On the prospects of using foreign experience in training personnel for civil society entities in Russia

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     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     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 Institute of Public Control in the Russian Federation is the object of detailed study in the works of L. A. Spector, ^{[3, pp. 194-196]} V. V. Grib, ^{[5, pp. 2-6]} L. A. Krasnobaeva, ^{[9, pp. 72-78]} N. S. Lisina, ^{[10, pp. 32-40]} T. N. Mikheeva, ^{[11, pp. 177-183]} A. A. Tishakova, ^{[16, pp. 421-427]} G. N. Chebotareva, ^{[18, pp. 26-34]} as well as a number of other scientists. At the same time, special attention is paid to such authors as E. G. Petrenko, ^{[1, pp. 3454-3463]} A.V. Cheshin, ^{[4, pp. 196-200]} V. V. Grib, ^{[6, pp. 16-19]} V. P. Kirilenko, ^{[7, pp. 33-37]} N. V. Kravchuk, ^{[8, pp. 58-70]} V. F. Saetgaraev, ^{[13, pp. 197-213]} A. G. Sevostyanova, ^{[14, pp. 380-381]} M. H. Khasenov, ^{[17, pp. 182-188]} as well as some other scientists, are devoted to the problems of using international and foreign experience in the organization and functioning of the institute of civil society control over the apparatus of public power, as well as other entities implementing separate public powers. However, the proportion of studies devoted to the adaptation and implementation of this experience in the Russian practice of organizing and functioning of the institute of public control remains low. This is especially true of the experience of training and retraining professional staff for this institution of civil society. This circumstance determines the choice of the topic of this scientific research, the purpose of which is to develop a system of measures to optimize the processes of training and advanced training of both members of Russian subjects of public control and employees of state and municipal institutions that ensure their functioning (based on positive foreign experience in training personnel for civil society entities).

The object of the study is public relations related to the training and retraining of professional personnel for subjects of civil society abroad, as well as for subjects of public control in the Russian Federation. In turn, the subject of the study is the norms of domestic and foreign legislation regulating both the organization and functioning of civil society control over the apparatus of public authority and other objects exercising certain public powers, as well as the issues of training and retraining of professional personnel for subjects of civil society abroad, as well as for subjects of public control in the Russian Federation Federation.

The main problem of the study is the need to choose from the entire array of foreign experience in the training and retraining of professional personnel for civil society actors that part of it that can be optimally adapted and implemented into Russian practice.

The scientific novelty of this work consists in the fact that this study is one of the first in the field of analyzing foreign experience in the training and retraining of professional personnel for subjects of civil society with a view to its subsequent adaptation and implementation into Russian practice of training and retraining of personnel for subjects of public control.

Research methodology and methodology

In the course of writing this scientific article, a number of general and particular 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 of judicial practice, materials related to the practical activities of subjects of public control.

The main text

The Institute of Public Control in the Russian Federation, despite the fact that it was formalized in federal legislation relatively recently, has managed to establish itself, as we noted in previous studies ^{[2, pp. 127-130]} as a key, and most importantly, the most effective, institution of civil society, acting as the most important legal guarantee as a system of constitutional principles, as well as the entire system of rights, freedoms, and legitimate interests of individuals and legal entities.

The basis of the organization and activity of any subject of public control in Russia is its human resources, among which several categories of individuals should be identified who both participate in the preparation and conduct of public control events and generally ensure the activities of the above-mentioned subjects of public control:

Firstly, these are members of the subject of public control (for example, members of the Public Chamber of the Russian Federation, members of regional and municipal public chambers, as well as numerous public councils under federal, regional and municipal public authorities).

Secondly, these are employees of the apparatus of various subjects of public control, which we mentioned above. In most cases, these apparatuses have been created and operate in the form of state and municipal institutions funded from federal, regional and local budgets, whose activities consist, on the one hand, in ensuring the smooth operation of these subjects of public control, and on the other hand, in facilitating the processes of organizing and conducting individual public control events, collecting necessary information and documents in the course of these events, processing, analysis of this information, preparation of analytical reports, notes, draft decisions of these subjects of public control, etc.

Thirdly, these are employees of the staff of trade union organizations, trade union activists who participate in the preparation and conduct of public control events by trade unions. These measures are aimed, on the one hand, at protecting the labor rights, freedoms and legitimate interests of both employees who are members of trade unions and the entire labor collective as a whole, and on the other hand, on the whole, at employers' compliance with the requirements of current legislation.

Fourthly, these are individuals who take part in the functioning of subjects of public control. In some cases, for example, when organizing and conducting public environmental control events, these individuals form the basis of the human resources potential of public control.

Fifthly, these are members and participants of numerous non-governmental non-profit organizations, which also have the right to participate in the processes of formation and functioning of certain subjects of public control.

What is so important about the aforementioned human resources potential of subjects of public control in the Russian Federation?

Firstly, the effectiveness and efficiency of the work of this institution of civil society as a whole depends on the level of professionalism of all the above-mentioned categories of individuals who participate in the organization and functioning of subjects of public control, the organization and conduct of its individual events by them. The higher the level of this professionalism, the more quickly and efficiently these individuals improve their professional skills, accumulate knowledge, experience, etc., the greater the number of violations of the rights, freedoms and legitimate interests of individuals and legal entities they will be revealed during public control measures, the more effectively violations of the current legislation will be identified and suppressed legislation.

Secondly, in addition to the professionalism of the personnel of the subjects of public control, the level of their professional ethics is also important. For example, in the event of a conflict of interest, participants in public control events must, on the one hand, cease their participation in them, and on the other hand, notify the subject of public control of the conflict of interest in order for new representatives to be sent from this subject to continue the public control event. In addition, other representatives of the subject of public control must have a sufficient level of knowledge and competence in order to detect the specified conflict of interest in a timely manner, if for some reason information about it is not received from the specified representative of the subject of public control. This is necessary so that this representative is promptly removed from performing these functions and replaced with another representative of the subject of public control, and the process of organizing and conducting a public control event is not interrupted, the effectiveness and efficiency of the work of subjects of public control does not suffer from this.

Thirdly, in a rapidly globalizing world, all types of management decision-making are becoming more complicated, new modern digital technologies are increasingly being used, including artificial intelligence technologies, technologies for working with large amounts of data, which requires knowledge and experience of working with these technologies and representatives of subjects of public control. Since the development of these technologies takes place practically in real time, an adequate level of professionalism of representatives of subjects of public control is possible, on the one hand, with constant improvement of their professional qualifications through training, and on the other hand, by analyzing positive foreign experience in the field of training and retraining of personnel for various subjects of civil society.

Why is foreign experience in this field so important?

First of all, the above-mentioned technologies (for example, in the field of artificial intelligence) have centers of development and renewal in the United States, China, and a number of European Union countries. Therefore, in order for public control to be carried out as effectively as possible, it is necessary to use the most modern technologies in its implementation, which are precisely possessed by subjects of civil society in developed capitalist states.

What are the main areas of training and retraining for civil society actors abroad at the moment? Why do we address civil society as a whole in our analysis? Because in the European Union and the United States, the term "public control" does not apply to the control of civil society over the apparatus of public power and other objects exercising certain public powers. They use a number of other terms, for example, the terms "transparency" and "participation". Understanding transparency as the need for public authorities and other entities exercising certain public powers to ensure the necessary level of accessibility of information about their activities for civil society actors. In turn, "participation" in the West is understood as the mutual involvement of public authorities (other entities exercising certain public powers) and civil society entities in the processes of effective and full-fledged control of civil society over the activities of public authorities (other entities exercising certain public powers). Practically all types of civil society entities take part in the implementation of this control in one form or another, which ensures full and widespread coverage of all control objects with its activities in almost real time (and modern digital technologies contribute to reducing the labor and material costs of civil society entities in organizing and conducting control activities, which we are talking about mentioned earlier).

Among the main areas of training and retraining of personnel for subjects of public control in developed capitalist states (mainly the United States and the European Union), one can distinguish:

Firstly, the implementation of centralized training for civil society actors at the expense of international government organizations, for example, the governing structures of the European Union, in educational institutions, both by financing places in these educational institutions from public budgets, and by allocating grants to students from civil society actors (on a competitive or unconditional basis) from the budgets of these international governmental organizations, for example, the budget of the European Union, as well as its funds. For example, the Scholarship Program for Civil Society in the Eastern Partnership countries is actively funded by the European Union, which aims to achieve "high returns in terms of professionalization and professionalization of civil society and, thus, its ability to participate in the development of constructive cooperation policies and social dialogue in the Eastern Partnership countries." ^[15]

Secondly, the implementation of centralized personnel training for civil society entities at the expense of the state in educational institutions, both by financing places in these educational institutions from public budgets, and by allocating grants (on a competitive or unconditional basis) from public budgets to students representing civil society entities. For example, this practice is widespread in certain US states, which finance various training programs for civil society actors at the expense of states (this is actively used by states led by representatives of the US Democratic Party, for example, in New York State).

Thirdly, training of personnel for civil society actors at the expense of international non-governmental and national charitable foundations, foundations for the development of democratic rights and freedoms, etc. (usually in the form of grants). A classic example of such training is the Open Society Foundations, ^[12] funded by the American billionaire J. Soros. This foundation provides training and retraining for civil society actors around the world. It can be argued that the example of this fund is not successful. But it's not like that! This fund is just successful in imposing ideas and meanings of civil society that benefit the United States. The Russian Federation should stimulate the creation of private foundations (as well as foundations based on public-private partnership) that would introduce into Russian civil society, as well as the civil society of allied countries, the ideas and meanings of civil society necessary for the preservation and development of the Russian Federation, the promotion of the "Russian world", as repeatedly stated Russian President Vladimir Putin. And the key role in this process is precisely the training of personnel for civil society actors (including subjects of public control).

Fourth, personnel training for civil society entities is carried out by creating unions and associations for various types of civil society entities, followed by their organization of training for representatives of these entities who are founders (members) of the above-mentioned associations and unions. This training is carried out either at the expense of these associations and unions, or at the expense of sponsorship funds attracted by them (individuals and legal entities, international governmental and non-governmental organizations).

Fifthly, educational institutions (universities, colleges) allocate free places for training representatives of civil society entities, for example, whose activities are devoted to the protection of the rights and freedoms of certain categories of individuals whose rights and freedoms are infringed to a greater extent than other individuals (in particular, migrants, representatives of sexual minorities, etc.).

Conclusion

It seems that from the above-mentioned experience of training and retraining civil society personnel abroad in the Russian Federation, the following forms can be used (implemented):

First, the Russian Government should be instructed, after consultations with the country's Public Chamber, to develop and implement training programs for specialists, bachelors, and masters in the field of public control (at the expense of public budgets) in higher and secondary specialized educational institutions.

There are two main objections to this thesis. First, on what basis is the state obliged to spend money on training personnel for subjects of public control who are not public authorities? Secondly, on the basis of what such expenses should also be carried out from regional and local budgets? A number of theses can be cited in criticism of these objections. First of all, according to the legislation on public control, public authorities take part in the process of creating most types of subjects of public control (as we mentioned earlier in this article). Consequently, they are also responsible for ensuring the optimal level of organization and functioning of these entities, including in terms of the appropriate level of professional competence of personnel of subjects of public control. Moreover, public authorities, when appointing members of subjects of public control, are in no way connected, for example, with the need to verify the level of professional competence and knowledge in the field of public control among candidates for members of a subject of public control. In fact, he may not have the proper knowledge, skills, and competencies. Therefore, it is necessary to create conditions for his training, retraining, and advanced training (and at the expense of the budget of the appropriate level)!

Secondly, it is necessary to encourage the creation of associations and unions of subjects of public control, as well as the creation of associations and unions on the database (for example, the All-Russian Association of Subjects of Public Control) of a higher educational institution (in particular, in the form of ANO), where training and retraining of personnel for subjects of public control will be carried out.

Thirdly, the Government of the country should launch additional state grant programs for subjects of public control, in which their employees (members, representatives) will be able to participate, within which the winners will be able to undergo advanced training, vocational training and retraining at the expense of the federal budget. The existing programs funded by grants from the President of the Russian Federation are of a general nature (devoted in general to the development of the institute of public control and civil society). Therefore, targeted programs aimed at improving the human resources potential of subjects of public control are required.

Fourth, it is necessary to encourage private educational institutions to launch appropriate free professional training programs for representatives of subjects of public control (in exchange for various preferences from the state).

As a general recommendation, we consider it necessary to create a Scientific Research Institute of Public Control on the basis of the Public Chamber of the Russian Federation, which will constantly monitor the positive foreign practice of developing the institute of public control (including in terms of training and retraining of qualified personnel for it).

Alternatively, it is possible to create a National University at the expense of the federal budget, the main task of which will be the training of bachelors, specialists, masters, retraining of personnel for subjects of Russian civil society (at the expense of the federal budget).