of an independent person as an intermediary. This measure is designed to promote the development of partnership business relations and the formation of business ethics, the harmonization of social relations, which play a crucial role in the concept of a service state. Of particular importance from the standpoint of the service approach is the possibility of conducting a mediation procedure based on the mutual will of the parties on the basis of the principle of voluntariness, confidentiality, cooperation and equality of the parties, impartiality and independence of the mediator. Important It also has an anti-corruption principle. The work of the MFC in the provision of state and municipal services will reduce the level of corruption, increasing the confidence of citizens in government bodies. The principle of interactive mechanisms for the implementation of state and public control and supervision should be given special importance. Thus, the formation of the information society is characterized by the need to increase transparency and promote the involvement of the population in decision-making processes; ensuring effective access to information for the population; expansion of network forms of interaction between the state and society. In this regard, the implementation of the principle of using interactive mechanisms for the implementation of state and public control and supervision is characterized by the use of the results of scientific and technological progress. For example, the use of video cameras at polling stations allows citizens to watch the voting process in every corner of the country in real time on the Internet. The implementation of the principle of unification of information technology support for administrative management processes and coordination of the activities of federal executive bodies is one of the most difficult tasks of a service state. Analyzing the problems of interdepartmental cooperation, promoted by the Federal Law of the Russian Federation, which regulates the provision of state and municipal services, we can conclude that interdepartmental cooperation is currently very difficult, and sometimes completely impossible. The fact is that the databases of different departments were created at different times, by different programmers, therefore, from a technical point of view, it is very difficult to combine them, and therefore, access to the necessary information becomes impossible. These facts discredit in the eyes of the people both the idea of creating an IFC and the need for a transition to a service state.
RUSSIAN PRIORITIES
UDC 351+342.5
"SERVICE STATE": NEW PARADIGM OR MODERN TECHNOLOGY OF STATE ADMINISTRATION?*
V. N. ZAYKOVSKY, candidate of legal sciences,
Associate Professor of the Department of Public Administration and Management E-mail: [email protected] Russian Academy National economy and public service under the President of the Russian Federation, Tver branch
The article reveals the essence of the "service" model of the state and its role in the system of measures to improve national system public administration of modern Russia. The opinions existing in the literature on the essence of the service state are summarized, the main directions of practical activity related to the construction of the service state in our country are identified, and compared with measures to reform the public administration system in Russia.
Keywords: administrative reform, public (municipal) services, new public administration, restructuring government, service state, social state, electronic state
One of the priorities of the ongoing reform in Russia domestic system public administration is the construction of the so-called "service" (service-oriented) state. This was repeatedly and directly stated by E.S. Nabiullina during his tenure as head of the Ministry of Economic Development of the Russian Federation
* The article was prepared based on the materials of the journal National Interests: Priorities and Security. 2014. No. 24 (261).
deration, which actually acts " think tank» of this reform.
The choice of this particular course by our country can be indirectly judged by the fact that one of the main goals of the further development of the current system of public administration in the relevant legal act proclaimed “improving the quality and accessibility of public services”1. In the same context, apparently, one should also consider the appearance since 2004 in the system of federal executive bodies of such a variety as “federal agencies”. Among the main functions of the latter, the “rendering of public services” is just attributed. Finally, the adoption of Federal Law No. 210-FZ dated July 27, 2010 “On the organization of the provision of state
1 See: The concept of administrative reform in the Russian Federation in 2006-2010. URL: http://fas.gov.ru/legislative-acts/legislative-acts_50334.html; The concept of reducing administrative barriers and increasing the availability of state and municipal services for 2011-2013. URL: http://garant.ru/products/ipo/prime/doc/55071564; Key activities of the Government of the Russian Federation for the period up to 2018. URL: http://government.ru/media/files/41d4469723e7e2a0d5b5.pdf.
However, despite the fact that the practical implementation in our country of the idea of a service state should entail very significant changes for some reason, in the system of relations between citizens and authorities, in none of the official political and legal acts, a clear description of such a state (concept, essential features, features of structure and functioning) is for some reason given.
An equally uncertain situation is characteristic of Russian scientific literature. Arguments on the merits of this problem encountered here are fragmentary, unsystematic, and sometimes contradictory. This, of course, does not help interested representatives of the scientific community, practitioners, and simply ordinary citizens to get a comprehensive idea of the essence and “vector” of the changes taking place in the country. All this, no doubt, slows down the pace of reform and makes it difficult to actually translate the idea of a service state into social practice.
Describing the scale of the reforms carried out in modern Russia and the conditions for their success, T.A. Kulakova quite reasonably argues in this regard that transformations of such a high level require a thorough theoretical study of the tasks to be solved, as well as an obligatory moral and value orientation of citizens, taking into account their cultural identity and moods. Unfortunately, none of these conditions in our country is not yet adequately provided.
P.U. Kuznetsov.
To verify the validity of the above assessments, let us turn to the opinions available in the scientific literature regarding the essence of the service state.
In particular, E.S. Nabiullina believes that the "service orientation" of the state is such a state of the system of executive authorities, which ensures the "necessary quality of public services", i.e. “conditions under which a citizen will spend a minimum of time
money, strength and resources to receive state and municipal services, and the entrepreneur - to start and run a business.
I.L. Bachilo, in fact identifying the concept of interest to us with the social and electronic state, writes that "the electronic state is, first of all, a social state", and "the social state in a certain part is a service state" . A.A. almost completely agrees with this position. Chebotarev.
Arguing about the relationship between such concepts as "electronic state", "electronic government", "welfare state", P.U. Kuznetsov, in the end, comes to the conclusion that the “service electronic state” is “a new dimension and manifestation of the historical type of the welfare state” .
I.A. Vasilenko speaks of “service administration” as one of the new public administration technologies that have been substantiated in the framework of the theory of “new public management” (new public management)2. At the same time, the essence of the service approach to public administration, according to this author, is as follows:
1) state institutions should provide better service to citizens "by using modern electronic system service provision public institutions»;
2) since public administration exists on the money of citizens-taxpayers, it should be "deployed primarily towards meeting the needs of citizens, and not the bureaucrats themselves";
3) in modern conditions all activities of the civil service should be regarded primarily as a "service service" for citizens.
E.S. Ustinovich and T.P. Novikov consider the "service state" as one of the aspects of such modern concept public administration, as "restructuring the government" (reinventing government)3. In their interpretation
2 This theory, as is known, proceeds from the need to "managerize" the public administration system (civil service) in order to increase its efficiency. In practice, this comes down to the elimination of paternalistic principles in the relations of the state with citizens and society and the establishment of such a status of the state, which can be characterized by the formula "the state is the servant of the citizen and society."
the meaning of the “service state” model is to present citizens as clients of the state, which allows increasing the responsibility of the civil service “and depoliticizes the distribution of funds among public sector organizations, stimulates innovation and differentiation of services, leads to less wastefulness in current activities public sector".
More solid in the context under consideration is the position of Y. Kozhenko and A. Mamychev, who not only formulated the definition of interest to us, but also characterized some practical measures related to the construction of a service state. In their opinion, the service state is a special political form of organization of public power, which has a special management apparatus aimed at providing public services to individuals, as well as a system of social and legal guarantees of a decent life support for a person, his rights and freedoms.
In their other work, these researchers explain that the service approach to building a modern state “is associated with such areas of optimization of power and legal activities as the development of network forms of managerial interaction, the formation of “electronic government”, communication technologies for control and planning, the development of “online” services , the formation of multilateral ties that allow citizens to actively participate in the administration of power” .
As you can see, it is very difficult to obtain a holistic view of the essence of the service state, its most important (essential) features, the scale and depth of the upcoming changes associated with its construction in Russia, even by specialists, not to mention ordinary citizens, on the basis of the above reasoning. The need for this is obvious. Studies by American specialists have shown that the success of the administrative reform being carried out in the United States is largely due to the degree of public awareness of the essence of the new opportunities for interaction with the state that appear in the process of implementing the planned changes. Without this
as experts in the office of US Vice President A. Gore, who was directly responsible for the administrative reform in the period 1993-2000. Osborn D., Gaebler T. Reinventing Government. How the entrepreneurial spirit is transforming the public sector. N.Y., 1992 .
According to information, the created “public services” remained unclaimed, so citizens did not feel positive changes, and, as a result, the number of people satisfied with the quality of services received from the state did not grow. As a result, the goals of the ongoing reforms were considered not achieved, since the degree of their implementation was assessed precisely with the help of the indicator mentioned above. The realization of the importance of this problem resulted in the adoption and implementation of a special state program aimed at eliminating the "lack of information" among citizens regarding the essence of the ongoing changes in the structure and algorithm of the functioning of the civil service. Since then, the pace of administrative reform in the United States has increased significantly.
Thus, these and other circumstances together require that the essence of the service state, its characteristic features, the main ways of building and the results of the introduction of the structural elements of this concept into the actual practice of Russian statehood are more clearly reflected at least in scientific publications.
In this regard, it should be noted that such a characteristic of the service state is based on the word “service” (English service), which in Russian literally means “the provision of services, a set of means for servicing users”, as well as “a system of organizations and services, providing this service. In turn, the service concept of the state arose and took shape as a theoretical basis for modern reforms of public administration systems in all the leading countries of the world in the last quarter of the 20th century. At the same time, specialists from the UK and the USA made the main contribution to its development.
Based initially on the ideas of “new public administration”, they substantiated the need for “management”4 of existing public administration systems as the main way to increase their efficiency. One of the consequences of this was precisely the rethinking of the purpose of the modern state. It means that its main function was considered unconditional service to the individual, who turns from a subject object into a “client” of power structures. In other words, the cornerstone of the service philosophy of the state is
4 “Management” in this case refers to the introduction into practice of functioning of systems of state and municipal management of advanced management technologies borrowed from the business sector.
"the orientation of the civil service to the citizen (client), his needs and interests."
In turn, the "service" ("customer orientation") of the state implies:
The social orientation of its goals (their direct connection with the most important needs and interests for the object of state administration);
The effectiveness of its impact on the object of management (i.e., the obligation to achieve socially determined goals);
Establishment as the main (dominant) indicator of the effectiveness of public administration systems “satisfaction of citizens with the quality of the state and municipal services provided to them”;
Openness5 and responsiveness6 of the civil service;
Transparency of administrative procedures7;
High degree public confidence in the government and its support (participation) on the part of society;
Creation of comfortable conditions for citizens to receive services, etc.
A feature of such a state is also the introduction of standards8 and regulations for the provision of public services, the use of “one (or single) window” technology in the interaction of citizens and the state, the transition over time to the provision of services mainly in electronic form etc.
In fairness, it should be noted that the transformation of these ideas into the concept of modern reforms of national public administration systems took place in heated discussions. Assessing their sharpness, I.A. Vasilenko noted that no other reforms have caused as much negative feedback from "academic analysts" as the concept of administration as a service center aimed at "customer service". One of the practical consequences of such discussions
5 "Openness" of the civil service means the obligatory consideration by the subjects of public administration in the development, adoption and implementation management decisions opinions of ordinary citizens.
6 “Responsiveness” of the civil service is its ability to promptly respond to the changing needs and interests of citizens, as well as to those “challenges” that are “generated” by a controlled society.
7 This refers to the possibility of timely receipt by citizens of reliable information that allows an objective assessment of the effectiveness of the functioning of government bodies.
State (municipal) services in Russia are defined in Art. 14 of the Services Act mentioned above.
This was some clarification of the status of a citizen in the system of his relations with the state. Over time, the understanding came that in a democratic rule of law state, a citizen should be considered not only as a consumer of the services of public organizations, but also as a “principal” (owner, customer) for the civil service, as well as its “competitor” and even “investor” .
The fact is that under the conditions of a democratic political regime, it is the citizens who are the source of public power, i.e. a kind of "customer" for the civil service. By participating in the elections of public authorities and their officials, it is they who form the political level of the public administration system, since they ensure the coming to power of those political forces that most adequately express the interests of the object of government. In turn, having won power, it is these forces that then form the administrative subsystem (i.e., the civil service) in accordance with the interests of the “principal”. As a result, the civil service actually acts in this case as an "agent" (servant) of citizens, actually "hired" for the implementation of the corresponding social order. Taking this circumstance into account, on the one hand, required consideration of the nature of interaction between citizens and the state not only within the framework of the “patron-client” relationship, but also “principal-agent”.
On the other hand, at the same time, it became necessary to create mechanisms designed to ensure the real participation of citizens and their associations in the formation of both the “catalog” and the standards of public services received9.
This, in particular, caused the creation in Russia of public councils (chambers) at the federal, regional and municipal levels, as well as commissions for personnel development, the emergence of such projects as "Open Government", "Open Region" and "Open Municipality", " Efficiency Contract. In addition, in 2013, the Internet resource “Russian Public
9 Theoretical basis for such clarifications of the content of reforms carried out in the field of public administration, the concept of “good governance” served. Its main idea is that the state should not act as the sole subject of managerial decision-making. The most important of them should be accepted by him in the framework of the dialogue with interested structures of civil society. Moreover, the implementation of a number of such decisions the state can generally transfer on a contract basis to interested non-state structures. In foreign literature, the algorithm of interaction between the state and a controlled society, proposed by the named concept, over time began to be characterized by the formula: “Do not row, but plot a course and steer!”.
initiative” and attempts were made to use the state at the stage of development of the most important solutions of the technology of crowdsourcing10. In the same context, one should also consider the current emergence of opportunities for the participation of the public concerned in assessing the effectiveness of the performance of the heads of territorial representative offices of federal executive bodies, as well as senior officials of the constituent entities of the Russian Federation, the mandatory holding of public discussions of drafts of the most important regulatory legal acts, etc.
It should be borne in mind that the “privatization” of some (even traditional, “primordially state”) functions provided for in the framework of the “new public administration” (NGU) has led to the fact that interested businesses were involved in the process of providing state and municipal services on a competitive basis. -structures11. As a result, the citizens who are the owners and employees of such structures have actually turned into competitors of public services. According to the authors of NSU, such competition should have led to an increase in the quality of public services.
Finally, it should be taken into account that the creation and functioning of the public administration system (civil service) is financed from the state budget, based on taxes levied on citizens and non-governmental organizations. This circumstance, as noted above, requires consideration of citizens also as a kind of "investors" of the project called the "state". Being in this status, citizens have the right to demand from the civil service a report on the quality of the fulfillment of the tasks assigned to it, to have the opportunity to control the efficiency of spending budget funds, appeal against the actions of officials who provided poor-quality services, etc.
10 In the original sense, crowdsourcing (from the English crowd-sourcing) is the transfer of certain production functions to an indefinite circle of persons on the basis of public offer(proposal), which does not imply the conclusion of a formal contract for the performance of these functions. In our context, we are talking about the involvement of civil society structures in the implementation of certain state functions on a voluntary basis. In Russia, crowdsourcing was used, for example, in the development of drafts of some "resonant" laws ("On the Police" and "On Education"), the development strategy of Sberbank. For more details, see: Kuryachaya M.M. Crowd-sourcing technologies in legal practice // Constitutional and municipal law. 2012. No. 6. S. 31-37.
11 Up to the involvement of business structures in the process of
no criminal penalties.
At the same time, the creation in Russia complete system public control over the activities of state bodies is provided for by the National Anti-Corruption Plan for 2012-2013, where the Public and Chambers of Commerce and Industry, the All-Russian Association of Lawyers, political parties and others public associations proposed to develop a draft federal law on public control. In it, according to the President of the Russian Federation, it is necessary to define the powers of civil society institutions in the exercise of their control over the activities of federal, regional and municipal public authorities.
As practical steps to solve this problem, one can probably consider the appearance in the current Russian legislation in last years requirements for holding public hearings on draft local and regional budgets, submitting public reports on their implementation, the obligation to create "helplines" by the authorities. In the same context, the appearance on the Internet of a special portal “Your Control”12, where views are exchanged on the experience of obtaining public services by citizens and business representatives, should be regarded.
As noted earlier, one of the distinguishing features of the service state is the so-called "electronization" of the public administration system operating in it. It means active use its bodies of modern information and communication technologies for communication both among themselves and with citizens, business structures and other elements of civil society. In our country, activities this direction is currently carried out on the basis of special acts of the President and the Government of the Russian Federation.
Describing the importance of such innovations for improving the quality of public administration, A.F. Nozdrachev rightly notes that the technologies mentioned above “facilitate and speed up communication between citizens and executive authorities, eliminate restrictions imposed by work schedules or geographical remoteness or other factors in the activities of executive authorities, and ensure accessibility, authenticity, and mandatory communication processes(reliability, law-
12 See: ПЯi http://vashkontrol.ru.
ness), confidentiality of information and other conditions” .
A kind of "starting point" in the process of practical implementation of the idea of a service state on the European continent, apparently, can be considered the adoption in 1996 of a new edition of the European Social Charter. This agreement provided that essential function modern state is to ensure a high quality of life for all citizens while creating conditions for the growth of their independence and personal responsibility for their own material well-being. In particular, Part 3 of Art. 13 of the said international legal act establishes that the participating countries "undertake to ensure that everyone can receive from the public or private service such advice or such individual assistance as may be required to prevent, overcome or alleviate a situation of personal or family need." In the same plan, most likely, one can also consider the appearance in the Charter of the European Union on the Fundamental Rights of EU citizens of the right to “ good management» (Article 41).
For Russia, the first step towards a service state, apparently, should be considered the adoption in 2003 of the corresponding presidential decree, which marked the beginning of administrative reform. In this document, for the first time at the official level, as one of the main functions of public administration bodies, “providing government organizations services to citizens and legal entities". At the same time, as the main areas of practical activity related to the construction of a service state in Russia, one can name:
1) adoption and subsequent development of legislation on state and municipal services;
2) formation of a list (register) of services provided;
3) creation of an organizational mechanism and infrastructure necessary for the provision of public services;
4) development and improvement of technologies for the provision of services, including procedures for the interaction of citizens and state bodies in this process;
5) formation of a mechanism for managing the quality of services provided;
6) creation of a mechanism for extrajudicial appeal of decisions and actions of bodies or persons provided
providing low-quality state (municipal) services; 7) creation of a monitoring system for the provision of state and municipal services, etc.
Summarizing the above and other opinions existing in the literature regarding the essence of the service state, as well as comparing them with the measures to reform the current public administration system in Russia, a number of generalizing conclusions can be drawn.
1. The idea of a service state being implemented in modern Russia fits perfectly into the “model” of the political organization of Russian society, which is already enshrined in its current Constitution (democratic, legal and social state). Accordingly, the practical implementation of this model, although it involves fairly large-scale (in terms of the amount of resources used and labor costs) changes in the mechanism of the domestic public administration system, however, they mainly affect only its technological level. These changes are aimed mainly at organizational and technical goals (meaning that the mechanism of public administration can be represented as a pyramid, including conceptual, regulatory, organizational and technological levels). In particular, we are talking about the creation of a single information and communication network in the country, the formation of a modern national system of interdepartmental electronic interaction and the so-called "front offices" of interaction between citizens and the state represented by multifunctional centers for the provision of state and municipal services (MFC), providing opportunities for access citizens and businesses to information resources states and more.
In other words, the task of building a service state in Russia does not imply a revision of the state-legal organization already existing in it and a change in the basic political and legal institutions previously created on the basis of the current Constitution.
Taking into account the circumstances mentioned above, the service state of interest to us can be defined as follows. This is the technology of state and municipal management corresponding to the post-industrial stage of development of the human community, within which power structures are considered as suppliers of a certain type of service,
and citizens as their consumers, and where electronic means of communication are actively used to implement the resulting social interactions.
2. A democratic, legal and social state, by its very nature, is “service”, since it is initially aimed at comprehensively ensuring and protecting the rights of an individual and fulfilling a service role in relation to him (Articles 1, 2, 7 and 18 of the Constitution of the Russian Federation).
Given this circumstance, one can partly agree with the authors named above, who identify the service and social state. This means that in the course of the current reforms, it is not about changing the existing constitutional paradigm of public administration, but about creating a mechanism based on modern information and communication technologies (ICT) that ensures the transformation of the above constitutional provisions into reality.
3. The practical implementation of the service state model, of course, will require the preliminary achievement of the so-called "digital equality" between the constituent entities of the Russian Federation, since without this it is impossible to ensure the guaranteed art. 19 of the Constitution of the Russian Federation equality of citizens of Russia, which, no doubt, extends to the sphere of public services. Currently, according to experts, the difference in readiness for the information society between the leading regions and outsiders is 22 times.
4. Without a doubt, those key categories that underlie the concept considered in this paper, such as “service state”, “public services”, “provision of public services”, “provision of public services”, etc., require further scientific development. in due measure and the problem of the correlation of such important concepts as "the functions of public administration" and "public services". The fact is that the "activity" approach to understanding the public service, which is used in the above-mentioned Law on Services (defining it as the activity of the relevant entities), actually identifies this concept with the delivery process. In this regard, the question arises: if a public service is an activity, then what is the provision (provision) of this service?
In addition, it is necessary to harmonize those approaches to understanding public services that
are contained in various regulatory legal acts regulating this issue (Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”, Federal Law of July 27, 2010 No. 210-FZ and the Budget Code of the Russian Federation). The basis for this could be, apparently, acting in Russia Interstate standard which sets General requirements to the service delivery process.
In this document, in contrast to the law mentioned above, the service is understood as "the result of direct interaction between the performer and the consumer, as well as the performer's own activities to meet the needs of the consumer." In turn, “the activity of the service provider necessary to ensure the performance of the service” is characterized here as the provision of the service. In other words, the service is the result of the activity for its provision, and not this activity itself.
5. Consideration in the theory of the service state of power structures as a "supplier" of public services, and citizens as their "consumers" requires that the standards of consumer protection established by the United Nations be extended to this area of their interaction. The implementation of this requirement, in turn, will require the implementation of these principles in the domestic legislation regulating the area under study.
6. In principle, agreeing with those authors who quite rightly assess the undoubtedly positive impact of modern ICT on the efficiency of existing public administration systems, some clarifications should still be made in this regard. Undoubtedly, the described technologies increase the possibilities of the politically active population in influencing state bodies (implementation of interactive monitoring, sending "electronic" appeals, the emergence of opportunities for public control over power online, etc.). However, all this, without linking it with other measures taken as part of the administrative and budgetary reforms, without the formation of a new civil service culture, will not entail the expected positive changes. In other words, the mere use of modern information technologies in the mechanism of interaction between citizens and authorities, provided for by the service state model, will not in itself entail automatic
to improve the efficiency of existing public administration systems.
7. The absence in the current legislation of clear indications that building a service state is the goal of the current reforms, as well as the “silence” in it of the “main contours” of such a state, testify to the forced commitment of the country's leadership to the strategy of incrementalism. The “tactic of small steps” chosen by him in the implementation of the current reforms is precisely due to the lack of clear and scientifically substantiated guidelines for the reforms being implemented.
8. The success of the reform being carried out in Russia to a decisive extent depends on the level of readiness of the personnel of technical organizational structures who are involved in the process of providing state and municipal services, to work in the new conditions. However, unfortunately, the situation existing here is very far from what is necessary and due.
According to authoritative experts, the level of qualification of the personnel of the above-mentioned bodies and organizations is currently a very serious "challenge" on the way to building a service state. In this regard, it seems quite reasonable to conclude that it is necessary to develop and implement a special state program for the training of employees of the MFC, as well as state and municipal authorities involved in the process of providing state and municipal services.
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Digest Finance Priorities of Russia
ISSN 2311-9438 (Online) ISSN 2073-8005 (Print)
"SERVICE STATE": A NEW PARADIGM OR MODERN TECHNOLOGY FOR PUBLIC ADMINISTRATION?
Viktor N. ZAIKOVSKII
The article reveals the essence of a "service" model of State and its role in the system of measures to improve the national system of governance of modern Russia. The author considers the existing views in literature on the essence of a service State, the main directions of practical activities on the construction of a service State in Russia, and the author is also comparing the views with the existing measures to reform Russia's public administration system.
Keywords: administrative reform, civil, service, public administration, State, municipal, new public management, reinventing government, welfare, social, e-government
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Viktor N. ZAIKOVSKII
Russian Presidential Academy of National Economy and Public Administration (RANEPA), Tver Branch, Tver, Russian Federation [email protected]
The article is adapted from the journal of "National interests: priorities and security", 2014, no. 24(261).
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