The influence of the public control on the economic development of the state

Cheshin Andrei Vladimirovich ORCID: 0009-0000-7572-3076 PhD in Economics Associate Professor of the Department of Economics and Management at the Orsk Institute of Humanities and Technology (branch) of the Orenburg State University 15A Mira Street, Orsk, Orenburg Region, 462419, Russia niipgergo2009@mail.ru Other publications by this author     Potapenko Sergei Viktorovich ORCID: 0000-0003-3013-5072 Doctor of Law Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor; Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The issues of organization and implementation of public control in the Russian Federation are widely studied in the works of Yu.V. Agibalov, ^{[1, pp. 57-73]} S. I. Glushkova, ^{[4, pp. 85-97]} K. A. Ishekov, ^{[7, pp. 9-14]} V. P. Kirilenko, ^{[9, pp. 33-37]} E. A. Ogneva, ^{[14, 51-62]} Yu. V. Shilova, ^{[16, pp. 40-49]} E. V. Svinina, ^{[17, pp. 41-44]} M. A. Vakhtina, ^{[18, pp. 77-80]} as well as a number of other authors. In addition, the scientific works of S. L. Alekseev, ^{[2, pp. 165-175]} S. V. Efimov, ^{[3, p. 21]} V. V. Kikavets, ^{[8, pp. 3-11]} A. Yu. Kiryanova, ^{[10, pp. 39-44]} E. N. Kondrat, ^{[11, pp. 89-96]} M. A. Kosyan, ^{[12, pp. 148-153]} I. G. Lvova, ^{[13, pp. 487-491]} E. V. Rozhkova, ^{[15, pp. 66-69]} Ya. Zalesny, ^{[19, p. 1; 20, p. 1]} as well as some other scientists devoted to the impact of this institution of civil society on the economic development of the state. This circumstance determines the choice of the topic of this scientific research, the purpose of which is not only to formalize and analyze the main problems that hinder the optimization of the processes of influence of the institute of public control on the economic development of the state, but also to develop and justify a system of measures to resolve these problems. The main scientific objectives of this article include the following: a) analysis of the role and place of public control in the system of legal guarantees for the implementation, protection and protection of both constitutional principles and the system of human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-governmental non-profit organizations; b) study of the system of factors, influencing the economic development of the state; c) analysis of the place of public control in this system of factors; d) study of the main directions of the impact of this institution of civil society on the economic development of Russia; e) formalization and analysis of the main problems that hinder the optimization of the processes of influence of the institution of public control on the economic development of the state; f) development and justification of a system of measures aimed at solving these problems.

Methods and methodological basis of the research.

The methodological basis of the research is made up of a number of scientific methods, in particular: formal-logical; historical-legal; comparative-legal; statistical; sociological; method of studying specific legal situations. The empirical basis of the study was: The Constitution of Russia; norms of international and national legislation; materials of judicial practice, practice of work of subjects of public control; sources of scientific legal doctrine devoted to the analysis of the organization and implementation of public control in the Russian Federation.

The main text.

In 1993, the Russian Federation consolidated the legal status of the multinational people of Russia as the sole source of power and bearer of sovereignty, exercising its authority through a system of direct forms of democracy (for example, through institutions of free elections and referendums) and indirect forms of democracy (in particular, through the activities of state authorities, local governments and their officials). This legal status of the people of the Russian Federation is based on the fact that the Basic Law of the country has designated a person, his rights and freedoms as the highest value in the state and society, which, as we noted in previous studies ^{[5, p. 1; 6, p. 93-106]} corresponds to global legal trends that consolidate human rights and freedoms. human freedoms as the main distinguishing feature of a rule-based democratic state.

However, the above-mentioned constitutional principles of democracy and the participation of Russian citizens in the management of state affairs need a system of legal guarantees that ensure their consolidation, protection and protection from any unlawful encroachments.

Among these legal guarantees are: a) the prohibition, enshrined in the Constitution of the Russian Federation for public authorities of the country, as well as their officials, under threat of legal liability to seize power, misappropriation and retention of authority; b) the mechanism of checks and balances in the system of public power, which permeates all branches government and its levels, ensuring mutual control of public authorities over each other, which minimizes the risks of usurpation of authority within a single public authority (its official), or a group of public authorities (their officials); c) bodies of constitutional control and supervision, the most important of which are The President of the Russian Federation (as the guarantor of the Constitution, human and civil rights and freedoms), as well as the Constitutional Court of the Russian Federation (as the highest and only body of constitutional justice in the Russian Federation today after the abolition in 2023 of the system of constitutional (statutory) courts of the subjects of the Russian Federation); d) numerous institutions of civil society, the most important One of them is the Institute of Public Control.

Thanks to the Institute of Public Control, Russian citizens, as well as public associations and other non-governmental non-profit organizations, have the opportunity to participate in monitoring the activities, acts and decisions of state authorities, local governments, state and municipal organizations, and other bodies and organizations exercising certain public powers on the basis of federal laws.

The processes of consolidating, implementing and protecting human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-governmental public organizations, largely depend on the level and pace of economic development in the country (both in the state as a whole and in its individual regions and municipalities).

The economic development of the Russian Federation is influenced by a system of factors, including: social; geographical; economic; political and legal; cultural; religious.

Social factors can be distinguished, for example: demographic (in particular, the percentage of the working-age population to its total number); the level of education of the working-age population; the number of disabled people, etc.

Geographical factors include, in particular: the length of the territory from north to south, as well as from west to east; the duration of adverse natural conditions throughout the year (according to their individual types); average temperature (by region); average precipitation (by month, region), etc.

Economic factors include, for example: the size of gross domestic product (broken down by region and municipality); the presence of business entities using technologies of a particular technological order in their activities (primarily the dominant fifth and promising sixth); the level of wages (net and gross), etc.

Among the cultural factors, one can single out, in particular: the level of legal culture of the population; the level of legal awareness, etc.

Religious factors include, for example, the presence of pockets of religious fundamentalism, separatism, and interreligious hostility.

Among the political and legal factors, one can single out, in particular: the state of legality in the country; the level of citizens' access to justice; the existence of a developed system of civil society institutions, primarily the institute of public control.

This institution of civil society occupies a key place in the system of factors influencing the economic development of Russia, for a number of reasons:

First, as we noted earlier, it is the most important legal guarantee that ensures constitutional principles. At the same time, in addition to the already mentioned constitutional principles of democracy and the participation of Russian citizens in the management of state affairs, public control guarantees the implementation of other important constitutional principles, in particular, legality, responsibility for the organization and activities of public authorities managing the economic sphere, their professionalism and compliance with the rules of ethical conduct by officials of these public authorities. the authorities.

Secondly, among the tasks of public control enshrined in legislation, in particular, in Federal Law No. 212-FZ dated July 21, 2014 "On the Fundamentals of Public Control in the Russian Federation", the key tasks are: the formation of intolerance to corrupt behavior in society (including in the economic sphere); improving the efficiency of public authorities; increasing the level of public confidence in their work.

Thirdly, subjects of public control carry out its activities not only in relation to public authorities (their activities, acts and decisions), but also in relation to any other subjects of law who exercise any public authority. Consequently, any subjects of Russian law that can exert an overbearing influence on economic relations, as well as on subjects of economic activity, are subject to public control.

Fourthly, the subjects of public control in the Russian Federation have in their composition (as members of public chambers and councils, as well as representatives of subjects of public control) numerous specialists who are highly qualified professionals in various fields of economics, economics and practice, which allows them to carry out public control measures in optimal time and with maximum efficiency and performance.

What are the main directions of the impact of the institute of public control on the economic development of Russia?

Firstly, through the functioning of the entire system of public control in the field of economics, the predictability of the results of any investment projects is improved. The conditions of investment activity become as open and "transparent" as possible for investors, which increases their confidence in the possibility and necessity of making these investments. So, in particular, according to a number of authors, the presence of a functioning system of public control in the region increases its investment attractiveness by 1.7 times. ^{[21, pp. 10-12]}

Secondly, subjects of public control can be actively used as a mechanism for countering and combating corruption. Subjects of public control, revealing the facts of corrupt activities, apply to law enforcement agencies with a demand to bring to justice (up to criminal) those responsible (for committing corrupt acts). This circumstance reduces corruption risks in investment projects, which has a positive effect on the desire of investors (especially foreign ones) to invest in the Russian Federation. For example, a decrease in the level of corruption in the Republic of Dagestan, the development of the institute of public control in the Republic in 2017-2022 led to a 2.2-fold increase in investments ^{[21, pp. 80-82]}.

Thirdly, the investment attractiveness of the country as a whole, as well as its individual regions and municipalities, directly depends on the level of development (number, variety) of forms and types of public control, and the presence of a well-developed network of subjects of public control. The investor understands that as civil society develops control over the activities of the economic unit of the public administration, the risks of unlawful influence on investors are minimized.

However, optimization of the processes of influence of the institution of public control on the economic development of the state is hindered by a number of problems, including the following:

Firstly, a significant problem is the fact that the institution of public control is not reflected in the Constitution of the Russian Federation. Moreover, there is no mention of civil society in general. Although, when developing the country's Basic Law (before 1993), the authors even suggested including a separate chapter on "Civil Society" in a number of its drafts. However, the final version, prepared by the Administration of the President of the Russian Federation, did not contain any mention of civil society and public control. The solution to this issue is seen in the inclusion of this institution of civil society in the Constitution of Russia with the consolidation of a system of its principles, methods, forms and types of events, a list of subjects and objects (or an exhaustive list of their qualifying features), as well as a mechanism for interaction of subjects of public control not only with public authorities and their officials, but also with all other types of subjects of law.

Secondly, a major problem is the fact that the system of principles, goals and objectives of public control, enshrined in the legislation on public control, in particular, in Federal Law No. 212-FZ dated July 21, 2014 "On the Fundamentals of Public Control in the Russian Federation", does not contain those that are aimed at ensuring economic development of Russia. The solution to this problem is seen in supplementing the principles of public control enshrined in article 6 of the aforementioned Federal Law with the principle of priority for the economic development of the Russian Federation. The system of goals of public control reflected in Article 5 of this Federal Law should be supplemented with the goal of ensuring the economic development of the Russian Federation. In turn, the list of tasks contained in the same article should be supplemented with the following tasks: assistance to public authorities in ensuring the economic development of the Russian Federation; combating corruption in various sectors of the country's economy.

Thirdly, a significant problem is the fact that the Russian scientific doctrine of public control does not contain specific forms, methods and types of public control measures aimed at ensuring, on the one hand, the realization of economic rights and freedoms of citizens, economic rights and legitimate interests of legal entities, and, on the other hand, the economic development of the country. in general. The solution to this problem requires the organization and implementation by the country's Public Chamber, together with relevant federal ministries and departments, of a set of measures to carry out scientific and practical research in this area, as a result of which specific forms, methods and types of public control measures have been developed to ensure the intensification of economic development in the Russian Federation, should be introduced into Russian legislation, as well as in the practice of organization and activity of subjects of public control.

Fourthly, a significant problem is the lack of real powers for subjects of public control. Their powers are primarily auxiliary and informational in nature, which significantly reduces the effectiveness and impact of public control measures, including on optimizing economic development processes in the country and creating a favorable investment climate in the Russian Federation. The solution to this problem is seen in providing subjects of public control in Russia with a number of real powers. For example, if, in the course of public control measures, facts are established indicating the presence of signs of a crime in the activities of representatives of public control facilities, then the subject of public control should be given the right to temporarily suspend these persons from their official duties (until the matter is resolved on its merits by the relevant law enforcement agency or court).

Fifth, a significant problem is the fact that subjects of public control have a weak economic base of their activities. Many of them do not have websites on the Internet. In their activities, they are based on the organizational and property base of public authorities, which they should check (control), which in itself is absurd. This problem needs to be addressed comprehensively, through the development and adoption by the Government of federal programs aimed at developing the economic base of subjects of public control (at the expense of the federal budget, as well as funds that will accumulate in the process of public-private partnership).

Sixth, a significant problem is the weak use of positive foreign experience in the functioning of civil society institutions in the field of control over the apparatus of public power in the practice of organizing and operating Russian subjects of public control. In relation to the topic of this scientific research, the experience of civil society institutions in the United States, the European Union, and Switzerland is of particular interest, which is aimed at creating a favorable investment climate in these countries and combating corruption in the economic sphere (primarily in the investment sector).

Conclusion.

In the course of our scientific research, we have drawn a number of conclusions, including the following:

1. Among the institutions of civil society in Russia, public control occupies a key place, acting as the most important legal guarantee for the implementation, protection and protection of both the system of constitutional principles (first of all, democracy and the participation of citizens of the Russian Federation), as well as the entire system of human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-governmental non-profit organizations. organizations through which citizens of the country and the above-mentioned types of legal entities have the opportunity to participate in monitoring the activities, acts and decisions of state authorities, local governments, state and municipal organizations, and other bodies and organizations exercising certain public powers on the basis of federal laws.

2. The economic development of the Russian Federation is influenced by a system of factors, including: social; geographical; economic; political and legal; cultural; religious.

3. At the same time, public control occupies a key place in the system of factors influencing the economic development of Russia, for a number of reasons: a) it acts as a legal guarantee that ensures the constitutional principles of legality, responsibility of the organization and activities of public authorities that manage the economic sphere, their professionalism and compliance with the rules of ethical conduct by officials of these public authorities; b) its main objectives are the formation of intolerance to corrupt behavior in society (including, in the economic sphere), increasing the effectiveness of public authorities, increasing the level of trust in their work; c) its activities permeate not only the activities, acts and decisions of public authorities, but also any other subjects of law who exercise certain public powers and may influence economic relations; d) as part of representatives The subjects of public control are professional specialists from all sectors of the country's economy.

4. The main directions of the impact of the institute of public control on the economic development of the Russian Federation are: a) the creation of "transparent" conditions for private investment in the Russian economy from abroad; b) the possibility of using subjects of public control as a mechanism to combat corruption; c) the direct proportionate dependence of the growth of the investment attractiveness of the Russian economy as a whole, as well as its individual regions and municipalities, on the increase in the efficiency and effectiveness of public entities control both in the country as a whole and in its individual regions and municipalities.

5. Among the main problems hindering the optimization of the processes of the influence of the institution of public control on the economic development of the state, the following can be identified: a) the lack of formalization of this institution of civil society in the Constitution of the country; b) the lack of consolidation among the principles, goals and objectives of public control of those that are aimed at ensuring the economic development of Russia; c) the development of forms, methods and types of public control measures in the Russian scientific doctrine of public control aimed at ensuring, on the one hand, the realization of economic rights and freedoms of citizens, economic rights and legitimate interests of legal entities, and, on the other hand, the economic development of the country as a whole; d) the absence of subjects of public control real powers; e) they have a weak economic base; f) weak use in their work of positive foreign experience in the functioning of civil society institutions in the field of control over the apparatus of public power.

6. Solving these problems will require the implementation of a system of measures, including the following: a) formalization of public control in the Constitution of Russia; b) development and consolidation in legislation on public control of principles, goals and objectives of public control aimed at ensuring the economic development of the country; c) organization by the Civic Chamber of Russia (with the support of the Ministry of Science and Higher Education, the Ministry of Economic Development and Trade, as well as the Ministry of Finance of the Russian Federation) scientific and practical research on the forms, methods and types of public control measures aimed at ensuring the realization of economic rights, freedoms and legitimate interests of individuals and legal entities, as well as the economic development of the country; d) expanding the powers of subjects public control; e) strengthening their economic base; f) developing legislation on public control based on positive foreign experience (primarily, the United States, the European Union, Switzerland) in this area.

The article is published in its final version as approved following the last positive peer review recommending acceptance for publication. It incorporates revisions made by the author in response to prior negative peer review reports that did not recommend publication. All peer review reports, including initial negative reviews, are published in open access alongside the article. All versions of the author’s revisions are archived in the publisher’s repository and may be made available upon reasonable request in accordance with Elsevier’s editorial policies and applicable data availability requirements.
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