Olga Romanovskaya

Deconcentration of Public Administration: Law and Administrative Reform

2019. No. 1. P. 4–24 [issue contents]
The development of state institutions occurs under the pressure of many factors, includingglobalization of the economy, internationalization of law, informatization of public and private life are taking an increasing place. This forces the state to look for new modelsof public administration. Libertarianism, represented by F. Hayek, M. Friedman andmany others, suggests that we go beyond the classical understanding of the role of thestate and focus on the active implementation of certain forms of power deconcentration:deregulation, co-regulation, self-regulation, quasi-regulation. Administrative reform,claimed in Russia, uses almost all of the named forms. The article shows the experienceof their application in law-making and law-enforcement practice. It was proved that manyof the conclusions formulated in the foreign legal science regarding co-regulation andself-regulation could be used in Russian legislation. The article singles out the criteriathat the process of deconcentration of state power must meet: the presentation ofspecial requirements to the institutional basis of forms of deconcentration; subsidiarity atall stages of the management process, including the freedom and responsibility of bothparties; transparency of the system, ensuring public control; indication of all participantsin the managerial process, when everyone should clearly represent expectations of someform of deconcentration of power; ideological support, which assumes both a rationalefor initiating the process of deconcentration, and propaganda of best practices. Theconclusion is that there is no systematic approach to administrative reform in Russia. Itsbasis to the present time is the Presidential Decree of 2003, which did not find its consistentdevelopment in the basic acts of the state bodies. They made attempts to create a quasiministerialin the form of the state corporation Rosatom, while consistently criticizingthe form itself, but creating public-law entities and public firms. It is experimenting withpreferential administrative regimes, using an individual approach when passing laws onindividual participants in the management process (Skolkovo Center, medical cluster,Vladivostok harbor, etc.). Each experiment is not based on well-elaborated concept ofpublic administration reform, adapted to the rapidly changing economic situation.
For citation: Romanovskaya O.V. (2019) Deconcentration of Public Administration: Law and Administrative Reform. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 4–24 (in Russian) DOI: 10.17-323/2072-8166.2019.1.4.24
Citation: Romanovskaya O. (2019) Dekontsentratsiya publichnogo upravleniya: pravo i administrativnaya reforma [Deconcentration of Public Administration: Law and Administrative Reform]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1, pp. 4-24 (in Russian)
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