Forms Of Public Control Research Articles

Законодательство об общественной экологической экспертизе: современное состояние и актуальные изменения

Public environmental assessment received its legal codification more than 20 years ago, and for this it has established itself as an effective tool for citizen participation in the management of state affairs. The article analyzes public environmental expertise from the point of view of legal regulation of public control in general and public expertise as a form of public control in particular. The changes made in December 2023 to the legislation on public environmental impact assessment are considered, and these changes are assessed through the prism of the opinions of experts from the Civic Chamber of the Russian Federation.

Public inspection as a form of public control in the Russian Federation: current problems and development prospects

Public inspection as a form of public control in the Russian Federation: current problems and development prospects

Foreign experience of implementation of certain forms of public control over police activities and ways of its implementation in Ukraine

In order to develop an effective national model of public control over police activities in general and to clarify the main aspects of interaction between the public and the police, the article analyzes the foreign experience of public control over police activities and highlights the ways of its implementation in Ukraine.
 The systematic basis of the study of forms of public control over police activities in foreign countries and the methods of their implementation is the principle of selectivity, the basis of which is the study of the international experience of politically, economically, and socially successful countries (France, Great Britain, Germany, the USA, Canada, Japan) in in which the public is actively involved in police activities.
 As a result of the study, separate ways of implementing foreign experience in public control of police activities were proposed, in particular, the expediency was determined: to define and normatively establish the grounds, forms and methods of involving citizens in the protection of public order in the new Law of Ukraine «On Public Participation in the Protection of Public Order», which needs development and adoption; to regulate in the Law «On the National Police» one of the forms of public control over police activities - participation of citizens on a voluntary basis in the protection of public order, detection, recording and investigation of the circumstances of commission of offenses and crimes and taking measures to eliminate the causes and conditions of their commission; to develop and adopt state and municipal programs for public participation in public order and security, which should determine effective, not formal grounds, forms and procedures for such activities, including establishing the mechanism of interaction between the police and the public in this area; to create the Association for the Support of Police Activities as a public organization created on a voluntary basis by citizens to participate in the activities of the police, including to improve the provision of police services to the population and public control over police activities.

Формы участия российских граждан в организации и осуществлении общественного контроля: публично-правовой анализ

The article aims to give a comprehensive analysis of the forms of participation of Russian citizens in the im-plementation of public control. The paper examines the content of the concept of “the form of participation of Russian citizens in the organization and implementation of public control” in the context of its correlation with the concept of “form of public control”, and gives the author’s definition of these concepts. The article formaliz-es and analyzes the main problems associated with the consolidation in the current legislation and implemen-tation in practice of the forms of participation of Russian citizens in the implementation of public control. The author has developed and substantiated a system of measures to resolve these problems in order to ensure optimal conditions for the participation of Russian citizens in the organization and implementation of the insti-tute of public control and its activities with optimal efficiency and effectiveness.

Correlation of Citizens’ Messages and Appeals

The article discusses the features of citizens’ messages sent to public authorities through the feedback platform “Government services. We decide together” of the Federal State Information System “Unified Portal of Government and Municipal Services” in conjunction with features of citizens’ appeals. The article marks out features that allow to differentiate these institutions, as well as to determine the legal nature of citizens’ messages: the subject, purpose, form and method of sending, form and content of replies, as well as the possibility of evaluation of answers by citizens. Based on these features, it was concluded that while the citizen’s appeal is the result of the implementation of his/her constitutional right, and because such types of citizens’ appeals as a complaint and a statement are also elements of the mechanism for protecting the rights and freedoms of a person and citizen, the messages are a form of electronic interaction of public authorities with citizens in order to quickly receive information from citizens about problems that they face in everyday life, take measures to eliminate them, as well as a form of public control.

О некоторых актуальных проблемах совершенствования общественного контроля в Российской Федерации

The author’s considerations on the essence, role, place, types and forms of public control in the mechanism of control and supervisory activities of the modern Russian state are expressed in the article. Special attention is paid to the issues of public control over the activities of internal affairs bodies. A number of proposals are made on the problems of the institute of public control.

Independent Assessment of Public Authority: Problems of Practical Implementation

In the Russian Federation, the effectiveness of public power and its institutions has been assessed relatively recently and not at all levels. Currently, the activities of senior officials and executive authorities of the regions of Russian Federation, local self-government bodies, the results and quality of public services, the activities of social organizations are subject to evaluation. However, questions arise about the achievement of the purpose of this activity, about the reflection of the introduced criteria and indicators of the influence of public authorities on the state of public life. From these problematic positions, the article examines the practice of independent evaluation as a form of public control over the activities of public authorities and organizations performing socially significant functions, examines domestic and foreign experience in creating expert analytical centers. As a result of the study, it was concluded that with the existing legal regulation of evaluating the effectiveness of public institutions, an integrated approach is not provided, which leads to a lack of a real assessment of their impact on social development. Independent evaluation is often compensated or replaced by other methods of evaluation, including quasi-evaluation, which, unlike expert evaluation, is reduced to a description of the collected data, and not to an analysis of the causes and consequences of managerial decision-making. The way out of the current situation of "quasi-evaluation" is seen in the formation of a conceptual framework for assessing the effectiveness of public power, which will require further modernization of federal legislation. An independent assessment in the modern constitutional and legal doctrine can and should be considered as a possible and necessary model of lawful behavior based on the interaction and solidarity of the individual, society and the state.

СУБЪЕКТЫ ОСУЩЕСТВЛЕНИЯ ОБЩЕСТВЕННОГО КОНТРОЛЯ ЗА ОБЕСПЕЧЕНИЕМ ПРАВ ЧЕЛОВЕКА И СОДЕЙСТВИЯ В РАБОТЕ ИСПРАВИТЕЛЬНЫХ УЧРЕЖДЕНИЙ

The article analyzes Article 23 of the Penal Enforcement Code of the Russian Federation. The problems of legal regulation are identified in terms of its correlation with the provisions of other federal laws regulating the possibility of participation of members of the public in the correction of persons sentenced to imprisonment and assistance to employees of the penitentiary system in the performance of assigned tasks. The types of public associations whose representatives can visit correctional institutions and communicate with convicts are considered. As a result of the conducted research, the author comes to the conclusion that at present a legal vacuum has formed in terms of the normative consolidation of the types and forms of public control, as well as the definition of participants in criminal enforcement legal relations in the context of assistance to bodies and institutions executing sentences, as well as those sentenced to imprisonment by civil society institutions.

The concept of content and forms of public control over the activities of law enforcement agencies. T

The concept of content and forms of public control over the activities of law enforcement agencies. T

Развитие форм общественного контроля над акционерными обществами

An increase in the number of shareholders which is typical for public joint-stock companies leads to the fact that the direct management of the assets of a joint-stock company is concentrated in the company's top management (top managers) who, not being the owner of its capital, manages it as its own capital. Such inconsistency of the management system in a joint-stock company gives rise to the need to develop external control over it on the part of all other participants in the modern market represented by participants in the stock market, the state, and the public (citizens). The main forms of control on the part of the stock market are the groups of relations regarding the purchase and sale of shares leading both to a change in the composition of shareholders and to a change in the company's management. The most significant part of the relations of the stock market leading to the change of the top management of the company at the will of the market participants relates to the market of corporate control. State control in the sphere of the functioning of joint-stock companies covers not only the regulation and control of their activities but also includes the direct presence of the state as a shareholder of a number of companies important for the country's economy. However, the controlling participation of the state is strongly opposed by those who defend the relationship of private ownership of capital. Civil control over the activities of joint-stock companies is based on the broad development of the media and on the growth of public consciousness in the direction of protecting the environment from the negative impact of capital relations on it. The deep reason for the development of various forms of public control over the activities of joint-stock companies is the transformation of modern society into a society of shareholders, i.e. into a society in which the majority of citizens are not just direct or indirect shareholders who receive their income from share capital but also persons interested in making this capital socially useful.

Сущность общественной экспертизы как формы общественного контроля

The problem is posed by the fact that under the current conditions, public expertise does not reveal the potential of its social significance, it is required to resolve issues of initiative, expanding the objects of public expertise, proper acceptance and accounting for the results of expertise, responsibility for ignoring them, as well as the ratio of types of public expertise based on their level regulation. The purpose of work is to identify and analyze the essence of public expertise as a form of public control. The subject of the study includes the regulatory framework for organizing and conducting public expertise as a form of public control, doctrinal approaches to the essence and content of public expertise, as well as the practice of conducting it. The methodological basis of the presented work is modern general scientific methods and techniques of cognition. We use dialectical, structural-functional, formal-legal, comparative-legal, system-structural and other methods. We establish that the legislative definition of public expertise provides in its content for the evaluation of not only normative legal acts and their drafts, but also other documents, as well as actions (inaction) of public authorities, however, in practice, normative legal acts and their drafts have become the main object of public expertise, which actually limits its essence and purpose.

ОБЕСПЕЧЕНИЕ ФУНКЦИИ ОБЩЕСТВЕННОГО КОНТРОЛЯ В ДЕЯТЕЛЬНОСТИ РЕГИОНАЛЬНЫХ ОБЩЕСТВЕННЫХ СОВЕТОВ В КУЗБАССЕ

T^e subject matter of the paper is the consideration of the public control forms through the information content of the official websites of public council acting at the regional authorities of the Kemerovo Region - Kuzbass. The purpose of the study is to identify the main forms of public control through the system of information content of official websites in the activities of public councils at the regional authorities of the Kemerovo Region - Kuzbass. The methodology of the study was based on two groups of methods and methodological approaches. The theoretical approaches of the study were the structural-functional approach of T. Parsons and the legal and regulatory approach. The empirical part of the study included the results of processing quantitative and qualitative data from public council websites using the content analysis method. Most of the pervious researches on the issue review features and prospects of the public councils1 activities at the federal level, or the dynamics of the public councils1 development under regional authorities. In the conducted study the activities of 40 public councils operating as of January 1,2022 have been analyzed. The authors have analyzed the minutes of meetings for the period of 2019-2021 as the main source of information. The study focuses on the issues characterizing the work of public councils - the topics of the meetings, social and occupational features of the councils1 staff, which ultimately has made it possible to assess the forms of exercising public control over the authorities. It is observed that such studies are aimed at solving the problem of systematizing data on the activities of regional public councils with subsequent informing the regional authorities. The study has noted a positive trend in the content of public council websites. The significant problems identified include a low level of exercising the function of public control in the work of social activists and the use of a limited number of forms of public control

INSTITUTIONAL PRINCIPLES OF FORMATION OF PUBLIC CONTROL MECHANISMS IN THE ACTIVITIES OF STATE AUTHORITY BODIES

The target orientation of the study of the problem of public control is determined by the need to form the theoretical and methodological foundations of public administration in the context of the modern paradigm of social development – the systemic reboot of power and, accordingly, the forms and methods of public control. The increasing complexity and dynamism of the political changes taking place in Ukraine, the influence of the external environment, which increases the level of competition in the markets of goods, services, capital and labor, require efforts to create an effective state mechanism for development, analysis, implementation, and control. The success of public administration is determined by the intensity of application of the latest approaches and methods of analysis, planning and control of public administration activities, as well as organizational structures and information systems. In modern conditions, the essence and content of public control is changing, which requires a fundamentally new approach to the implementation of functions, powers of both general and special competence. It has been proven that the implementation of public control is one of the necessary conditions for the establishment of a democratic, legal state and the development of civil society in accordance with European values. The article focuses on forms of public control and features of modern scientific approaches to the rationalization of public control mechanisms. It has been established that public control is an integrative concept that combines state, public, non-governmental, civil, political and other forms of controlling influence on the system of social relations. It is proposed to define the mission of public control in the context of the unwavering provision by the authorities of the constitutional rights and duties of citizens, the powers of management institutions, and the implementation of the constitutional principles of the functioning of the state. The expediency of introducing special mechanisms for ensuring public control is considered, both in the system of a stable state of the system of public administration, and in special conditions, in particular, in the conditions of martial law.

PROGRAM-TARGET PRIORITIES OF ECONOMIC DEVELOPMENT OF THE MINING INDUSTRY OF UKRAINE

Introduction. The subject of the research is the рrogram-targeted priorities, relevant for all regions of Ukraine, combine measures to improve mining on an ecological and economic basis, as well as support for research and innovation. The purpose of the article is to substantiate the program-target priorities of economic development of the mining industry of Ukraine with clarification of features for the Dnieper-Donetsk and Western regions. Method (methodology). The theoretical and methodological basis of the study are scientific developments of domestic and foreign scientists related to various issues of development of mining. The following methods were used in the research process: comparative analysis – to study the trends of program-target priorities for the development of the mining industry; systemic approach – to form a coherent approach to ensuring development with the involvement of international capital and intensification of interstate cooperation in the context of sustainable development and transformation of the national economy. Results. It is proposed to distribute program-target priorities for the development of the mining industry, which are relevant for all regions of Ukraine and with a specification for its main oil and gas regions. In substantiating the problematic aspects of the development of the mining industry of the Western region, the urgency of private economic priorities, expressed in the need for privatization, the formation of cluster associations, creating conditions for various forms of public control. It was determined that security priorities for economic resuscitation, eco-modernization priorities for reclamation, modernization of the industry and retraining of laid-off workers, as well as European integration priorities with international capital and intensification of interstate cooperation should dominate the Dnipro-Donetsk region. It was found that the European vector of economic integration of the mining industry of the Dnieper-Donetsk region allows to use the benefits of European policy in the field of critical raw materials, implement progressive management practices to reduce raw material dependence through circulating resource use, environmentally friendly products and innovations. for industrial ecosystems, increasing the use of domestic sources of raw materials and diversifying supplies from different countries.

ГРОМАДСЬКИЙ КОНТРОЛЬ ЗА ДІЯЛЬНІСТЮ ОРГАНІВ ПРОКУРАТУРИ ЯК ГАРАНТІЯ ДОТРИМАННЯ ПРАВ ЛЮДИНИ В УКРАЇНІ

The article reveals the features of public control over the activities of the prosecutor's office as a guarantee of human rights observance in Ukraine. It has been established that the public control carried out over the activities of the prosecution authorities is defined as the activities established by law, which are carried out by members of the public. It has been determined that the key institutional elements of such control are the subject of control, the object of control, the subject of control, and the procedures for release from control. It is noted that there are such forms of public control over the activities of the prosecution authorities, such as: public participation in the processes of discussion and preparation of legal documents; appeal of citizens or civil society institutions in direct form, together with representatives of the media, to the prosecution authorities in order to obtain information from them about the features and results of their activities; participation of citizens and/or civil society institutions in the selection processes of candidates applying for positions in the prosecutor's office; conducting surveys of citizens in their opinion about the features and results of the activities of the prosecutor's office. It has been found that ensuring constant and thorough public information about the activities of the prosecution authorities on the observance of human and civil rights and freedoms will help to increase the level of confidence of citizens and society as a whole to the activities of the prosecutor's office and prosecutors in particular. It is noted that the prospects for further research in this direction is to study the features of judicial control as one of the key guarantees of the activities of the prosecutor's office for the observance of human and civil rights and freedoms in Ukraine.

Control and supervisory function of the National Ombudsman in the activities of law enforcement agencies aimed to ensure the well-being of society

The institution of the Ombudsman in national human rights protection systems plays a significant role in the implementation of the rule of law. The rule of law is a fundamental legal principle of sustainable development. All citizens have equal rights that guarantee the well-being of society. Disclosure of the essence of the in-stitution of the Ombudsman, determination of its legal nature is impossible without its functional characteristics, which is also important for the practice of state and legal development, increasing the efficiency of the implementation of state func-tions. The purpose of this study is to analyse the experience of foreign countries regarding the organisation of the Ombudsman's control and oversight function and formulate proposals aimed at improving the institution of the Ombudsman in Kazakhstan on this basis. The study uses theoretical, general scientific, and special research methods. First of all, the composition of law enforcement agencies was determined, including its structural features in Kazakhstan, and their functional purpose. The regulated control and supervisory powers are outlined to suppress il-legal actions of law enforcement agencies. The typologisation of the system for the implementation of the control and supervisory function in the activities of law enforcement agencies was carried out according to its subject composition. The structural and functional features of all the noted forms and levels of implementa-tion of the control and oversight function are considered, with the allocation of the Commissioner for Human Rights in Kazakhstan as the leading subject. The analy-sis of the dynamics of quantitative and qualitative indicators of the activities of the Ombudsman of Kazakhstan in the process of implementing the control and supervisory function in the activities of law enforcement agencies. The national preventive mechanism as one of the forms of public control of the institutions of the law enforcement system of Kazakhstan is investigated, the effectiveness of its implementation is assessed.

Public observation as a tool of election legitimacy

The author of the article considers election observation as a form of public control provided by civil society to contribute to election legitimacy and to strengthen voters’ confidence in the election results as well as in the legality of the legislative branch. The article analyzes the practice of video broadcasting of voting process, the cases of public observation done by public chambers at the elections to the State Duma in 2021. The conclusion is made about the need to improve the legal regulation of public control at elections. The author proposes to appoint election observers in places of detention with this right to be realized by civic monitoring commissions. Since elections are a form of democracy, it is important to expand the possibility of public control in the federal legislation not only over the vote, but also at the previous stages of the electoral process federal legislation

Правовое развитие общественного контроля в сфере образования и науки

The article analyzes subjects and forms of public control in science and education, the author singles out among such subjects the Public Chamber of the Russian Federation and public chambers of the constituent entities of the Russian Federation, public councils under federal executive authorities and public councils for the independent evaluation of quality of educational activities of organizations as well as public organizations and public supervisors. The following public control forms are characteristic of education: pedagogical examination of bills; independent evaluation of quality of education; creation of ratings in education; public accreditation of educational institutions; professional and public accreditation of educational programs; monitoring in the system of education; participation in management of educational institutions.

ГРОМАДСЬКИЙ КОНТРОЛЬ ЗА ДІЯЛЬНІСТЮ ПУБЛІЧНИХ СЛУЖБОВЦІВ В ОРГАНАХ СУДОВОЇ ВЛАДИ

The article describes the general characteristics of public control over the activities of public servants in the judiciary. The concepts of «public control» and «public service in the judiciary» are studied. Based on these approaches, the proposed scientifically sound definition is proposed. The normative and legal basis for exercising public control over the judiciary in Ukraine is indicated. The peculiarities of such activity are determined. Scientific provisions on the forms of public control over public servants in the judiciary are studied, including the following: sociological and statistical surveys, public hearings, public examination of acts of public authorities and their projects, publications in the press, radio, television, online publications Internet; public examination, public participation in the work of collegial authorities, inspection of the activities of any organization or responsible person, analysis of citizens' appeals, results of activities, etc. It is concluded that high-quality and effective activity of the judiciary is the key to the development of a democratic, legal and social society and the state. However, in order to ensure a high level of work of this branch of government, in particular public servants in the judiciary, it is advisable to have an institution of public control, which aims to verify the objectivity and transparency of the system through various techniques and measures. It is argued that public control is in no way an instrument of coercion, with its help it is impossible to control, to order the judiciary to take certain actions. Of particular importance in this area is the issue of consolidating organizational forms of such control, but today it is not regulated by law, which necessitates the development and adoption of a special legislative act on the activities of public control entities and forms of such activities. It is determined that the issue of consolidating organizational forms of such control is of special importance in this area, but today it is not regulated by law, which necessitates the development and adoption of a special legislative act on the activities of public control entities and forms of such activities.

Citizen involvement in urban planning process in Russia

The paper examines citizen involvement in the urban planning process. Although different forms of public control have been established in Russian legislation application of western approaches for urban planning process, organizations face low interest from local communities, on the one hand, and inability of local authorities to work with public initiative, on the other. The research is based on the multidisciplinary approach. The methodology includes deliberative democracy, advocacy planning conceptions, spatial economic theory, and urban studies. Methods of system, institutional, comparative analysis, focus groups and content analysis are used. The research has been conducted based on the materials of public space renovation projects in some major cities - regional capitals in Russia. The empirical base of the research includes acts regulating the urban planning sphere, mass media content about urban space renovation projects, materials from focus groups with representatives from local authorities and initiative citizen groups. The paper represent results of the international scientific research project “Legitimacy, urban planning and sustainability in Russia and Sweden (LUPSRUSS)” which was funded by the Swedish International Centre for Local Democracy (ICLD).