The Public Control in Russia as a tool for the centralization of the public administration system during the special military operation

Goncharov Vitalii Viktorovich PhD in Law Associate Professor, Dean of the Faculty of Higher Education, Polytechnic Institute (branch), Don State Technical University in Taganrog 347900, Russia, Rostov region, Taganrog, Petrovskaya str., 109a niipgergo2009@mail.ru Other publications by this author     Nagaitsev Viktor Valentinovich ORCID: 0000-0003-0231-8592 PhD in Sociology Head of the Department, Associate Professor, Department of Sociology and Conflictology, Altai State University 656049, Russia, Altai Territory, Barnaul, Lenin Avenue, 61 niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor of the 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 interaction between civil society institutions and public authorities during (and in connection with) the conduct of a special military operation by the Russian Federation are widely studied in the works of A.M. Bogachev, ^{[2, pp. 44-52]} V. O. Vekshin, ^{[3, pp. 111-122]} L. A. Spector, ^{[5, pp. 186-188]} L. L. Grishchenko, ^{[10, pp. 183-189]} K. E. Kosygina, ^{[14, pp. 199-218]} S. I. Morozova, ^{[16, pp. 16-28]} A. Y. Pinchuk, ^{[17, pp. 28-39]} M. A. Plotnikova, ^{[18, pp. 18-27]} P. Ya. Feldman, ^{[20, pp. 599-607]} D. L. Tsybakova, ^{[22, pp. 80-95; 23, pp. 113-123]} as well as a number of other authors. Of particular interest are the works of M. K. Archakov, ^{[1, pp. 12-19]} A. D. Malyutin, ^{[6, pp. 194-196]} M. A. Zhuravleva, ^{[11, pp. 88-93]} S. Zapolev, ^{[13, pp. 8-9]} A. S. Semchenkov, ^{[19, pp. 87-99]} R. Filevsky, ^{[21, p. 19-20]} devoted to the analysis of internal and external threats that undermine the effectiveness of the functioning of the public administration system in Russia. At the same time, scientific and practical research devoted to the analysis of the role and influence of civil society institutions on the processes of centralization of the public administration system in the Russian Federation is becoming particularly relevant. In this regard, the purpose of this scientific work is to study the main problems and prospects of using the institute of public control as a tool to counteract the weakening and decentralization of the public administration system in Russia (with the development and justification of a system of measures to resolve these problems).

The main text.

The events of recent years, associated with the intensive unleashing of military and political conflicts by Western countries around the world, have shown that the existence and development of any independent state is impossible without the construction and functioning of an effective centralized public administration system. In turn, this system is not viable without the support of the entire people, or its majority. This is especially true in the Russian Federation, whose Constitution has consolidated the legal status of the multinational people of the country as the bearer of sovereignty and the only source of power in the country, exercising their powers both directly (for example, through the institutions of free elections and referendums) and indirectly (in particular, through the activities of numerous state authorities and local governments).

The public administration system in Russia at the present time (during the period of a special military operation, starting in 2022), on the one hand, is experiencing a systemic negative external impact from hostile foreign states and their coalitions, and on the other hand, is being tested for strength due to extreme pressures on the country's economy (including military- the industrial complex), and the Russian society.

In this regard, it is of particular interest to analyze the main directions of using the institute of public control as a tool for centralizing the public administration system in the Russian Federation.

How can the institution of public control influence the consolidation and optimization of the public administration system in Russia?

Firstly, the system of subjects of public control permeates the entire thickness of public relations in the Russian Federation. It involves both public chambers and councils, as well as numerous public associations and other non-governmental non-profit organizations. In addition, legislation on public control, in particular, Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation" provides for the possibility of direct participation of citizens of the Russian Federation in the organization and conduct of public control events.

Secondly, subjects of public control can exercise public control in real time in any geographical point of the country in relation to any objects of public control. This allows them to promptly identify any violations of current legislation, human and civil rights and freedoms, rights and legitimate interests of public associations and other non-governmental non-profit organizations.

Thirdly, subjects of public control, due to the involvement of a significant number of citizens in the organization and conduct of public control events, can exercise control, including over legal entities that can be used by both destructive opposition forces and special services of foreign countries to undermine the effective activities of state authorities and local governments.

Fourthly, subjects of public control, due to the fact that among their representatives there are many citizens of the Russian Federation with special knowledge, including in the field of modern information and communication technologies, can monitor in real time any attempts to use these technologies by third parties to undermine, for example, the national security and defense capability of the country. Moreover, these risks, according to a number of sources, are growing almost exponentially (at the same time, the processes of undermining the effectiveness of the centralized public administration system in the Russian Federation are actively managed by the special services of foreign states). ^[12]

Fifthly, due to the fact that during the period of the special military operation in the Russian Federation, according to a number of authors, the virtual public sphere underwent a serious correction, ^{[15, pp. 20-32]} in which certain information resources on the Internet were limited on the territory of Russia, information from public authorities is clearly exposed and hidden censorship, the role of the institute of public control is increasing, since it is through the functioning of this institution of civil society that the people of the country can be sure that information affecting the consolidation, implementation, protection and protection of human and civil rights and freedoms, as well as the rights and legitimate interests of numerous public associations and others, will not be hidden from them non-governmental non-profit organizations.

Sixth, during the period of the special military operation, certain categories of citizens' rights were also restricted (for example, their right to freedom of movement on the territory of the Russian Federation). In addition, certain duties were assigned to a number of categories of citizens of the country (in particular, conscription during mobilization for military service). It seems that these processes should be closely monitored by various institutions of civil society, primarily by subjects of public control.

Seventh, during the period of the special military operation, civil society control over the effectiveness of the functioning of various public authorities, the efficiency of their fulfillment of the instructions of the President of the Russian Federation related to the centralization of the public administration system, strengthening the work of the military-industrial complex, etc. has also acquired importance.

However, the organization and functioning of subjects of public control as an effective tool for influencing the public administration system in Russia in order to optimize it in the context of a special military operation are associated with numerous problems, among which the following can be distinguished:

1) A rather serious problem is the fact that the institution of public control is not fixed in the Constitution of the Russian Federation in any way. Despite the fact that Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation" was adopted almost 10 years ago, but no changes formalizing it have been made to the Basic Law of the country. This creates a number of difficulties. On the one hand, this reduces his authority and importance in the eyes of both ordinary citizens of the country and numerous state and municipal employees. On the other hand, subjects of public control are empowered to carry out public control measures in relation to public authorities whose status and powers are formalized in the Constitution of the Russian Federation (for example, the President of the Russian Federation), but they themselves are not mentioned in it. In addition, the current legislation regulating issues related to military and emergency situations, as a rule, has the status of federal constitutional laws, and, consequently, the possibilities and rights of subjects of public control to organize and conduct public control events, for example, in the zone of a special military operation, are somewhat controversial. In this regard, it seems necessary to incorporate into the Constitution of the Russian Federation as soon as possible the provisions enshrining the concept of public control, the basic principles, forms, methods and types of public control measures, a list of their objects and subjects (or the main features identifying them), as well as the mechanism of interaction of subjects of public control with public authorities in the country especially during the period of operation of the special military operation, martial law and state of emergency. This will avoid the various legal conflicts mentioned earlier.

2) A very significant problem is the fact that a number of objects of public control were excluded from the subject matter of Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation", for example, activities in the field of national defense and state security, public security and law enforcement, police activities, law enforcement agencies investigations, prosecutor's offices and courts, etc. This decision was justified by the fact that these objects of public control (the possibility and procedure for implementing public control measures in relation to them) will be regulated by separate federal laws, most of which have not been adopted to date.

Thus, the subjects of public control, in fact, are deprived of the possibility of organizing and exercising public control over a significant part of the objects of public control that are of exceptional importance during the period of a special military operation (in particular, the Armed Forces of the Russian Federation, military and civilian courts, prosecutor's offices, etc.).

In this regard, it seems necessary to supplement the legislation on public control with separate federal laws on the organization and implementation of public control in relation to objects of public control derived from the subject matter of Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation".

In addition, the relevant norms on the organization and implementation of public control measures during the period of military and emergency regimes should be introduced into the relevant federal constitutional and federal laws that regulate the operation of these regimes, or the activities of public authorities involved in their initiation, organization, conduct, termination, etc.

3) A rather serious problem is the fact that the subjects of public control in the Russian Federation, in fact, lack real powers. Those who have the authority are in most cases advisory, auxiliary in nature. As a last resort, subjects of public control, based on the results of public control measures, may apply with relevant materials and documents to public authorities, state and municipal organizations, other bodies and organizations implementing certain public powers on the basis of federal laws, whose activities, acts and decisions were objects of public control, to higher public authorities exercising control powers in relation to the above-mentioned public authorities, other bodies and organizations, to law enforcement agencies, or directly to the courts for the protection of human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-governmental non-profit organizations.

To resolve this problem, it seems necessary to instruct the Public Chamber of the Russian Federation to develop a system of amendments and additions to the legislation on public control in terms of securing a system of real powers for its subjects. For example, subjects of public control should be given the authority to temporarily suspend the validity of subordinate regulatory legal acts and other documents issued by objects of public control (until the relevant court decides on the merits of this issue), if there are grounds to believe that these subordinate regulatory legal acts and documents violate the constitutional rights and freedoms of man and citizen, the rights of and the legitimate interests of public associations and other non-governmental non-profit organizations. In addition, it is necessary to develop a system of additional powers of subjects of public control during the period of military and emergency regimes, as well as in the zone of a special military operation. In particular, subjects of public control should be given the authority to organize and conduct public control measures in relation to the activities, acts and decisions of any legal entities located in the zone of a special military operation.

These powers should be subordinated to the main objectives: to increase the efficiency and effectiveness of the organization and activities of public authorities and other objects of public control; to centralize the public administration system as a whole; to minimize the risks of violation of human and civil rights and freedoms, the rights and legitimate interests of public associations and other non-governmental non-profit organizations.

4) A very significant problem is the fact that the Russian scientific legal doctrine and legislation, in fact, have not developed special forms, methods and types of public control measures in military and emergency situations, as well as during a special military operation. This significantly complicates the work of subjects of public control in organizing and conducting public control events in such conditions.

To resolve this problem, the Public Chamber of the Russian Federation and the Government of the Russian Federation should be instructed to organize appropriate scientific and practical research in order to develop and adopt amendments and additions to legislation on public control that will allow using this institution of civil society as a tool for centralizing the public administration system during a special military operation.

In addition, as we noted in previous studies, ^{[7, pp. 127-130; 8, pp. 199-202; 9, pp. 196-200]} criteria for the effectiveness of the organization and activities of subjects of public control should be fixed at the legislative level, linking the volume of their financing from budgets of all levels with specific performance indicators.

5) A rather serious problem is the fact that criminal and administrative legislation has not developed measures of legal responsibility for actions that impede the legitimate activities of subjects of public control. In this regard, new criminal and administrative structures should be developed and consolidated in the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, providing for measures of increased responsibility for countering the legitimate activities of subjects of public control, for example, during the period of military and emergency regimes, during the period of a special military operation.

6) A very significant problem is the fact that representatives of existing subjects of public control, as a rule, have no experience working under the conditions of military and emergency regimes, during the period of a special military operation. In this regard, this problem can be solved, for example, by creating specific types of subjects of public control that can effectively organize and carry out public control activities under the conditions of military and emergency regimes, during the period of a special military operation. In particular, it is possible to create emergency subjects of public control, the period of activity of which will be limited to the duration of a military or state of emergency, the period of a special military operation. These subjects of public control should be at the federal level, and federal public associations, other non-governmental non-profit organizations with a branch network throughout the country, as well as the Public Chamber of the Russian Federation should take part in their creation (organization, recruitment of members). Alternatively, the chambers of the Federal Assembly of the Russian Federation should take part in the creation of these subjects of public control.

7) A rather serious problem is the fact that in Russia the positive foreign and Soviet experience of the functioning of the institution of civil society control over the apparatus of public power is poorly used. For example, as we noted in previous studies, modern information and communication technologies are not used enough by subjects of public control in the Russian Federation. ^{[4, pp. 76-79]} The solution of this problem is possible through the cooperation of the efforts of the Public Chamber of the Russian Federation and the Government of the Russian Federation (through the development and adoption of a system of federal programs aimed at strengthening the material, technical, organizational, legal, financial base of subjects of public control, as well as the introduction into practice of their activities of modern information and communication technologies).

Conclusion.

In the course of our research, we have made a number of conclusions, among which the following can be distinguished:

1. The preservation and development of Russian statehood in the face of negative external influence from hostile foreign states and their coalitions directly depends on the effectiveness and degree of centralization of the public administration system in the country, as well as the level of support by the Russian population for the apparatus of public power.

2. In these conditions, the role of the institute of public control as an effective tool for centralizing the public administration system during a special military operation is increasing.

3. However, the organization and functioning of subjects of public control as an effective tool for influencing the public administration system in Russia in order to optimize it in the context of a special military operation are associated with a number of problems: the lack of consolidation of this institution in the Basic Law of the country; the exclusion of a number of objects from the subject of Federal Law No. 212-FZ dated 07/21/2014 "On the basics of public control in the Russian Federation"; the lack of real powers for subjects of public control; the lack of special forms, methods and types of public control measures in military and emergency situations in scientific legal doctrine and legislation; the lack of increased measures of legal responsibility for actions that impede the legitimate activities of subjects of public control; the lack of specific types of subjects public control with experience in the conditions of a special military operation; insufficient use of positive foreign and Soviet experience of public control over the apparatus of public authority in the work of subjects of public control in the conditions of a special military operation.

4. The resolution of these problems will require the development and implementation of a system of measures, among which are: the formalization of the institution of public control in the Basic Law of the country; the adoption of a system of federal laws regulating the organization and implementation of public control in relation to objects of public control derived from the subject matter of Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public control in the Russian Federation"; expansion of the system of powers of subjects of public control; consolidation of a system of measures of increased legal responsibility for countering the legitimate activities of subjects of public control (especially during a special military operation); development in scientific legal doctrine and legislation of special forms, methods and types of public control measures during the period of emergency and martial law, during the period of a special military operation; creation of specific subjects of public control authorized to organize and conduct public control measures during the period of emergency and martial law, during the period of a special military operation; analysis, adaptation and implementation of positive foreign and Soviet experience of public control over the apparatus into the work of subjects of public control in the conditions of a special military operation public authority.