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Administrative and municipal law
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On the Issue of Forming a System of Strategic Planning Documents as Management Acts


Ishchenko Alexander Alekseevich

Postgraduate student, Department of State and Legal Disciplines, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation

119571, Russia, g. Moscow, ul. Prospekt Vernadskogo, 82, str.1

3a.bcex@gmail.com
Other publications by this author
 

 

DOI:

10.7256/2454-0595.2023.3.39966

EDN:

TLPANU

Received:

13-03-2023


Published:

04-08-2023


Abstract: In the process of implementing public administration, the implementation of the provisions of the current legislation on strategic planning has an essential role and significance. Effective provision of the latter makes it possible to achieve short-term, medium-term, long-term goals and objectives formed at the state, regional and municipal levels. The subject of this study is strategic planning documents in the context of their application as management acts. The purpose of the work was to conduct a study of the features of strategic planning documents as management acts, identify existing problems in the array of strategic planning documents, as well as identify priority areas for improving the mechanism of legal regulation of strategic planning in the Russian Federation. To achieve the goal, the provisions of the current legislation and the positions that have developed in the legal doctrine with the use of general and special methods of scientific research are considered. A comprehensive analysis of existing approaches allowed us to draw a number of conclusions regarding the legal nature of strategic planning documents as acts of public administration, to identify a number of characteristic features for them. Proposals are formulated regarding the place of strategic planning documents in the system of public administration acts and the prospect of further development of legislation on strategic planning, as well as priority areas for further scientific research of this legal phenomenon. The data obtained can be used in the process of theoretical understanding of topical issues of strategic planning and practical activities to improve legal regulation in terms of the application of strategic planning documents.


Keywords:

public administration, management acts, strategic planning, strategic planning documents, administrative and legal regulation, legal mechanism, state goal-setting, legislation, executive governance, administrative and legal mechanism

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Public administration is an important element of ensuring the most important processes in the state: national security and protection from threats, law and order, socio-economic development, including the quality of life of the population, the level of medicine and education, demographic indicators and much more. Public administration is implemented with the help of various components, among which it is advisable to include strategic planning. In the study of topical issues of strategic planning in relation to the effectiveness of its application, scientific and practical interest is the study of the features of strategic planning documents as acts of a managerial nature, identifying existing problems and determining prospects for further development. In the current political and socio-economic realities, in the conditions of sanctions pressure and growing tension in the world community, the importance of improving the quality of strategic planning as a component of public administration is only increasing, which determines the expediency of further research in this direction.

It should be noted the specifics of the relationship between public administration and strategic planning. According to A.V. Bobkov, the reserve of strategic strength of the national economy, potential growth points and the effect of protective mechanisms play an essential role in resisting sanctions pressure [1, p. 79].

According to N.A. Molchanov, V.P. Egorov, E.K. Matevosova: "Strategic planning is a key vector of the modern state policy of the Russian Federation aimed at solving the problems of sustainable socio–economic development and ensuring the national security of the Russian Federation" [2, p. 28].

The importance of strategic planning for the management of the state is beyond doubt due to the comprehensive impact on the life of society and the state. It seems that strategic planning has a close connection with forecasting. K.V. Agamirov notes that legal forecasting implements the goals of legal regulation, identifies trends and determines possible alternatives to the development of the legal system under the influence of a complex of social needs [3, p. 8].

The very understanding of the term "strategy" can include the following semantic load:

- The strategy acts as a specific long-term plan for achieving a certain goal, strategy development should be understood as the process of finding a goal and drawing up a long-term plan.

- The strategy includes a long-term direction of development of a certain object regarding its activities and development.

According to Y.V. Govorukhina: "Strategies should form a hierarchically organized system of strategic planning documents, which establishes a complex subordination of actions of system-forming elements (strategies of lower levels, programs and projects, development plans, etc.)" [4, p. 12]. Thus, within the framework of building a strategy, it is necessary to use a large number of documents subordinate to its direction of action.

In any case, the implementation of strategies in public administration (regardless of the scope of application) leads to the achievement of certain goals and changes aimed, as a rule, at development and improvement. This situation indicates the positive role of the implementation of strategies and appropriate planning. The qualitative implementation of plans affects the assessment of the activities of the state and its bodies by citizens and society, mediates the development of civil initiatives. The importance in the development of the ideological component in the process of applying strategic planning is also noted.

The position of E.N. Nikiforova deserves attention: "The ideological basis for the formation of state policy is strategic planning, it is it that allows in practice to implement the principle of interrelation and interdependence of the tasks of ensuring national security with the dynamic socio-economic development of the state. I would like to emphasize that strategic planning is a completely different level and essentially a qualitatively new stage in the development of planning. In this regard, today we can talk about a change in the planning paradigm – planning as a management method has become strategic" [5, p. 42].

In this light, it becomes obvious that there is an objective need to ensure the unity of the strategic planning system, which makes it possible to effectively implement the competencies assigned by the authorized bodies of state power and local self-government.

The role and importance of documents in strategic planning has been repeatedly noted in the scientific literature. Thus, according to T.A. Polyakova, D.A. Afinogenov, the problems of improving strategic planning in the interests of improving the efficiency of public administration are relevant, which requires the development of conceptual documents for the normative legal consolidation of issues (socio-economic development, national security, information sphere) [6, p. 17].

The creation of strategic planning documents should correspond to the current changes and processes affecting society and the state. D.A. Afinogenov, E.V. Vinogradova, T.A. Polyakova note the need to develop new tools for strategic planning of the country, taking into account the introduction of the digital economy into public life [7, p. 35].

The strategic planning documents reflect specific plans, the specifics of their implementation, authorized entities to perform the necessary actions and other fundamentally significant moments. The basic regulatory legal act in the field of strategic planning is Federal Law No. 172-FZ of 28.06.2014 "On Strategic Planning in the Russian Federation" (hereinafter – No. 172-FZ, the Law on Strategic Planning). The objectives of strategic planning comply with the provisions of the Constitution of the Russian Federation, the main priorities of public administration and the system of guarantees from the state.

Analyzing the provisions of Article 11 No. 172-FZ, it is advisable to note the most important features of strategic planning documents:

- The development of strategic planning documents takes place within the framework of goal setting, forecasting, planning and programming at the federal level, at the level of subjects of the Russian Federation and at the level of municipalities.

- The coordinating role in the development and implementation of strategic planning documents is performed by the President of the Russian Federation and the Government of the Russian Federation.

- There are strategic planning documents at the federal level (within the framework of goal-setting in general and in the sectoral, territorial perspective, forecasting, planning and programming documents), a similar approach is provided at the level of the subjects of the Russian Federation (goal-setting documents at the regional level, forecasting, planning and programming documents). Municipal strategic planning documents involve the development of a strategy for the socio-economic development of a municipality, a plan for its implementation (specific measures), the preparation of forecasts and municipal programs. The list of these documents is fixed in detail in Part 3-5 of Article 11 No. 172-FZ.

- At each of the management levels (federal, constituent entity of the Russian Federation, municipal), a list of subjects has been established that can establish the specifics of the development and implementation of strategic planning documents.

- It is allowed to involve representatives of public, scientific organizations and other entities in the development of strategic planning documents, in the absence of contradictions of a legal and ethical nature to involve in this process.

Based on the above, it should be noted the existence of a system of strategic planning documents, the features of which are predetermined by the level of management and competencies of public authorities. Common to strategic planning documents are such criteria as expediency, consistency, compliance with the order of development and approval, implementation in practice. In the strategic planning system, it is important to ensure compliance with the set goals and objectives.

It should be noted that, in addition to the above, there are sectoral strategic planning documents, the legal basis of which is based on Article 19 of the Law on Strategic Planning. The creation of such documents is aimed at the implementation of sectoral strategies and the development of certain areas of socio-economic development.

Summarizing the provisions of the Law on Strategic Planning (including Chapters 9-11), it can be noted that there are quite a variety of strategic planning documents. Among them are strategy, forecast, plan, state program, territorial planning scheme, etc. Strategic planning documents reflect the legal and economic content of the strategies being implemented.

It should be noted that the system of regulatory legal acts regulating strategic planning documents is quite extensive. Thus, the Fundamentals of State Policy in the field of strategic planning in the Russian Federation, approved by Decree of the President of the Russian Federation No. 633 dated 08.11.2021, are in effect. Within the framework of this normative legal act, the goals, objectives and main directions of state policy in the field of strategic planning, implementation mechanisms are specified. It is quite important to take into account that attention is focused on the inextricable relationship and interdependence of socio-economic development and national security.

In terms of the application of strategic planning documents, various shortcomings are noted. Yu.V. Evstafyeva notes the lack of an integrated system in state strategic planning, as well as problems in ensuring the execution of approved goal-setting strategic planning documents, a well-established mechanism for such provision [8, p. 8].

Without referring to a detailed analysis of the existing strategic planning documents, it is impossible not to note their multiplicity. This situation is caused by the formation of documents horizontally and vertically of the management. Thus, documents are being formed at the federal, regional and local levels, within the framework of subordination of public authorities. Also, larger strategic planning documents are specified in less significant ones from the point of view of legal force.

According to the data provided by A.V. Lavrentiev, in the Russian Federation today, according to the Register of Strategic Planning documents, the number of registered documents exceeds 65 thousand and often such planning organization is spontaneous [9, p. 70].

A significant number of strategic planning documents require their systematization, which is also noted by researchers. D.A. Afinogenov, T.A. Polyakova conclude: "the conclusion is that it is necessary to develop a scientifically-based concept of a "system of strategic planning documents", as well as the methodology for the formation and optimization of this system, as the most important legal instruments and organizational and legal mechanisms of strategic planning" [10, p. 22].

V.V. Dorzhieva, S.A. Ilyina note the shortcomings of methodological support for strategic planning and existing regulatory documents. It is considered necessary to build a system (schedule) of the procedure for the development (adjustment) of interrelated and interdependent strategic planning documents, their development periods and adjustment dates [11].

E.V. Eremin points out the need to improve the organizational base of strategic planning (in relation to a narrow direction – strategic planning in the Ministry of Internal Affairs of Russia) [12, p. 151].

Monitoring the status of the list of strategic planning documents, which are quite numerous today, is quite important. It seems that there is a lot of work to be done in this direction, aimed at streamlining and systematizing strategic planning documents.

Based on the conducted research, a number of conclusions should be drawn:

1. Strategic planning is a dynamic phenomenon that takes into account the peculiarities of the development of society and the state, trends and processes occurring at a particular time. The most general directions of development are reflected in the long-term prospects.

2. Strategic planning plays a leading role in the system of public administration. The goals and objectives set within the framework of strategic planning are reflected in the relevant documents reflecting the legal and economic content of the implemented prospects. The specifics of strategic planning documents are predetermined by the level of management and competencies of public bodies, set goals and objectives based on a comprehensive analysis of needs in various fields. This allows us to draw a conclusion about the attribution of strategic planning documents to management acts.

3. A significant problem regarding the application of strategic planning documents is their numerous nature and the lack of systematization that allows for orderly practical application and effective implementation. It seems promising: to formalize the legal framework on strategic planning issues into a single regulatory legal complex, in order to make it easier to apply such norms; to provide a system for monitoring strategic planning documents in the context of the effectiveness of their application and the results obtained.

References
1. Bobkov A.V. Sanction pressure: opportunities and potential of the Russian economy // Innovations and investments. 2019. No. 4. S. 79-84.
2. Molchanov N.A., Egorov V.P., Matevosova E.K. New aspects of legal regulation of state strategic planning in the Russian Federation // Actual problems of Russian law. 2015. No. 2 (51). pp. 28-34.
3. Agamirov K.V. Legal forecasting as a factor in improving the Russian legal system: Abstract of the thesis. ... doctor of jurisprudence. M., 2020. 48 p.
4. Govorukhina Yu.V. Strategy as a legal document: Abstract of the thesis. ... candidate of legal sciences. Nizhny Novgorod, 2021. 29 p.
5. Nikiforova E.N. Legal aspects of strategic planning in the Russian Federation // Theory and practice of service: economics, social sphere, technologies. 2017. No. 1 (31). pp. 40-44.
6. Polyakova T.A., Afinogenov D.A. The role of strategic planning in improving the system of public administration in the Russian Federation // Bulletin of the Academy of Law and Management. 2016. S. 11-18.
7. Afinogenov D.A., Vinogradova E.V., Polyakova T.A. Development of state policy in the field of strategic planning in the Russian Federation: public-law and scientific-methodological problems and priorities // Legal policy and legal life. 2021. No. 4. S. 23-37.
8. Evstafieva Yu.V. Instruments for the implementation of strategic planning in the Russian Federation: Abstract of the thesis. ... candidate of economic sciences. M., 2021. 27 p.
9. Lavrentiev A.R. On strategic planning documents in modern Russia // Russia: trends and development prospects. 2019. S. 68-76.
10. Afinogenov D.A., Polyakova T.A. System of strategic planning documents: problems and prospects // Bulletin of the Academy of Law and Management. 2017. No. 3 (48). pp. 22-32.
11. Dorzhieva V.V., Ilyina S.A. Estimation of the state of content relatedness of documents of strategic planning of socio-economic development and ensuring national security within the framework of goal-setting (on the example of the Strategy for Scientific and Technological Development of the Russian Federation) // Bulletin of Eurasian Science. 2019. V. 11. No. 5. URL: https://cyberleninka.ru/article/n/otsenka-sostoyaniya-soderzhatelnoy-sopryazhennosti-dokumentov-strategicheskogo-planirovaniya-sotsialno-ekonomicheskogo-razvitiya-i (date of access: 25.02. 2023).
12. Eremin E.V. On optimization of the organizational mechanism for strategic planning of law enforcement activities of internal affairs bodies // Law and Law. 2020. No. 10. P. 151-156.

Peer Review

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The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "On the formation of a system of strategic planning documents as management acts". The subject of the study. The article proposed for review is devoted to topical issues of the formation of "... a system of strategic planning documents as management acts". The author has chosen a special subject of research: the proposed issues are investigated from the point of view of administrative law, while the author notes that "Public administration is implemented with the help of various components, among which it is advisable to include strategic planning." NPAs relevant to the purpose of the study are being studied. A large volume of Russian scientific literature on the stated issues is also studied and summarized, analysis and discussion with these opposing authors are present. At the same time, the author notes: "It should be noted the specifics of the relationship between public administration and strategic planning." Research methodology. The purpose of the study is determined by the title and content of the work: "In the study of topical issues of strategic planning in relation to the effectiveness of its application, scientific and practical interest is in studying the features of strategic planning documents as acts of a managerial nature, identifying existing problems and determining prospects for further development", "... it becomes obvious the objective need to ensure the unity of the strategic planning system, which makes it possible to effectively implement the assigned competencies by the authorized bodies of state power and local self-government." They can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. The author uses a set of private scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize approaches to the proposed topic and influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used formal legal and comparative legal methods, which made it possible to analyze and interpret the norms of acts of Russian legislation and compare various documents. In particular, the following conclusions are drawn: "... it can be noted that there are quite a variety of strategic planning documents. Among them are strategy, forecast, plan, state program, territorial planning scheme, etc.", etc. Thus, the methodology chosen by the author is fully adequate to the purpose of the article, allows you to study many aspects of the topic. The relevance of the stated issues is beyond doubt. This topic is important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes "... the importance of improving the quality of strategic planning as a component of public administration is only increasing, which determines the expediency of further research in this direction." And in fact, an analysis of the opponents' work should follow here, and it follows and the author shows the ability to master the material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. It is expressed in the specific scientific conclusions of the author. Among them, for example, is the following: "The specifics of strategic planning documents are predetermined by the level of management and competencies of public authorities, set goals and objectives based on a comprehensive analysis of needs in various fields." As can be seen, these and other "theoretical" conclusions can be used in further research. Thus, the materials of the article as presented may be of interest to the scientific community. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Administrative and Municipal Law", as it is devoted to topical issues of the formation of "... a system of strategic planning documents as management acts". The article contains an analysis of the opponents' scientific works, so the author notes that a question close to this topic has already been raised and the author uses their materials, discusses with opponents. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his research. The quality of the presentation of the study and its results should be recognized as improved. The subject, objectives, methodology, research results, and scientific novelty directly follow from the text of the article. The design of the work meets the requirements for this kind of work. No significant violations of these requirements were found. The bibliography is quite complete, contains publications that the author refers to. This allows the author to correctly identify problems and put them up for discussion. The quality of the literature presented and used should be highly appreciated. The presence of scientific literature showed the validity of the author's conclusions and influenced the author's conclusions. The works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of many aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. The author describes the opponents' different points of view on the problem, argues for a more correct position in his opinion, based on the work of opponents, and offers solutions to problems. Conclusions, the interest of the readership. The conclusions are logical, specific "It seems promising: the formation of a legal framework on strategic planning issues into a single regulatory legal complex, in order to make it easier to apply such norms; providing a system for monitoring strategic planning documents in the context of the effectiveness of their application and the results obtained," etc. The article in this form may be of interest to the readership in terms of the systematic positions of the author in relation to the issues stated in the article. Based on the above, summing up all the positive and negative sides of the article, I recommend publishing it.