Reform In Russia Research Articles

Outsourcing elderly care to private companies in Russia: (non)compliance and creative compliance as responses to the principal-agent problem

ABSTRACT Why do regions (non)comply or creatively comply in response to federal-driven reforms in Russia? This article studies the interplay of interests and incentives prompted by a contract between a principal and agents on the one hand, and shaped by the regional socio-economic context on the other. The analysis proved that the incapacity of the public sector to satisfy the societal demand for services in urbanised areas encouraged compliance. The creative compliance results from a need to demonstrate commitment to the reform in regions with a lack of favourable conditions. Non-compliance is adopted in ethnic republics and in relatively poor regions.

Конституционная стабильность в свете реформы Конституции РФ 2020 года

Introduction: the stability of the constitution is a special kind of stability, because if its relevance to rapidly changing social relations is usually fundamentally important for a normative act, then the constitution is largely designed to restrain the paroxysms of social development, carry the values of society through time and preserve the main directions of its development. The study attempts to give an answer about the prerequisite for the most natural and correct change of the constitutional act, despite the fact that, ultimately, it may depend on the specific conditions of constitutionalism in each individual country. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the method of analysis and the system method. Results: the imperative of necessity and prerequisites for the reform of constitutional acts are formulated, the logic and inevitability of the 2020 constitutional reform in Russia are noted, and at the same time, its internal features, which in the future may increase the frequency of constitutional changes. The conclusions are drawn that the stability of the constitutional act should not mean its immutability at all; the answer to the question about the prerequisite for the most natural and correct amendment of the constitutional act depends on the interpretation of the essence of the constitution: if the constitution is a normative act of the highest legal force, then the constitutional text will lose any degree of conformity with the needs of society and the state; if it is a social contract, then the conditions of the latter will be changed by its participants; if it is the act of fixing the alignment of political forces, then there will be a change in such an alignment; if it is a “change management tool”, then there will be a change in the “core of consent”; in each of the above interpretations of the essence of the constitutions, the time for changing the domestic Basic law, apparently by 2020, has really come, and therefore, the 2020 constitutional reform, despite the ambiguity of its assessments, is a logical development of the state in Russia.

The Content of Acquisitive Prescription Criteria in the Doctrine and Law Enforcement Practice

The author analyzed the practice of general jurisdiction courts and commercial (arbitrazh) procedure courts in cases related to acquiring property rights by way of acquisitive prescription heard in 2020–2021. The aim of the study is to determine the degree of influence of legal positions that have been developed in domestic judicial practice on the project of reforming the institution of acquisitive prescription in Russia. The analysis of the array of court decisions resulted in the determination of the content of the acquisitive prescription criteria in law enforcement practice of Russian courts, identification of the problems related to the procedure for recognizing the right of ownership of real estate in the order of acquisitive prescription in court, and proposals for solving them. The author makes conclusions about the preparation of a draft Russian reform of the institution of acquisitive prescription without taking into account the legal positions developed in the practice of courts of general jurisdiction and commercial (arbitrazh) courts in cases of acquiring property rights by way of acquisitive prescription.

Coordination of local authorities in Russia and Spain: comparative legal research

One of the consequences of the 2020 constitutional reform in Russia is introduction into Russian legislation of the «coordination» concept in relation to the public authority’s activity. So far this legal institution has not received detailed regulation. The institution of coordination of the local authorities’ activities has long been known to foreign legal orders, including Spanish legislation. Taking into account the current reform of the Russian legislation on local self-government, the author substantiates the relevance and timeliness of the study of Spanish experience in this sphere. The purpose of the article is to analyze the legal basis and nature, procedure and conditions for applying the institution of coordination of the local authorities’ activity in Russia and Spain, to determine the possibility of implementing the Spanish experience into the Russian legal order. The methodological basis of the study involves general scientific methods of analysis and synthesis, as well as comparative legal and historical methods. Russian and Spanish legislations, law enforcement practice, doctrinal approaches to the research topic have been investigated. Based on the study, the author comes to the conclusion that Spanish experience in this field is relevant for Russia. The institution of coordination in relation to the activities of local self-government bodies in Russia requires more detailed regulation. The author proposes approaches for the complex use of the institution of coordination in order to achieve an optimal balance between the elements of centralization and decentralization of public power.

Transformation of the Status of the Constitutional Court: Search for a New One or Return to the Past?

2020 was the year of a major constitutional reform in Russia, which affected various aspects of the state structure. The Constitutional Court of Russia was no exception. The Russian Constitution has been amended to change the composition, powers, principles and guarantees of the Constitutional Court of the Russian Federation. These amendments have been concretized and significantly deepened by the amendments to the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. This article attempts to analyze the constitutional and legislative changes in the status of the Constitutional Court and determine whether the new regulation is completely new or whether it continues and consolidates the already established trends in the development of the Court, and, possibly, returns the Constitutional Court to its origins. In the course of the study, methods of formal legal analysis were applied, as well as elements of historical and legal analysis. The main result of the study was the conclusion that the reform of 2020 consolidated and continued trends noticeable over several years in the practice of the Constitutional Court, namely, the strengthening of the Court in the system of public authorities, a decrease in the composition, a decrease in publicity and openness, as well as the formalization of the process. Positive innovations should be considered the constitutional consolidation of the Constitutional Court as the highest judicial body of constitutional control, the expansion of the subjects of complaints about the violation of constitutional rights and freedoms, the constitutional consolidation of the status of interpretations in the decisions of the Court and the legislative consolidation of the foundations of the mechanism for systematic execution of decisions. At the same time, the reduction of the composition, the transformation of the Court’s powers into the sphere of preliminary control, the reduction of guarantees of the independence of the Court and constitutional judges, and the strengthening of written procedures appear to be controversial and undesirable. In general, the constitutional and legal status of the Court has not under gone significant cardinal changes in the course of the reform and is, perhaps, not the beginning, but the result of there forms taking place since 2009.

М.М. Сперанский: особенности российских реформ

The purpose of this article is to analyze the significance and political role of M.M. Speransky as the first theorist and methodologist of Russian reforms based on a rational, scientific approach, with a focus on identifying the civilizational, mental and political specifics of Russia. The article used such methods as historical, comparative and hermeneutic. Speransky was the founder of a special conservative-liberal trend in Russia, according to which, when carrying out any reforms, it is necessary to take into account the stable monarchical, autocratic traditions of public consciousness. He considered optimal the option of "reforms from above" controlled by the supreme power and the state apparatus, with the preservation of guarantees of stability and legality of socio-political processes. Historically, the institutions of the autocratic system were considered by Speransky not as "political rudiments", but as effective "levers" and "mechanisms" for carrying out the necessary transformations. According to Speransky, the reform strategy should include an in-depth analysis of well-thought-out preparatory measures and rational consistency of all elements of the reform program. Social transformations should be cautious, gradual, step-by-step, excluding any drastic, radical steps and measures. At the same time, the most important factors were both the enlightened nature of the state power itself, and the purposeful processes of public education, political education initiated by the authorities, and the formation of a mature legal consciousness in society in the direction of the development of civil society. The conservative-liberal path of reforms under the leadership of the supreme power was opposed by M.M. Speranian revolutionary and radical-liberal methods of socio-political transformations, which have destructive, destructive consequences for the country.

STOLYPIN PETR ARKADYEVICH AND THE BASIC COMPONENTS OF HIS PROGRAM MODERNIZATION OF RUSSIA: BUILDING A LEGAL STATE AND CIVIL SOCIETY

The article provides separate facts of the biography of the great Russian reformer Pyotr Arkadyevich Stolypin, some of the components of his program for the reconstruction of Russia stand out. Based on the results of research by L.Yu. Kazanina, which are based on an empirical and theoretical, historiographic approach to the study and analysis of the periodical press, which presented the main socio-political views of the early twentieth century; documents that make up the concept of reforms of P.A. Stolypin; programs of the main political parties of Russia of the specified period; materials of the I and II State Duma, the State Council of Tsarist Russia, containing the basic components of the modernization of Russia, developed by P.A. Stolypin. Emphasis is placed on certain provisions for building a legal state, civil society, which are part of the program for the modernization of Russia.

Retrospective Result Analysis of Land Reforms in the Russian Federation

The existing system of land relations requires better organizational and economic mechanisms, search for new ways to increase its efficiency and competitiveness. Land reforms in Russia focused on land privatization transformed the entire system of land relations. Undeveloped state regulation and the difficult financial situation discouraged most agricultural producers from reproducing land resources. The present paper aims to conduct a post-event analysis of land tenure strategies, regulatory and legal acts and scientific and methodological support of land reforms in Russia. The existing approaches to studying theoretical and methodological issues of land relations regulation, shortcomings in methodological and legal support, the practical need for new methods and tools for effective land management in the agricultural sector have predetermined the relevance and significance of the research topic. Research target is the territory of the Russian Federation, the creation of a system of land ownership and land use adapted to the market economy. The study involved analyzing statistical data on agricultural production in combination with quantitative and qualitative indicators of land resources. The work provides a wealth of experience in land transformations, planning and forecasting the Russian territories' socio-economic development, and working out land management methods, which can be applied in other countries.

Constitution and International Law: A New Model of Interaction

The paper analyzes the constitutional reform in Russia with an emphasis on the constitutional amendment on the interaction of the norms of international law and national legislation within the domestic legal system. Constitutional provisions and doctrinal approaches enshrined there play an important role in ensuring stable and predictable international relations. The paper discusses the possibility of applying two classical doctrines on the relationship between international and national law (dualistic and monistic) to the definition of the characteristics of amendments to Article 79 of the Constitution of the Russian Federation. The authors substantiate the necessity of introducing constitutional amendments from the point of view of the development of international relations and the maturation of domestic political, economic and social conditions over the past decades. Some doctrines of interpretation of international treaties of interstate bodies and the possibility of determining the parameters of their execution in the legal system of Russia are considered. It is concluded that the new model of interaction between international and Russian law corresponds to the principle of sovereign equality of states enshrined in the UN Charter. The authors summarize that the supplement of the constitutional norm under consideration clarifies the constitutional model of the relationship between international and Russian law. It allows for the full implementation of the provisions of the Constitution of the Russian Federation, as well as the execution of international legal acts, including decisions of interstate bodies that comply with the Constitution of the Russian Federation, which eliminates possible threats to destabilize the rule of law of the state. Thus, we are not talking about adopting a radical model of the primacy of national law over international law, but rather about adapting the doctrine of dialectical interaction between Russian and international law to the needs of modern development of our state.

Education in Russia: Unsolved problems and searching for solutions

Subject. The article considers the educational system reform in Russia. Objectives. The aim is to formulate recommendations for the Russian education system development, taking into account changes in the needs of the national labor market and human capital formation trends. Methods. We employ methods of logical and statistical analysis. Results. The study states that the low level of financing (3.7 percent of GDP in 2020) leads to a decline in the number of academic and teaching staff and students, and the quality of education, in general, is degrading. The introduction of the uniform State exam reduced the motivation of school leavers to enter universities and colleges. Conclusions. It is crucial to pay attention to the development of higher education institutions in regions. The main problem is to update the material and technical facilities.

<i>A Natural Community of Interests and Sympathies</i>: Russia and America in the 19<sup>th</sup> Century

This brief review of the first century of Russian-American relations seeks to explain why the profound conflict between the ideological foundations of the two states — an autocratic empire and a democratic republic — did not hamper the relations between them for a long time. Focusing on such events as the American War of Independence, Napoleonic Wars, the Crimean War, and the American Civil War, the study, informed by neoclassical realism and philosophy of culture, discusses the logic of political and sociocultural interactions between the two states over a period shaped by great historical upheavals and social transformations. Autocratic Russia despite its ideological basis welcomed the birth of the American republic, helped it to survive, grow, overcome its internal divisions, and rise to a world power status. This seeming paradox is explained primarily by the historical-specific configuration of the national interests of Russia and the USA. The geographical distance between the two countries precluded geopolitical conflicts between them, while Russia’s role in the rivalries between the great powers of Europe corresponded to the geopolitical interests of the USA. Unlike West European powers, Russia did not object to the US drive for hegemony on the American continent, and neither did the US obstruct Russia’s territorial expansion in Eurasia. Geopolitical cooperation was reinforced by the mutual interest in trade. The congruence between the two countries' national interests was discovered during the American War of Independence and continued to exist until the early 20th century. The ruling elites on both sides kept the inherent ideological conflict between Russia and America from undermining the two nations’ cooperation. In times of liberal reforms in Russia, regarded in the US as proof of the universality of American ideas, the ideological conflict seemed to wane, but Russian- American cooperation continued even under more repressive Russian regimes. The situation changed when a combination of international and domestic factors caused frictions between their national interests and spurred their ideological conflict. The two countries’ expansionist drives in the North Pacific region made them rivals in the struggle for regional influence. Meanwhile, turbulent changes in American society in the late 19th – early 20th centuries generated an intensive reaffirmation of the American national creed. The new ideologization of America targeted Russian crisis-stricken tsarism as a system opposed to democratic values. American public opinion shifted from friendship with Russian tsars to advocacy of Russian freedom. This case study contributes insights into the historical evolution of Russian-American relations and the general problem of the role of ideology in international relations.

Impact of the compulsory military service reform of 2007–2008 on the demand for higher education

This study evaluates the effect of a compulsory military service reform conducted in 2007–2008 on the demand for higher education in Russia. The reform shortened the conscription term (from two years to one year), abolished several deferments, and significantly reduced the number of military departments in Russian universities, which provided an opportunity to avoid being conscripted as a private. The difference between the Russian reform and the armed forces reforms carried out in several European countries in the 1990s–2000s lies in the fact that compulsory military service was not abolished completely. Based on data compiled from the Russian Longitudinal Monitoring Survey, we find that the men affected by the reform are, in general, approximately 12% less likely to graduate from higher education. The effect is more pronounced for men from cities and more advantaged family backgrounds. Army veterans exhibit steadily lower demand for higher education irrespective the reform.

The Fight for Economic Reform in Russia, 1990–1991

This article researches not a big, but an important period in the modern history of Russia, which became a transitional stage from a socialist to a market economy. It analyzes the main characteristics of the country’s economy and the circumstances of the transition to the market. The leading role in transforming the economic and political system belonged to the Congress of People’s Deputies of Russia. The “economic” sovereignty of the republic has become the core of Russia’s state sovereignty. The implementation of the declaration required changes in legislation and the management system. Freedom of entrepreneurship, banking, loans, and other innovations have set the task of creating clear and reliable forms of property rights and corresponding guarantees of the state. Normative legal acts of the Congress of People’s Deputies of the RSFSR and the Supreme Soviet of the RSFSR adopted to establish Russia’s economic independence and the transition to market relations caused a “war” of laws, in which the presidents of the USSR and Russia, Union and Russian deputies, ministers and regional leaders participated.

Archpriest Avvakum and Patriarch Nikon: Life and ministry through the eyes of Old Believers

The article is devoted to a comparative examination of important historical and literary sources reflecting the attitude of Old Believers to the leaders of two opposing ideological currents of the era of church reform in Russia: the autobiographical Life of Archpriest Avvakum and the anonymous “Decorated Tale” (or “anti-life”) of Patriarch Nikon, written by Old Believers in the 18th century. This consideration makes it possible to assess the position of the Old Believers in resolving the issue of true faith, true priesthood, attitude towards the Church and secular authority. The heroes of the two considered non-canonical Old Believer “lives” go to their goal and achieve it, resorting to the help of miraculous otherworldly forces — light (divine) and dark (antichrist), entering into direct communication with them, like the New Testament apostles or ancient prophets.

Pension Reforms and the Informal Sector: Modeling of Income Groups Behavior

A 2018 article by the authors described a dynamic behavior model of the agents’ population belonging to different income groups in the transition from a pay-as-you-go to a mixed pension system. The model is based on the assumption that wealthier participants are characterized by a lower rate of income discounting, which effectively means an orientation toward a longer planning horizon. In this paper we propose and explore an advanced model. It significantly improves the approximation of trajectories observed in Argentina after the pension reform of 1993, which is largely similar to the failed Russian reform of 2002. The model shows that as income increases, the share of the corresponding income group who prefers keeping in the shadows should fall. This pattern is consistent with observations. The model helps to explain why pension reforms in many countries have resulted in an expansion of the shadow sector. The impact of the minimum pension, the rate of return on pension savings and the retirement age on the levels of participation of different income groups in the pension system is studied. Based on the results, we formulate recommendations for continuing the pension reform in Russia.

Risk-oriented approach of state control (supervision) and municipal control in relation to secondary schools (sociological survey)

The control and supervisory activities’ reforms in Russia are actively underway: a risk-oriented model during organising the control (supervision) is being introduced. Some control and supervisory agencies implement such model from 2015. The Federal Service for Supervision of Education, despite the lack of a legislative framework at the federal level, recommended to the regions to implement elements of a risk-based model independently. In this regard, it is important to analyse what has changed for educational organisations, what is their attitude to new forms and methodologies of control (supervision). The analysis will make it possible to more thoroughly determine the directions of state policy implementation in the field of risk-oriented model of control and supervisory activities, adjust mechanisms, and adopt appropriate recommendations.

Private Higher School of Russia: history and current problems of study

The object of the study is the system of non-state higher education in Russia. The subject is the analysis of historical research devoted to the difficult process of formation and development of a private higher school in Russia in various periods of national history. The methodological basis is the dialectical principles of the relationship between the process and the result, individual, special and general. In addition, there is a systematic approach that helps to identify the state of knowledge of the stated problem. A comparative historical method has also been used to explain the historiographical facts of the history of private education in connection with the historical situation, a retrospective method that contributes to complementing the picture of the development of historical and pedagogical events in our country. Relevance of the research topic. Democratic reforms in Russia in the 90s of the XX century contributed to the creation of conditions for the emergence of a non-state higher school. The State Higher School was unable to respond promptly and on a large scale to the changing situation in the country, the growing interest in education, the emergence of new professions and specialties, the provision of additional earnings to the teaching staff of state universities, etc. In these conditions, the non-state sector of higher education has experienced its rebirth, which is waiting for its reflection. The scientific novelty and theoretical significance of the conducted research are as follows: the trends in the development of the Russian system of private higher education from the moment of its birth to the present are outlined; the definition of the term "private higher school" is given; conclusions were drawn in the article about the state of domestic knowledge on the history of private higher school.

Conceptual way of cognition of judicial reforms in Russia (peer review on the monograph of V. M. Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)". RANEPA, Derzhavinsky Publishing House, 2021. 660 p.)

This article provides a peer review of the conceptual monographic research of PhD in Law, Docent Valentina Mikhailovna Bolshakova “The Dynamics of Judicial Reforms in Russia in late XIX – early XX centuries (historical-legal research)”. The relevance and timeliness of the monograph are determined by the need to acquire the knowledge on the judicial sphere for the purpose of implementation of the effective and fair justice, as well as establishment of an optimal and modern judicial system. The solution to this problem is requires scientific substantiation. The Russian historical-legal science has accumulated a vast number of works that describe the functionality and social role of the judiciary. However, there are no research within the historical-legal literature dedicated to the dynamics of judicial transformations in the structural, organizational, and functional aspects of the judicial system. The monograph of V. M. Bolshakova successfully fills the gap in the field of studying judicial structures, representing fundamental research on the dynamics of the Russian judiciary, which is well-founded from a general theoretical, applied and historical perspectives. It not only reveals the details of the structure of the judicial system at various stages of its existence, but also the causes and consequences of judicial reforms and transformations. The authorial analysis of the judicial reforms also contains the concept of their dynamics. The examination of judicial institutions is of particular value.

ЗАКОНОМЕРНОСТИ ТРАНСФОРМАЦИИ ВЗАИМОДЕЙСТВИЯ ГОСУДАРСТВА И КОНФЕССИЙ В ДОРЕВОЛЮЦИОННОЙ РОССИИ

T he article is devoted to identifying patterns of transformation of interaction between the state and confessions in pre-Soviet Russia. The object of the research is the state approach to state-confessional relations. The subject of the research is the influence of liberalism's ideas on religious reform in Russia and the Soviet Union. The purpose of the research is to examine the conceptual and practical aspects of religious reform in Russia and the Soviet Union. The authors have revealed that the interaction between state and confessional spheres during this period has developed according to the direction of reformatory activity of rulers, who sought to bring the religious sphere under a single principle, embodied in the formation of the church concept of power. The novelty of the research is associated with the justification of the existence of two trends influencing the confessional policy of the state, one of which is associated with the desire to achieve a greater degree of religious freedom. The other is related to the desire to preserve order, which is realized in a number of restrictive measures in relation to other religions and protectionist measures in relation to Orthodoxy. The article proves that in the early twentieth century these processes are significantly transformed, being influenced by the reforms, the implementation of which eventually led to the beginning of the era of liberalization, which legislated the norms of natural law and constitutional order

The Drama of Russian Westernism: the Social Ideal in the Novel by Ivan Turgenev “Smoke”

Turgenev's novel “Smoke” is written in the genre of satire. It presents a caricature of russian revolutionaries and reactionaries of the 1860s. For a long time, literary critics have been arguing which of them Turgenev ridicules more. In this article we will change the angle of view. We will try to reconstruct the system of social views of 1865—1867 years in Russia, outlined in the novel. The main hypothesis of this article is that Turgenev during this period had seen the danger of merging slavophiles and socialists into a single coalition of «samobytniki». This coalition opposed the liberals. It defended the backward rural community, rejected the achievements of western civilization and hindered liberal reforms in Russia. In the novel «Smoke» Turgenev contrasted the program of «samobytniki» with the program of russian westernism.