Financing of subjects of public control in Russia: problems and prospects

Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 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     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 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

Cheshin Andrei Vladimirovich ORCID: 0009-0000-7572-3076 PhD in Economics Associate Professor; Faculty of Secondary Vocational Education; Orsk Institute of Humanities and Technology (branch), Orenburg State University 462419, Russia, Orenburg region, Orsk, Mira, 15A niipgergo2009@mail.ru Other publications by this author

Introduction.

The issues of the organization and functioning of public control in Russia are widely studied in the works of O. V. Grishchenko, ^{[3, pp. 127-130]} L. A. Spector, ^{[4, pp. 194-196]} A. D. Malyutin, ^{[5, pp. 196-200]} S. M. Zubarev, ^{[7, pp. 72-93]} N. S. Lisina, ^{[9, pp. 32-40]} T. M. Lopatina, ^{[10, pp. 49-52]} T. N. Mikheeva, ^{[11, pp. 177-183]} O. G. Savitskaya, ^{[14, pp. 36-39]} A. A. Spiridonova, ^{[13, pp. 33-45]} I. V. Teplyashina, ^{[15, pp. 43-47]} as well as a number of other authors. Yu. V. Agibalov, ^{[2, pp. 57-73]} V. V. Grib, ^{[6, pp. 2-6]} M. A. Cassidy, ^{[8, pp. 119-122]} A. L. Petelin, ^{[12, pp. 59-63]} G. N. Chebotarev, ^{[16, pp. 26-34]} as well as some other scientists pay special attention to the analysis modern problems that hinder the effective work of this institution of civil society in the country. In this regard, research devoted to the analysis of a kind of "Achilles heel" that prevents the optimal operation of any institution of civil society - problems related to the financing of these institutions of civil society - is of particular relevance. In this regard, the Institute of public control is no exception. The purpose of this scientific research is to develop and substantiate a system of measures to resolve problems that hinder the optimal organization and implementation of financing processes for subjects of public control in the Russian Federation.

The methodology and methodology of the study.

In the course of writing this scientific article, a number of general and private scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. The empirical basis of the study was, in particular, the norms of the current legislation on public control, materials related to the practical activities of subjects of public control.

The main text.

The existence and development of any modern society and state largely depends on the level of development of civil society institutions, which, on the one hand, ensure the stability of the entire system of public relations, preventing and stopping conflict situations in society, and on the other hand, act as a kind of foundation for the apparatus of public power in the country, while simultaneously monitoring compliance, protection and He protects the entire system of constitutional principles, as well as the rights, freedoms and legitimate interests of individuals and legal entities in the state.

In the Russian Federation, the civil society system is in the process of formation. This is due to the fact that after the collapse of the USSR, many civil society institutions in the country either ceased to exist (for example, the all-powerful CPSU, Komsomol organizations), or their influence in society significantly decreased (in particular, trade union organizations, the number of members of which fell several times). New institutions of civil society are being formed gradually. At the same time, the most famous of these institutions is the Institute of Public Control.

Why is the institute of public control so important in comparison with other institutions of civil society?

Firstly, this institution of civil society is the most numerous. Its subjects permeate all levels of the administrative-territorial structure of the Russian Federation. Several hundred thousand people participate in the organization and conduct of public control events annually. At the same time, except for employees of state and municipal institutions, in the form of which the apparatuses of public chambers and councils of various levels have been created, providing organizational, legal, logistical support for the processes of organizing the activities of these types of subjects of public control, almost all representatives of subjects of public control perform their functions on a voluntary basis (free of charge).

Secondly, subjects of public control are endowed with a number of powers, the promotion of which is the responsibility of public authorities and other objects of public control (for example, in terms of providing information).

Thirdly, significant amounts of financing are provided by public budgets of all levels to finance the activities of subjects of public control.

The effective organization and functioning of any institution of civil society in the Russian Federation largely depends on its financing. What is the reason for this?

Firstly, the formation and functioning of permanent subjects of public control (in particular, the Public Chamber of the Russian Federation, regional and municipal public chambers and councils, public councils under federal, regional and local public authorities) is unthinkable without the presence of the apparatus of these subjects of public control, which operate in Russia, as a rule, in the form of state and municipal institutions. These institutions have their own budget, which covers all areas of organization and life activities of both the institutions themselves and the subjects of public control whose activities they provide (salary costs, electronic computing equipment, equipment, consumables, rental of premises, etc.).

Secondly, the creation of the subjects of public control themselves also requires the expenditure of significant monetary resources. For example, if we analyze a rather complex mechanism for the creation of the Public Chamber of the Russian Federation, it can be seen that its formation is mediated by numerous procedures, which can be carried out at the cost of certain material resources.

Thirdly, the organization and conduct of each public control event is also an extremely costly item of expenditure for subjects of public control. These expenses also include the cost of travel of members and representatives of subjects of public control to the venue of public control events (and many regions and even municipalities in Russia occupy a significant area of the territory), the cost of specialists and experts involved, etc. Moreover, in accordance with federal laws dated 07/21/2014 No. 212-FZ "On the Fundamentals of Public Control in the Russian Federation, dated 04.04.2005 No. 32-FZ "On the Public Chamber of the Russian Federation", members of subjects of public control are entitled to reimbursement of expenses related to this type of activity.

Fourthly, as we noted in previous studies, the high-quality organization and conduct of public control events requires the use of modern digital technologies, equipment, computer software, which must be promptly purchased and updated in real time. ^{[1, pp. 3454-3463]} As a number of researchers rightly point out, in the near future, a significant part of the expenses of subjects of public control will be expenses on equipment and software for their activities. ^{[7, pp. 72-93; 9, pp. 32-40]} It is difficult to disagree with this argument. Either the subjects of public control will be provided with appropriate equipment and software, modern digital technologies (including artificial intelligence technologies), or it will be impossible to carry out effective verification of the object of public control. In some cases, without the specified hardware and software, the very fact of the possibility of public control can be questioned. For example, it is not clear how public entities without these technologies and equipment will be able to carry out public control measures in relation, in particular, to electronic remote voting at elections and referendums of any level in the country.

Fifth, subjects of public control carry out a number of activities that are not related to the organization and conduct of public control events, but which also require certain monetary and material resources. In particular, subjects of public control have the right to join associations and unions of subjects of public control, membership in which requires, for example, payment of membership fees, travel expenses to the venue of meetings of the governing bodies of these associations and unions. In addition, subjects of public control can and should conduct scientific and practical research in the field of civil control, analyze domestic and foreign experience in this field, which requires scientific conferences, symposiums (including face-to–face ones), and issue collections based on the results of these events.

Let's consider the sources of financing for subjects of public control.

Among the main sources of financing for subjects of public control, the following can be distinguished:

Firstly, the largest sources of financing for subjects of public control in terms of funds are public budgets (federal budget, regional and local budgets). According to our research, this source ranges from 0-20% (trade unions) to 100% of the budget of the subject of public control. They provide for expenses both for the functioning of state and municipal institutions that are the offices of the above-mentioned subjects of public control, as well as other lines of expenses related to the organization and functioning of civil society in the Russian Federation. In addition, if we are talking about public councils, for example, under federal executive authorities, then holding their meetings, scientific, publication activities, reimbursement of expenses of members of these subjects of public control related to the organization and conduct of public control events is financed from the lines of the federal budget devoted to financing these public authorities. According to our calculations, in 2023, only publishing, educational and publishing activities of subjects of public control were carried out in an amount exceeding 1 billion rubles.

Secondly, their own funds are a fairly large source of financing for certain types of subjects of public control. We are talking, in particular, about trade union organizations, the financing of which consists of membership fees of members of these trade union organizations, income from their economic activities, and other sources not prohibited by current legislation. In some legal entities (for example, large joint-stock companies), additional financing of trade union organizations is carried out at the expense of these legal entities. Thus, a number of subjects of public control (in particular, trade unions) do not receive funding from the budget, or this funding is not a priority line in the revenue side of their annual budgets.

Thirdly, a significant source of financing for subjects of public control - individuals (adult citizens of the country) are the own funds of these individuals (for example, public environmental inspectors). At the same time, the issue of the grounds and limits for reimbursing them for expenses related to the organization and conduct of public control events is debatable (due to the fact that by-laws related to the order of their activities were adopted relatively recently and do not detail these issues).

Fourth, donations from individuals and legal entities for their activities can be allocated as a separate source of financing for subjects of public control. However, the issues of the admissibility, grounds and limits of such donations are also debatable. Obviously, if the persons sending such financing are foreign citizens, stateless persons, foreign legal entities, international governmental or non-governmental organizations, persons recognized as foreign agents in accordance with the legislation of the Russian Federation, then such financing is not allowed. Since the very fact of its implementation entails a number of negative consequences, including in the form of recognition of this subject of public control (for example, a trade union organization) as a foreign agent.

Conclusion.

The optimal organization and implementation of financing processes for various subjects of public control in the Russian Federation are associated with numerous problems, among which the following can be distinguished:

Firstly, a significant problem in the financing of subjects of public control is the lack of this funding. This problem is caused, on the one hand, by the general shortage of funds to finance the organization and activities of civil society entities from public budgets, and on the other hand, by the subsidized nature of the revenue side of most regional and local budgets, which do not have the proper amount of income to fully finance the processes of organization and activities of subjects of public control. It is no secret that for this reason, in a number of small municipalities at the grassroots level, public councils have not yet been established under these municipalities. These municipalities simply do not have the funding for this. Since all available funds are allocated to finance those items of expenditure that are mandatory in accordance with current legislation. The solution to this problem is seen in the growth of targeted subsidies from the federal budget (to municipal and regional ones), which should be directed specifically to the creation and functioning of subjects of public control of these types. Alternatively, it is possible to follow the path of development and adoption by the Government of the Russian Federation of a system of federal programs aimed at developing the financial, economic, logistical, organizational and legal framework for the organization and activities of subjects of public control. In other words, the financing in this case will be of a targeted and substantive nature.

Secondly, a major problem is the financing of subjects of public control and the fact how effectively and efficiently the funds allocated to subjects of public control for their activities, as well as the conduct of public control activities, are spent. In our research, we have developed and justified, on the one hand, a system of criteria for evaluating the effectiveness and efficiency of the activities of subjects of public control in terms of, first of all, economic indicators, and on the other hand, a system of proposals for optimizing legislation on public control, the implementation of which will identify the most effective forms and types of public control measures (with their subsequent scaling to the entire territory of the Russian Federation). ^{[3, pp. 127-130]} Thus, partially the problem of underfunding the processes of organization and functioning of subjects of public control can be solved by activating the processes of increasing the economic efficiency and effectiveness of their activities.

Thirdly, an important and unresolved problem in the financing of subjects of public control today is the possibility (necessity) of financing this activity from the funds of individuals and legal entities. In our opinion, Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation" should fix the system of sources of financing for subjects of public control, specifying in which cases, in relation to which types of subjects of public control, to what extent and on what grounds financing of the organization and activities of these subjects can be carried out from the funds of individuals and legal entities. The legislation should explicitly specify from which sources this financing is prohibited, or even entails bringing these persons to administrative or criminal liability (for example, financing of this activity by persons recognized as foreign agents).

At the same time, we consider it possible and necessary to organize the financing of subjects of public control on the basis of a public-private partnership, when legal entities wishing to carry out such financing conclude appropriate agreements with public authorities. This financing should not in any way affect the work of subjects of public control and cannot be carried out by legal entities that act as potential objects of public control for those subjects of public control to whom the specified financing is directed.

Fourthly, a certain problem in the financing of subjects of public control is the lack of material motivation in their activities. In particular, it is necessary to provide for the possibility of additional financing for subjects of public control who have revealed violations of current legislation, expressed in embezzlement of budget funds or their misuse (for example, during public control of state and municipal procurement). A part of the amount of funds identified during such public control measures, recovered from the perpetrators, should be sent as additional financing to the specified subjects of public control.