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Peculiarities of the activity of public authorities within the framework of the development of e-government system

Lolaeva Al'bina Slavovna

ORCID: 0000-0002-9021-7531

PhD in Law

Docent, the department of Constitutional Law, Gorsky State Agrarian University; Docent, the department of Civil Law and Produre, North Caucasus Mining and Metallurgical Institute (State Technological University)

362027, Russia, respublika Severnaya osetiya-Alaniya, g. Vladikavkaz, ul. Kirova, 74, kv. 127

mirag.8184@yandex.ru
Other publications by this author
 

 

DOI:

10.25136/2409-7136.2022.1.37369

Received:

21-01-2022


Published:

02-02-2022


Abstract: This article examines the peculiarities of the activity of public authorities within the framework of the development of e-government system. The relevance of the selected topic is substantiated by the fact that the process of implementation of e-government in the Russian Federation should take place in the conditions of formatting the existing system of public administration. This requires the modernization of government bodies, i.e. creation of comprehensive electronic system for interaction of the public and municipal authorities with the population. In essence, the e-government represents the system of defined public legal institutions that ensure regulation for rendering government and municipal services to the population in the online format. The subject of this research is the activity of public authorities and local self-governments in the context of the development of e-government system. The conclusion is formulated that first and foremost e-government should consider the needs of society, as well as observe the rights and freedoms of citizens. Therefore, all communication mechanisms must correspond with the norms of international law, the Constitution of the Russian Federation, and Russian legislation. The process of creating e-government in Russia should be holistic and cover all state structures. E-government system must be unified for the entire Russian Federation.


Keywords:

democracy, e-democracy, e-government, e-state, electronic services, public authority, information society, scientific and technological progress, digitalization, information and communication technologies

This article is automatically translated. You can find original text of the article here.

The process of introducing an electronic state in the Russian Federation should take place in the conditions of formatting the existing system of public administration. It is necessary to modernize state bodies. This process should include the creation of a full-fledged electronic system of interaction of state and municipal authorities with the population.

In fact, the electronic state is a system of certain public legal institutions that regulate the provision of state and municipal services to the population in the online format.

It is necessary that the architecture of the electronic state includes innovative types of devices and access points. For this, for example, you can provide a voice interface. Assessing the effectiveness of the use of innovative devices, it is necessary, among other things, to take into account their social significance - for example, it is necessary to ensure that people with disabilities can access them.

The architecture of the electronic state is also the technical support of state information, information of users and third parties. Currently, a register of information resources with meaningful and formalized metadata is being formed, so it is important to provide for the possibility of flexible changes in the organization, formation, publication, modification and archiving of information depending on the actual requests and needs of users. It should be noted that the centralization of public information resources is combined with their communication to real users.

It is important that information security services are provided in the e-government architecture. It is necessary to continuously analyze the quality of security and develop a comprehensive security system. We emphasize that import substitution in the field of information security is a significant (but not the only) priority of import substitution processes for our country.

The central mechanism for organizing the activity of users of the electronic state is an individual information space. It can exist in different forms – in the form of a user's personal account, a virtual office of the company, etc. It is important that this space supports the activity of the individual in all the roles in which he acts, referring to the electronic state.

The architecture of the electronic state supports the possibility for the user to open access to part of the information of the personal account (virtual office) for the services of the user relations management system, in particular, for the preparation of proactive notifications and offers to the user about new benefits that become available to him, and other opportunities.

Management of the development of the architecture of the electronic state is carried out on the basis of monitoring the compliance of design solutions and ready-made components with generally accepted multilevel and multidimensional standards.

The architecture of the electronic state at the infrastructure level relies on the capabilities of a unified data transmission network and a national system of data processing centers for the centralization of software and information resources, the use of virtualization and other cloud computing technologies in order to reduce the unit costs of e-government and increase the scalability of its systems.

It is the functioning of the electronic state that makes it possible for the population to use the most advanced electronic technologies and quickly and efficiently receive the necessary state or municipal services [1, p. 90].

The set of services provided in electronic form is formed in advance, taking into account the possibilities of providing such services [2, p. 192].

As one of the main features of the electronic state, it is proposed to use the availability of information about the activities of the government, as well as the possibility of obtaining services in electronic form.

It becomes very convenient to use legal information located in the system of various services. This structure allows for electronic auctions and contests, leaving the system transparent and verifiable [3, p. 64].

The electronic state has a number of beneficial features both for the population and for the state itself, as it includes a number of elements: information systems of executive power; information systems in the subjects of the Russian Federation; information systems of local self-government bodies; the structure of public access; access centers in public reception rooms; departmental and regional telephone service centers; websites of public authorities on the Internet; regional multifunctional service centers (MFC) [4, p. 31].

But any large-scale events should be clearly oriented. It is necessary to predict not only the positive aspects of the development of the electronic state system, but also the possible negative of mass informatization. It is necessary to correctly analyze the consequences of information influences on the consciousness of each person. Unfortunately, this can lead to totalitarianism in certain areas of society.

The process of formation of an electronic state in Russia is beginning to be of great importance in the development of new information technologies and computer programs, the creation of new management personnel programs, the development of new standards and the development of new services for creating and processing information on the official websites of public authorities.

The first act on this path was the program adopted by the Decree of the Government of the Russian Federation No. 65 dated January 28, 2002 "On the federal target program "Electronic Russia (2002-2010)" [5]. During the period of this Program, numerous programs and projects aimed at improving the informatization of the public administration system were implemented. There were certain developments in the field of electronic information exchange between subjects. For the first time, the system of interaction between authorities and the population in remote mode was tested, the process of creating official websites of public authorities was developed [6].

But the Program also had a number of significant drawbacks: it could not satisfy the interest of many citizens in exercising their rights and legitimate interests when applying to state authorities. To reduce the problems in this area, a number of regulatory legal acts have been adopted: Strategy for the Development of the Information Society in the Russian Federation [7], Resolution of the Federation Council of the Federal Assembly of the Russian Federation of October 27, 2008 No. 367-SF "On Priorities of the Concept of Long-term Socio-Economic Development of the Russian Federation until 2020" [8], Decree of the Government of the Russian Federation of September 8, 2010 No. 1519-r "On the introduction of changes to the transition plan for the provision of public services and the performance of public functions in electronic form by federal executive authorities" [9].

It is during this period that a number of positive changes are taking place:

- an electronic document management system has been developed and implemented in the Presidential Administration of the Russian Federation and the connection of regional authorities to interdepartmental turnover;

- established MFCs providing state and municipal services;

- the principle of "one window" has been tested in the provision of services;

- the whole process of interdepartmental interaction in obtaining additional documents necessary for the provision of services takes place without the direct participation of the applicant [10, p. 34].

MFCs actively use electronic document management and become an intermediate bridge between citizens and public authorities, directing their appeals under their jurisdiction.

Building an electronic state requires coordinated work of authorities and civil society institutions. Otherwise, the wishes of citizens and their opinions about the functioning of the authorities online and in remote access conditions may be ignored.

Now the information and legal policy of the Russian Federation is actively developing. As proof, we can cite the testing of a newly developed e-government system. In particular, this system made it possible to create a website of the Government of the Russian Federation through which legal entities and individuals can promptly seek help in solving various issues and problems [11].

The most effective project in the field of implementation of the electronic state system is a portal called "Public Services". This portal is the main official state platform where users can receive all kinds of electronic public services.

The mechanism of exercising the right to appeal to state and local self-government bodies is also actively developing.

Electronic interaction and the provision of services in electronic format have significantly expanded after the Federal Law No. 210-FZ of July 27, 2010 "On the Organization of the provision of State (Municipal) Services" was adopted [12].

State and municipal services are provided on the basis of the following principles.

The principle of the legality of the provision of services; the principle of the declarative procedure for applying to municipal and state authorities; the principle of the legality of collecting state duty from the person submitting the application; the principle of openness of the work of state and municipal government bodies engaged in the provision of services in electronic form; the principle of accessibility of applications.

It should be noted that the availability of services for citizens is, perhaps, the key principle of the e–government system. A visitor to the website "Public Services" can get an exhaustive list of services divided into categories.

The provision of any type of services is regulated by the Decree of the Government of the Russian Federation No. 236 dated 26.03.2016 On the Requirements for the Provision of State and Municipal Services in Electronic Form. There are several options for submitting an application. In particular, it can be sent personally, with the help of legal representatives or MFC.

The portal "Public Services" confirms the fact that today there is a unified system of access to a variety of public services in the country. This ensures interaction between the state and the population, the state and the person in the conditions of actively changing realities.

Studying the experience of the implementation and functioning of the electronic state system in other countries, it is necessary to focus on the experience of European countries.

So, in Italy, in accordance with paragraph 1, paragraph 2 of Article 63 of the Code of Electronic Government, public authorities develop and provide a variety of services on the Internet. The purpose of these services is to meet the needs of citizens. For example, to provide a comprehensive review of cases, check the results and identify the level of user satisfaction [14].

Article 5A of the Greek Constitution provides for the right of public access to public data, as well as the right to participate in the information community [15].

It should be noted that many countries provide rules governing the electronic state. For this purpose, special laws and codes, provisions of state constitutions are being created.

In the future, it is necessary to ensure compliance of the electronic state with several principles, the purpose of which is to protect the rights of the population, state security, as well as the strengthening and development of other areas of social life:

- it is necessary to ensure flexible and timely adaptation to the newly emerging threats to information security, the requirements and expectations of citizens, the reform of legislation and technology;

- it is necessary to focus on the real needs of the population, for which social surveys are conducted using electronic communication tools;

- it is necessary to apply innovative methods of cooperation with entrepreneurship;

- it is necessary to take into account the peculiarities of requests and opportunities of different groups of citizens and social strata (first of all, this applies to socially unprotected categories of citizens);

- it is necessary to provide state and municipal services using mobile phones (for this it is necessary to establish cooperation with cellular operators), terminals, cable television and other telecommunication means;

- it is important that each administrative-territorial unit has its own centers for providing services in electronic format. It is necessary to develop their electronic nationwide map;

- it is important that state and municipal standards for the provision of services in electronic form are integrated, taking into account the specifics of the activities of municipalities;

- it is necessary to develop a modern culture of e-government, which will include the information and legal culture of citizens, as well as the managerial culture of officials representing state and municipal government bodies;

- it is necessary to motivate citizens to use the possibilities of e-government;

- it is important to monitor the performance indicators of government bodies in the field of e-government functions in open access.

In conclusion, we note that the electronic state needs to take into account, first of all, the requests and needs of the population. It is important that it is aimed at observing and ensuring the rights and freedoms of citizens. In this regard, it is necessary that all mechanisms of interaction comply with international legal provisions, the Constitution and legislation of the Russian Federation.

The process of creating an electronic state in Russia should be comprehensive and cover all state structures, and the electronic state system should be unified throughout the territory of the Russian Federation.

References
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2. Kiselev A.S. Prichiny i neobkhodimost' ispol'zovaniya informatsionnykh tekhnologii v deyatel'nosti rossiiskogo gosudarstvennogo apparata // Sotsial'no-ekonomicheskie yavleniya i protsessy. 2018. T.10. № 9. S. 190-197.
3. Trakhtenberg A.D. Elektronnoe pravitel'stvo i elektronnye uslugi: operatsionalizatsiya administrativnoi ideologii i taktiki grazhdan // Nauchn. ezhegodnik Instituta filosofii i prava Ural'skogo otdeleniya Ros. akad. nauk. 2019. T. 16. № 2. S. 63-79.
4. Kozhenko Ya.V. Problemy i perspektivy razvitiya servisnogo podkhoda v sisteme gosudarstvennogo upravleniya (na primere elektronnogo pravitel'stva) // Yurist''-Pravoved''. 2082. № 1 (50). S.31-35.
5. Postanovlenie Pravitel'stva RF ot 28 yanvarya 2002 g. № 65 «O federal'noi elevoi programme «Elektronnaya Rossiya (2002-2010 gody)» // Sobr. zakonodatel'stva Ros. Federatsii. 2002. № 5. St. 531.
6. Postanovlenie Soveta Federatsii Federal'nogo Sobraniya RF ot 27 oktyabrya 2008 g. № 367-SF «O prioritetakh Kontseptsii dolgosrochnogo sotsial'no-ekonomicheskogo razvitiya Rossiiskoi Federatsii do 2020 g.» // Sobr. zakonodatel'stva Ros. Federatsii. 2008. № 44 St. 5016.
7. Strategiya razvitiya informatsionnogo obshchestva v Rossiiskoi Federatsii (utv. Prezidentom RF 7 fevralya 2008 g. № Pr-212) // Ros. gaz. 2008. № 34. S. 25.
8. Postanovlenie Soveta Federatsii Federal'nogo Sobraniya RF ot 27 oktyabrya 2008 g. № 367-SF «O prioritetakh Kontseptsii dolgosrochnogo sotsial'no-ekonomicheskogo razvitiya Rossiiskoi Federatsii do 2020 g.» // Sobr. zakonodatel'stva Ros. Federatsii. 2008. № 44 St. 5016.
9. Rasporyazhenie Pravitel'stva Rossiiskoi Federatsii ot 8 sentyabrya 2010 g. № 1519-r «O vnesenii izmenenii v plan perekhoda na predostavlenie gosudarstvennykh uslug i ispolnenie gosudarstvennykh funktsii v elektronnom vide federal'nymi organami ispolnitel'noi vlasti» // Ros. biznes-gazeta. 2010. № 768 (35).
10. Reshetnyak V.I., Smagina E.S. Informatsionnye tekhnologii v grazhdanskom sudoproizvodstve (rossiiskii i zarubezhnyi opyt).-M.: Izd. dom «Gorodets», 2017. – 304 s.
11. O saite Pravitel'stva Rossiiskoi Federatsii [Elektronnyi resurs].-URL: http://government.ru/. (data obrashcheniya: 05.05.2020).
12. Federal'nyi zakon ot 27 iyulya 2010 g. № 210-FZ (red. ot 28.12.2021) «Ob organizatsii predostavleniya gosudarstvennykh i munitsipal'nykh uslug» // Sobr. zakonodatel'stva Ros. Federatsii. 2010. № 31. St. 4179.
13. Postanovlenie Pravitel'stva RF ot 26.03.2016 № 236 «O trebovaniyakh k predostavleniyu v elektronnoi forme gosudarstvennykh i munitsipal'nykh uslug» // Ros. gaz. 2016. № 6943.
14. Codice amministrazione digitale (Ultimo aggiornamento 06 Ottobre 2016). Art. 63.-Organizzazione e fmalitadeiservizi in rete [Elektronnyi resurs].-Rezhim dostupa: http://www.agid.gov.it/cad/codice-amministrazione-digitale. (data obrashcheniya: 16.01.2022).
15. The Constitution of Greece. As revised by the parliamentary resolution of May 27-th 2008 of the VIII th Revisionary Parliament [Elektronnyi resurs].-URL: http://www.hellenicparlia-ment.gr/UserFiles/f3c70a23-7696-49db-9148-f24dce6a27c8/001-156%20aggliko.pdf (data obrashcheniya: 17.01.2022).

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The article is devoted to the peculiarities of the organization of the mechanism of legal regulation of digitalization of public authorities. In this context, the author is recommended to correct the title of the work. The article uses formal legal, comparative legal (basic) approaches, as well as methods of analysis, synthesis, deduction, induction, hermeneutical, historical methods. The relevance of the topic is seen in the context of an in-depth analysis of the features of the organization of the mechanism of legal regulation of the digitalization of public authorities. The novelty of the article can be traced in the perspective of the author's own judgments, the estimates given by him. The structure of the article as a whole meets the requirements of consistency and logical presentation. The style of the article meets the requirements for legal publications. However, there are spelling errors in the work. In terms of content, a fairly complete analysis of federal legal acts regulating the procedure and conditions for the introduction of digital technologies in the public administration system, including the structure of the established range of functions of public authorities, deserves attention. The correlations indicated by the author between the "electronic state" and the interests of the population and business entities are interesting. It is also necessary to positively evaluate the system analysis of the topic. The author literally formulates the main and most significant positions of the subject of research with theses. At the same time, the author's work, like any creative independent research, is not free from some shortcomings and controversial aspects. Thus, the definition of the concept of "electronic state" is controversial, since it is not only a system of public law institutions and not only services. After all, an electronic state is a digital platform regulated by relevant legal acts, which allows public authorities and public law organizations to provide information to citizens, including services. In addition, the article needs to specify the theses formulated by the author. Thus, it would be necessary to point out the actual requests of the population in the relevant information provided by public authorities and public law organizations. In the absence of this specification, the article seems to be somewhat superficial, postulating. It was also desirable to analyze the regional and municipal cross-section of public law regulation. It would be necessary to thoroughly analyze the disadvantages of digitalization, including the development and transformation of the resources of the "electronic state". The bibliography is not enough. The appeal block has not been identified. The work, in principle, has no signs of discussion. Conclusions: in general, the author's research can be positively assessed. The material has been carefully worked out, the structure of the article is sustained, the author skillfully uses legal vocabulary, the author's systematic thinking deserves special attention, which is manifested in the abstract presentation of a number of fundamental positions. The article is relevant in the light of the ongoing processes of increasing digitalization in the public law system, including in the framework of the implementation of functions by public authorities. In this regard, the material will undoubtedly be useful to readers as a summary (brief) analysis of issues and trends, as well as legal regulators. On this basis, I believe that the article can be recommended for publication.
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