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Evolution of Public Administration in the Russian Federation

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Public Service Evolution in the 15 Post-Soviet Countries
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Abstract

This chapter is an overview of the public administration and civil service reforms that took place in the Russian Federation after the dismantling of the Soviet Union in 1991. Having quality human resources and abundant natural wealth, as well as a thousand-year history and a great culture, the Russian Federation needs to improve its system of government to guarantee high living standards of its citizens and warrant its cultural and political future. The chapter identifies key qualitative characteristics of the existing system of the state and municipal administration of the Russian Federation, and it analyses the difficulties and inconsistencies of its development. It also pinpoints the challenges that the Russian Federation has been facing recently due to reduced global demand for traditional commodities, deteriorating geopolitical situation, and a shrinking working-age population. Keeping in mind the existing external and internal challenges, the author analyses key stages of government transformation, as well as its various aspects, e.g., administrative reform, civil service reform, electronic government, fiscal reform, reform of control and supervision activities. Special attention is paid to the analysis of the various subsystems of the civil service, namely, the system of the civil service administration, training of professional managers for the system of the state and municipal administration, elaboration of organisational and legal mechanisms to counter corruption in state and municipal bodies, resolution of conflicts, etc.

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Notes

  1. 1.

    Federal Service of State Registration, Cadastre and Cartography (Rosreestr).

  2. 2.

    Approved by Decree of the President of the Russian Federation № 808 (24 December 2014).

  3. 3.

    17 countries of the World that Read Most, International Institute for Marketing Research GfK, Vesti. Economics (28.03.2017).

  4. 4.

    Kitty Gupta. Top 10 countries with the best computer programmers, Freelancing Gid (20.12.2018).

  5. 5.

    Khushboo Sheth, Top 10 Countries That Produce the Most Engineers, World Atlas (18.07.2018).

  6. 6.

    http://www.gks.ru/wps/wcm/connect/rosstat_main/rosstat/ru/statistics/science_and_innovations/science/#.

  7. 7.

    National Project “Science” for the period between 2019 and 2024.

  8. 8.

    The Russian Federation comprises 85 constituent entities, including 46 oblasts (regions), 22 republics, 9 krais, 3 federal cities, 4 autonomous districts and 1 autonomous oblast.

  9. 9.

    https://wciom.ru/index.php?id=236&uid=115866%20.

  10. 10.

    World Economic Outlook Database, International Monetary Fund (April 2017).

  11. 11.

    For more details see, Bartsits I. N. 2019. System of State and Municipal Administration: Lecture Course: in 2 volumes. Publishing House “Delo” RANEPA.

  12. 12.

    http://www3.weforum.org/docs/GCR2018/05FullReport/TheGlobalCompetitivenessReport2018.pdf.

  13. 13.

    http://www.doingbusiness.org/content/dam/doingBusiness/media/Annual-Reports/English/DB2018-Full-Report.pdf.

  14. 14.

    https://data.worldbank.org/data-catalog/worldwide-governance-indicators.

  15. 15.

    Actual assessments of the state of the social sphere of the Russian Federation in foreign sources (Klimenko et al. 2017).

  16. 16.

    Key Focus Areas of the Government of the Russian Federation for the period up to 2018, approved by the Government of the Russian Federation (14 May 2015).

  17. 17.

    Mau V. A. In a new economic model of the world, it is key to find causes of stagnation (11 January 2017); http://tass.ru/opinions/interviews/3932931.

  18. 18.

    The Federal Assembly consists of two chambers—the Council of Federation and the State Duma. The chambers have a different status and scope of authority and are formed differently. The procedures for forming the Council of Federation and the procedure for electing deputies to the State Duma are established by federal law.

  19. 19.

    Paragraph 2, Article 110 of the Constitution of the Russian Federation.

  20. 20.

    Federal Constitutional Law (31 December 1996) “On the Judicial System of the Russian Federation”, as amended by the Federal Constitutional Law № 4-FKZ (5 February 2014); Collected Acts of the Russian Federation (1997), № 1, Article 1.

  21. 21.

    Listed in Paragraph 1 of Article 11 of the Constitution.

  22. 22.

    Approved by Resolution of the Government of the Russian Federation № 1789-r (25 October 2005).

  23. 23.

    State Automated Information System “Administration”.

  24. 24.

    This legal framework included adoption of the “Concept of Reducing Administrative Barriers and Improving Access of Government Services 2011-2013”; the Federal Law № 210-FZ (27 July 2010) “On Provision of Government and Municipal Services”; Decree of the President of the Russian Federation № 601 (7 May 2012) “On the Main Directions in Improving the Public Administration System”; Decree of the President of the Russian Federation № 126 (9 February 2013) “On Commission for Civil Service and Administrative Personnel Pool under the President of the Russian Federation”; Decree of the President of the Russian Federation № 403 (11 August 2016) “On the Main Directions of Development of Civil Service in the Russian Federation in 2016-2018”; Resolution of the Government of the Russian Federation № 934-r (17 May 2016) “On the Main Directions of Development and Introduction of a System of Evaluation of Effectiveness and Efficiency of Control and Supervision Activities”; Decree of the President of the Russian Federation № 288 (24 June 2019) “On Priorities of Development of Civil Service in the Russian Federation in 2019-2021”, etc.

  25. 25.

    See also the Administrative Reform Portal at http://ar.gov.ru/.

  26. 26.

    The objective of this Programme is to improve the quality of citizens’ life through the introduction of information and communication technologies in the delivery of public services.

  27. 27.

    The Russian Federation ranks 32nd in the UN 2018 E-Government Development Index rankings, as opposed to ranking 27th in 2012–2014; https://publicadministration.un.org/egovkb/en-us/Reports/UN-E-Government-Survey-2018.

  28. 28.

    For more detailed information please see Appendix 12.1.

  29. 29.

    Collected Acts of the Russian Federation (2 June 2003), № 22, Article 2063.

  30. 30.

    Collection of Legislation of the Russian Federation (2 August 2004), № 31, Article 3215.

  31. 31.

    Most of these decrees are mentioned above in sub-section “stage 6 (2010 to present)”.

  32. 32.

    Paragraph 4, Article 32 and Paragraph “r”, Article 71 of the Constitution of the Russian Federation.

  33. 33.

    Concept of Reform of the State Service System of the Russian Federation approved by the President of the Russian Federation 15 August 2001; The text of the Concept has not been officially published.

  34. 34.

    http://www.gks.ru/wps/wcm/connect/rosstat_main/rosstat/ru/statistics/state/#.

  35. 35.

    Approved by Decree of the President of the Russian Federation № 242 (28 October 1991).

  36. 36.

    Approved by Decree of the Government of the Russian Federation № 145 (6 March 1992).

  37. 37.

    Collected Acts of the Russian Federation (2002), № 47, Article 4664.

  38. 38.

    Decree of the President of the Russian Federation № 126 (9 February 2013) “On Commission for Civil Service and Administrative Personnel Pool under the President of the Russian Federation”, as amended by Decree of the President of the Russian Federation № 491 (18 October 2017); Collected Acts of the Russian Federation 3 (11 February 2013), № 6, Article 500.

  39. 39.

    Decree of the President of the Russian Federation № 1382 (4 December 2009) “On Approval of ‘Provisions on Department of the President of the Russian Federation for State Service and Personnel’, as amended by Decree of the President of the Russian Federation № 656 (7 December 2016)”; Collected Acts of the Russian Federation (7 December 2009), № 49 (Part II), Article 5922.

  40. 40.

    Executive Order of the Government of the Russian Federation № 88-p (28 January 2011) “On Establishment in the Executive Office of the Government of the Russian Federation of the Department for State Service and Personnel of the Government of the Russian Federation”.

  41. 41.

    Decree of the Government of the Russian Federation № 610 (19 June 2012) “On Approval of the Provisions on the Ministry of Labour and Social Protection of the Russian Federation, as amended by Executive Order of the Government of the Russian Federation № 797 (5 July 2017)”; Collected Acts of the Russian Federation (25 June 2012), № 26, Article 3528.

  42. 42.

    Approved by Order on the Ministry of Labour of Russia № 1 (12 January 2015).

  43. 43.

    Decree of the President of the Russian Federation № 288 (24 June 2019) “On Priorities of Development of the State Civil Service of the Russian Federation for 2019 – 2021”; http://www.kremlin.ru/acts/bank/44367.

  44. 44.

    Government of the Russian Federation Order № 1646-r (24 July 2019) “On Approval of the Plan of Measures (‘Road Map’) for the implementation of the main directions of development of the civil service of the Russian Federation for 2019–2021”.

  45. 45.

    Federal Law № 79-FZ, Article 70.

  46. 46.

    Decree of the Government of the Russian Federation № 397 (31 March 2018).

  47. 47.

    https://www.garant.ru/products/ipo/prime/doc/72098548/#110.

  48. 48.

    The stages are defined by Clause 6 of the Regulation on Competitions for filling vacant civil service positions (Decree № 112), as well as in the Unified Methodology and the Methodological Instrumentation.

  49. 49.

    The decision of the contest commission in selecting the winner of the competition for the vacant civil service position—the candidate(s) for inclusion in the personnel reserve—is made by simple majority of open votes by the commission members present at the meeting. When making a decision, the members of the contest commission are guided by the assessment results of the professional level of candidates and their rating.

  50. 50.

    Please see Article 9 Federal Law № 79-FZ “…Civil service posts are divided into categories and groups”. There are four main categories of civil service posts (1) Heads; (2) Advisers; (3) Specialists; (4) Providing specialists.

  51. 51.

    What combination of evaluation methods to be used are a prerogative of the prospective employer to decide independently from the specific methods of evaluation and approaches for their application contained in the methodology of the competition; as approved by a regulatory legal act of the relevant state government entity.

  52. 52.

    It is worth noting that the personnel reserve is an important mechanism for filling vacant civil service positions, especially in cases when it is necessary to fill a position in the short term.

  53. 53.

    Approved by the Presidential Commission for State Service and Administrative Personnel Pool, Minutes № 5 (29 November 2017).

  54. 54.

    https://gossluzhba.gov.ru/Rezerv.

  55. 55.

    Executive Order of the Government of the Russian Federation № 636-r (22 April 2010) “On the Approval of the Federal Programme ‘Training and Retraining of Reserve Administrative Personnel (2010-2018)”, as amended by Executive Order of the Government of the Russian Federation № 2775-r (30 December 2015)”; Collected Acts of the Russian Federation (2010), № 19, Article 2339.

  56. 56.

    Letter dated 28 April 2018 № 18-0/10/P-2957.

  57. 57.

    http://xn--80aagmefqvffhccromen.xn--p1ai/.

  58. 58.

    http://www.ranepa.ru/ob-akademii.

  59. 59.

    Important for the implementation of higher education programmes of the Academy is its collaboration with prospective employers, which implies involvement in training activities of their representatives (professors of practice), as well as internship programmes that help students to fulfil their potential.

  60. 60.

    For example, “дoпoлнитeльныx пpoфeccиoнaльныx пpoгpaмм”.

  61. 61.

    http://www.ranepa.ru/ob-akademii.

  62. 62.

    Unified Personnel Management Information System (EИCУ КC - Eдинaя Инфopмaциoннaя Cиcтeмa Упpaвлeния Кaдpoвoгo Cocтaвa).

  63. 63.

    Federal Law № 79-FZ (27 July 2004) “On the State Civil Service of the Russian Federation”, as amended by Federal Law № 461-FZ (11 December 2018).

  64. 64.

    Federal State Statistics Service http://www.gks.ru/.

  65. 65.

    Decree of the President of the Russian Federation № 601 (7 May 2012) “On the Main Directions of Improving the Public Administration System”.

  66. 66.

    https://rosmintrud.ru/uploads/imperavi/ru-RU/Metodika_po_vsestoronnej_otcenke.pdf.

  67. 67.

    A comprehensive assessment can be scheduled (carried out annually since the reporting period is a calendar year or a service year); or unscheduled (carried out when the reporting period is less than a calendar year or a service year).

  68. 68.

    “A” = highest level; “B” = high level; “C” = sufficient level; “D” = insufficient level; and “E” = unsatisfactory level (Methodology for a comprehensive assessment of civil servants’ performance; https://rosmintrud.ru/uploads/imperavi/ru-RU/Metodika_po_vsestoronnej_otcenke.pdf).

    “B”—“high level”, “C”—“sufficient level”, “B”—“insufficient level”, “E”—“unsatisfactory level” is contained in the Methodology for a comprehensive assessment of professional performance of a state civil servant.

  69. 69.

    In the manner prescribed by Federal Law № 79-FZ, Article 64, Paragraph 6.

  70. 70.

    Prescribed by Federal Law № 79-FZ, Article 48, Paragraph 4.

  71. 71.

    Prescribed by Federal Law № 79-FZ, Article 48, Paragraph 15.

  72. 72.

    Federal Law № 79-FZ, Article 31, Part 4.

  73. 73.

    Russian Justice. 2004. № 4; Collected Acts of the Russian Federation (2006), № 26, Article 2780; Bulletin of International Treaties (2006), № 10.

  74. 74.

    Federal Law № 172-FZ (17 July 2009) “On Anti-Corruption Examination of Regulatory Legal Acts and Drafts of Regulatory Legal Acts”, as amended by Federal Law № 279-FZ (21 October 2013); Collected Acts of the Russian Federation (20 July 2009), № 29, Article 3609.

  75. 75.

    Federal Law № 230-FZ (3 December 2012) “On Control over Consistency of Expenditures of Persons Holding Government Offices and of Other Persons to Their Income”, as amended by Federal Law № 303-FZ (3 November 2015; Collected Acts of the Russian Federation (10 December 2012), № 50 (Part IV), Article 6953.

  76. 76.

    Federal Law of the Russian Federation № 79-FZ (7 May 2013) “On Prohibiting Certain Categories of Persons to Open and Hold Accounts (Deposits), to Keep Cash and Valuables in Foreign Banks Located outside of the Territory of the Russian Federation, Possess and/or Use Foreign Financial Instruments”, as amended by Federal Law № 505-FZ (28 December 2016); Collected Acts of the Russian Federation (13 May 2013), № 19, Article 2306.

  77. 77.

    Decree of the President of the Russian Federation № 1060 (28 July 2012) “On the Approval of the Composition of the Council for Combatting Corruption under the President of the Russian Federation and of the Composition of the Presidium of this Council”, as amended by Decree of the President of the Russian Federation № 489 (18 October 2017); Collected Acts of the Russian Federation (2012), № 32, Article 4481.

  78. 78.

    Established pursuant to Presidential Decree № 815 (19 May 2008) “On Anti-Corruption Measures” (Paragraph 2, item “a”).

  79. 79.

    http://rosmintrud.ru/labour/public-service/101.

  80. 80.

    Executive Order of the Government of the Russian Federation № 2867-r (28 December 2016).

  81. 81.

    2016 Survey of Competitive Environment in Russia, Analytical Centre under the Government of the Russian Federation, 2016, p. 24.

  82. 82.

    This training is held within the framework of performance of government tasks assigned to RANEPA under the President of the Russian Federation and to other leading educational institutions.

  83. 83.

    Decree of the President of the Russian Federation № 403 (11 August 2016) “On the Main Directions of Development of Civil Service of the Russian Federation in 2016-2018”; Collected Acts of the Russian Federation (15 August 2016), № 33, Article 5165.

  84. 84.

    Collected Acts of the Russian Federation (25 January 2017), № 4, Article 1943.

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Appendix 12.1 Civil Service Regulations

Appendix 12.1 Civil Service Regulations

The federal laws below play a special role in the regulation of civil service of the Russian Federation:

  1. 1.

    Federal Law № 58-FZ (27 May 2003) “On the System of Public Service of the Russian Federation”. According to the Constitution of the Russian Federation, this law defines the legal and organisational framework for the system of public service of the Russian Federation, including the system of administration of public service in the Russian Federation. This law captures in legislation the types of public service, organisational and legal separation of civil, military and other types of service, and establishes a regulatory framework: positions in public service (positions in federal civil service) (Article 8); registers of positions (Article 9); registers of civil servants (Article 15); legal status of federal public servants (Paragraph 4, Article 10); staffing of public service (Article 11); joining the civil service, official career in service, and retirement from service (Article 12); class ranks, diplomatic ranks, military and special ranks (Article 13); length of Public service; personal data of government servants (Article 14); management of Public Service (Article 16); personnel pool of Public Service (Article 17); financing of Public Service, and Public Service reform and development programmes (Article 18). In fact, Federal Law № 58 is basic or generic in nature. It establishes general principles and key provisions for Public Service regulation. It serves as a basis for adoption of a more detailed federal public service legislation, including laws on civil service, and laws on civil service of constituent entities of the Russian Federation.

  2. 2.

    Federal Law № 79-FZ (27 July 2004) “On Civil Service of the Russian Federation” deals with questions of civil service as one of the types of Public Service of the Russian Federation. This law reflects pressing challenges of the reform of the civil service; defines the principles of civil service and the legal status of federal civil servants, as well as of civil servants of the constituent entities of the Russian Federation; classifies service jobs of civil service and their respective qualification criteria; defines the procedure of acceptance into civil service and the order of discharge of service duty; as well as key labour practices of civil servants; establishes the mechanism for settlement of conflicts of interests in civil service, and deals with some other questions of civil service.

  3. 3.

    Other federal laws, including those that regulate funding of Public Service, e.g. fiscal and tax legislation, professional education of public servants, e.g. education legislation, laws on higher and postgraduate education, etc, as well as property relations in the system of Public Service (civil law), legal responsibility of public servants (administrative and criminal law), etc.

A key component of the regulation of relations of civil service are decrees and directions of the President of the Russian Federation. Presidential memoranda are an important source of Public Service law. To ensure implementation of federal laws, the President of the Russian Federation has issued the following decrees:

  • Decree № 403 (11 August 2016) “On the Main Directions of Development of Civil Service of the Russian Federation in 2016–2018”;Footnote 83

  • Decree № 16 (16 January 2017) “On Qualification Requirements of Government Experience or Relevant Professional Experience and of Training Background to Be Met by Candidates for Federal Civil Service”; etc.Footnote 84

Other Acts of the Government of the Russian Federation provide the legal and organisational framework for enforcement of the civil service laws and decrees of the President of the Russian Federation concerning the civil service. In fact, they are enablers of the day-to-day administration of the Civil Service. Some decrees and executive orders of the Government of the Russian Federation are embedded in federal laws. Thus, Article 61 of Chapter 13 of Federal Law № 79 “On Forming of Personnel Pool of Civil Service” provides for the adoption of statutory instruments enabling training, retraining, enhanced training, and internship of civil servants. Government order for additional professional training of federal civil servants, including its volume and structure, shall be approved by the Government of the Russian Federation and shall come into effect when the federal budget law for the year in question is approved (Paragraph 4, Article 63).

Among the most numerous statutes on the Civil Service are the statutory instruments of federal State bodies that regulate performance of duties by their personnel. On top of that, statutory instruments regulating the Civil Service include law enforcement practice of the Supreme Court of the Russian Federation and rulings of the Constitutional Court of the Russian Federation and other judicial authorities.

For the regulation of the civil service of constituent entities of the Russian Federation, in addition to international and federal law, an important role belongs to the statutes of such constituent entities of the Russian Federation. Developing and adopting such statutory instruments, state bodies of constituent entities of the Russian Federation must proceed from fundamental principles of civil service stipulated in Paragraph 2, Article 4 of Federal Law № 79, which delineates the unity of the legal and organisational framework of federal civil service and civil service of constituent entities of the Russian Federation.

The structure of civil service legislation of constituent entities of the Russian Federation normally includes provisions that are common for all constituent entities and cover the following: (1) basic definitions and sources of regulation of civil service; (2) classification of civil service positions, qualification requirements of civil servants, register of civil service positions, class rates, personal details and staffing; (3) legal status of civil servants, their basic rights, duties, incentives, responsibility, as well as their social guarantees, submission of details of civil servants’ income, property obligations and remuneration; (4) operation of the State bodies’ personnel departments, management of civil servants’ personal data; and (5) funding of civil service and its development.

Analysis of civil service laws of constituent entities of the Russian Federation shows that quite often such laws are passed in the form of hefty documents that contain provisions which overlap with provisions of federal laws. Therefore, the regulatory potential of such laws is weak. Other constituent entities of the Russian Federation prefer focusing on regulation of issues that fall within their competence (Bartsits et al. 2018).

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Bartsits, I.N. (2022). Evolution of Public Administration in the Russian Federation. In: Baimenov, A., Liverakos, P. (eds) Public Service Evolution in the 15 Post-Soviet Countries. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-16-2462-9_12

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