Ideas of a New Model of Public Management of the Russian Economy (Institutional and Legal Aspects)

S. Maksimov
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引用次数: 3

Abstract

The concepts of “public power”, “model of economy”, “model of economic development”, “model of public management of the economy” are considered, the definition of the concept of the model of public management of the economy is formulated as simplified to the most essential elements of the description of the economic management system using the tools of public power.Such basic elements of the system of public management of the economy as the public apparatus (institutional element) and the system of rules of economic behavior (definitions, prescriptions, permits, restrictions, prohibitions), clothed in the form of normative legal acts (normative element), are identified and described.Attention is drawn to the “cloudy” (uncertain) nature of the existing system of public management of the economy in Russia, due, in particular, to the absence of a register of state and municipal institutions, non-governmental and non-municipal organizations to which certain powers of state authorities or local self-government are delegated (including powers in the field of economics). According to the author, the uncertainty of the boundaries of the public administration system hinders effective control over the exercise of powerin the field of economics, accurate assessment of the real “administrative pressure” on business, reform of the public administration system of the economy.The underestimation of the role of courts as an important part of the system of public management of the economy is noted. The necessity of endowing the Supreme Court of the Russian Federation with the authority to give an interpretation of normative legal acts mandatory for all law enforcement officers, with the exception of issues referred to the competence of the Constitutional Court of the Russian Federation is substantiated.It is concluded that the administrative reform carried out in Russia in 2003—2004 did not ensure the achievement of the goals of increasing the efficiency of public management of the economy. The main reason for this was the disregard of the cultural experience of the country (including the real ethics of power relations), as well as the provisions of the theory of management relating to the criteria of expediency and independence of control. With a threefold decrease in the number of inspections of economic entities conducted by all categories of public control bodies in the period from 2013 to 2021, the number and number of personnel of control and supervisory bodies (including their territorial bodies) remained the same. In order to achieve the goals of optimizing the control and supervisory system, it is proposed to assess the feasibility of forming a control branch of government subordinate directly to the head of state and the law. A discussion is proposed on the possibility of achieving the goals of optimizing the system of public management of the economy based on the integration of institutions of self-regulation and compliance.The idea of reducing the volume, gap and inconsistency of economic legislation by creating a set of laws and codifying a number of its complex industries (including competitive, contractual, tariff, and business) is formulated.
俄罗斯经济公共管理新模式的构想(制度与法律层面)
对“公共权力”、“经济模式”、“经济发展模式”、“公共经济管理模式”等概念进行了思考,将公共经济管理模式的概念定义简化为运用公共权力工具对经济管理体系进行描述的最基本要素。公共经济管理系统的基本要素,如公共机器(制度要素)和经济行为规则系统(定义、规定、许可、限制、禁止),以规范性法律行为(规范要素)的形式加以确定和描述。值得注意的是,俄罗斯现有的公共经济管理体系存在“不确定”的性质,特别是由于缺乏对国家和市政机构、非政府组织和非市政组织的登记,而国家当局或地方自治政府的某些权力(包括经济领域的权力)被授予。作者认为,公共行政体制边界的不确定性阻碍了经济领域对权力行使的有效控制,阻碍了对企业实际“行政压力”的准确评估,阻碍了经济公共行政体制的改革。有人指出,低估了法院作为公共经济管理系统重要组成部分的作用。有必要赋予俄罗斯联邦最高法院权力,对所有执法人员必须执行的规范性法律行为作出解释,但涉及俄罗斯联邦宪法法院权限的问题除外。结论是,2003-2004年俄罗斯进行的行政改革并没有确保实现提高公共经济管理效率的目标。造成这种情况的主要原因是忽视了该国的文化经验(包括权力关系的真正伦理),以及管理理论中有关权宜之计和控制独立性标准的规定。2013年至2021年,各类公共管理机构对经济实体的检查次数减少了三倍,但管理和监督机构(包括其属地机构)的数量和人员数量保持不变。为了达到优化控制和监督体系的目的,提出对组建一个直接隶属于国家元首和法律的政府控制部门的可行性进行评估。在自我规制与合规制度整合的基础上,探讨了实现经济公共管理体制优化目标的可能性。通过制定一套法律和编纂一些复杂的行业(包括竞争、合同、关税和商业)来减少经济立法的数量、差距和不一致的想法是明确的。
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