INTRODUCTION

In the Russian Federation, the institution of provision of public services to the population is actively developing. At the federal level and in the constituent entities of the Russian Federation normative legal acts are adopted, administrative regulations for the provision of public services are approved, lists of public services provided by federal executive authorities and executive authorities of the constituent entities of the Russian Federation are formed. Improving the quality and availability of public services to the population is defined as the state priorities of modern Russia (Decree of the President of the Russian Federation, No. 601, 07.05.2012). The number of citizens applying for services in electronic form is increasing. Thus, according to the Ministry of Communications of the Russian Federation, in 2018 the number of users of the public services portal increased by 21 million, which is 55 percent higher than in 2017 and totaled 86 million people. The number of visits to the portal increased by more than 30 per cent, to 582 million users; 1.6 million citizens on average visited www.gosuslugi.ru daily. The most popular service is the service of receiving information about the status of personal account in the Pension Fund of Russia - 16 million requests were sent. The next most popular service is vehicle registration: it was used 4.8 million times. Approximately 3 million applications were received for the issuance of a foreign passport of a citizen of the Russian Federation of the last generation and for the registration of the right of ownership; almost 2.6 million state services were provided to replace the driver’s license (according to statistical information of the Ministry of Communications of the Russian Federation). Public services are becoming an effective tool in the interaction between the population and the state, aimed at ensuring the rights and freedoms of individuals.

Public services provided to individuals and legal entities by public authorities become the subject of close attention of representatives of various scientific directions. The Russian scientific community, as well as in foreign literature (Kozhenko, 2012) has not yet developed a conditionally identical definition of the concept of public services provided by public authorities; there is no uniformity in the definition of their legal nature. Absence of a uniform scientifically grounded conceptual approach to the problems of the legal institute of public services provided by public authorities, is faced its manifestation in a certain inconsistency of the Russian legislation in connection with the provision of public services to the population.

DEVELOPMENT

Purpose and objectives of the study. In this regard, the relevance of the article is due to the knowledge of the legal nature of public services provided by public authorities in Russia, the definition of their concept, the need to study the emerging priorities and directions of its functioning in the improvement of public administration, as well as the study of foreign experience in the formation and development of public services in order to adapt it in Russian conditions.

Materials and methods of research. The subject of the study was the fundamental provisions of the Constitution of the Russian Federation (Constitution, 2014), the normative legal acts adopted on their basis in connection with the provision of public services by public authorities to the population, the generally recognized concepts of improvement of public administration, adapted in the conditions of modernization of public administration in the countries of Europe and other states - the concept of “strong” and “service” state; scientific judgments and positions of Russian and foreign scientists in the mentioned spheres

As a methodological basis of the research, the general scientific and private scientific methods of studying the legal institute of public services provided by public authorities were used. The dialectical method, as a general scientific method of research, implies the study of legal phenomena from the point of view of dialectics. Accordingly, by its means and methods it is possible to penetrate into the essence of public services provided to the population by public authorities, to identify their legal nature, to formulate a definition of the concept and outline the prospects for further development of civil society and improvement of the Russian state, caused, in particular, by the processes of digitalization of public administration. In order to achieve the goal of the present study, historical, comparative, formal and legal, normative, logical, systemic, structural and functional methods in their various combinations were used as frequency-scientific methods.

Results of the research and their discussion. As a result of the conducted researches it is necessary to ascertain that the cognition of the legal nature and peculiarities of the state service is fairly connected by the researchers with the definition of its place in the system of public, public and social services; in fact, it was the starting point in the formation of the Russian concept of public services (Nesterov, 2005).

The concepts of “public services”, “public services”, “social services” entered the Russian reality initially from foreign science and were conditioned by the reforms of the public administration system in European countries in the 90s of the last century (Tikhomirov, 2001). One of the popular theories, actively tested by the practice of modernization of public administration in foreign countries, were the concepts of new public administration (New Public Management). “Unlike traditional public administration, public management, if it is going to succeed, inevitably requires a sense of strategy” (Bozeman, Straussman, 1991). According to D. Osborne and T. Gebler (Osborne, Gebler, 1992), the key goal of the new public administration is to ensure the efficiency of the public administration process in all its forms: economic, social and organizational. Under these conditions, the role of the individual in the interaction with public authorities is changing. The citizen becomes a client, and the state - a service organization hired by the people to provide public services. Optimization and implementation of institutions of interaction between society and the state is based on the provision of public services to the population, the possibility of delegating powers to provide services to private structures. Taking into account modern challenges and realities in the conditions of interaction between an individual and the state, a new round of its development has also received an alternative concept of a “strong state”, based on the paradigm of the rule of law, laid down by I. Kant and G.V.F. Hegel. Francis Fukuyama, an American philosopher and political scientist, is considered to be a well-known contemporary supporter of the “strong state” approach. Fukuyama argues about the development of an inevitable trend towards the etatization of public life and the expansion of the powers of the state in the conditions of modernity; the main value is considered to be public order, the guarantor of which is “strong state and public institutions and a wide sphere of influence of the state” (Fukuyama, 2004). If the model of the service state provides for the direction of social communications from the individual to the state, the leading vector of social development in the concept of a strong state is the state itself, not society.

There is no doubt that the initial establishment of public services in the U.S. and a number of Western European countries took place mainly taking into account the postulates of the concept of modernization of the statelegal organization, based on the idea of service public administration. In foreign literature, there are relatively non-antagonistic approaches to the concept of public services and the role of the state and its agencies in their provision. It should be noted that the search for innovative ways and means of overcoming systemic crises in the life of society, the state and the individual causes some rethinking of traditional approaches that have developed about the state in jurisprudence. For example, Leon Dougie’s position, based on the postulates of classical French administrative law, is quite convincing not only for the last century, but also, in part, for the modern states of the Roman-Germanic system of law. By virtue of the legal nature of state and power authorities inherent in public authorities, L. Dougie defines them only in the role of subjects exercising control over the provision of public services and organization of their provision. “...Those who have power powers do not have a subjective right to state power, but they are obliged to use their power powers to organize the provision of public services and exercise control over their provision” (Duguit,1921).

The provisions of the legal concept of public administration, especially in states with a Romano-Germanic system of law, defining its content as jurisdictional activity, are interference and limitations, control and supervision (Eingriffsverwaltung), and the provision of public services to the population is a public administration, characterized as a positive phenomenon (Leistmgsverwaltung), have also been developed in the scientific research of J. Guglielmi.

In the scientific judgments of J. Guglielmi on the goals and means of the modern state, public administration is seen by him as a jurisdictional and positive activity, the latter as a way of providing public services. In this regard, J. G. Gaulin, the President of the Republic of Belarus, is a member of the Council of Ministers of the Republic of Belarus. Guglielmi emphasizes that the state and its bodies use two main ways to ensure social balance in the society. The first is to issue legal acts aimed at the regulation of social relations by fixing the mandatory rules of conduct guaranteed by the state and provided by it in case of their non-observance by the application of measures of state coercion. The second way of ensuring the social optimum by public authorities, according to the researcher, is the very activity of public authorities in providing certain services aimed at meeting public collective needs (Guglielmi, 1994).

At the same time, the choice of an appropriate way of implementation of public administration is assigned to the state itself. The mentioned scientific position of the scientist is consonant with the statements of a well-known German scientist - administrator Ernst Forsthoff that public administration is implemented in public and private law forms, and the choice of a specific form is carried out by the subject of public administration depending on various circumstances (Forsthoff, 1959). Another role of the state and public authorities, which characterizes to a greater extent the Anglo-Saxon legal family, is seen in the description of the concept and features of public services, researched by P. Groute. According to P. Groute, public services include a set of services provided to the population (groups of persons) with the active participation of public authorities through their direct provision, financing and regulation (Grout, 2017). The author not only assigns the role of a direct supplier of public services to state authorities, but also outlines the boundaries of their concept - they are always connected with the state and public authorities taking into account the diversity of forms and methods of their participation. Accordingly, public and state services can be considered identical. Returning to the above-mentioned judgments of J. Guglielmi, it can be assumed that he also indirectly gives a characteristic of public services: they are associated with the satisfaction of specific traditional needs associated with collective interests; their list (subject of services) is conditioned by the competence of public authorities; the direct subject of service provision can also be the state represented by public authorities (Guglielmi, 1994). Therefore, public services are seen by the mentioned researcher as public, state, as well as social services. Helmut Wollmann (Wollmann, 2018) reveals a certain semantic identity in relation to the concept of “public services”.

While the author considers the concepts of public and public services to be equivalent, he also gives examples of the fact that public services may be referred to as infrastructure services and designated as public utilities (meeting public needs in water supply, sanitation, public transport and energy). Utilities are also referred to as “services of general economic interest” (Wollmann, 2018). By the way, the latter concept has entered the public and political space of Europe at the suggestion of the European Union. The European Union recommends that certain participation of public authorities in economic activities, which are of particular importance for the population and require support from public structures, should be considered public services, as these services may not always be of interest to the private sector (Services of General Economic Interest). Continuing the characterization of the types of public services, let us pay attention to the approaches of Helmut Wollmann to the concept of social services. The author considers them as an independent type of services, naming them as personal social services. These services “relate to the provision of personal care designed to meet individual needs, such as child care, elderly care, care for persons with disabilities, etc.” (Wollmann, 2018).

Foreign authors, analyzing the development of social services in the context of changing socio-economic and political processes, and other challenges of the present, pay attention to the increasing trends of European governments in the release of the public sector from its direct financial and organizational responsibility for the provision of social services and the involvement of non-governmental organizations (third sector entities) in this area of activity. Among such state initiatives is named, for example, the program “Big Society”, adopted in Great Britain in 2010; it provides for the reduction of public spending on personal social services, involvement, as well as a certain imposition of obligations on public social enterprises and cooperatives in the provision of these services (Buser, 2013). However, the opposite trend is taking shape with regard to public utilities, which is conditioned by environmental protection measures and renewable energy sources. The public and municipal sectors of European countries assume responsibility for the provision of services of general economic interest, sometimes through the re-purchase or re-sourcing of facilities from private companies (Bauby, Similie, 2014; Kuhlmann, Wollmann, 2014; Bönker et al., 2016). The research position of foreign authors on the allocation of ecosystem services related to food processing, plant and animal habitats, flood control and water supply is also attractive (Valuing ecosystem.., 2005). Undoubtedly, ecosystem services belong to public services, as their importance is conditioned by the issues of human environment protection.

The relative identity of the concept of public services established in the foreign scientific discourse is also demonstrated in other foreign sources. For example, from the content of the definition of public service (subbusiness service) in the Cambridge English dictionary it is possible to come to the conclusion that the terms “public services”, “public services”, “public services”, “social services” can be considered as synonyms of the concept of “public service”. A public service (sub-business service) is “a service provided by the state, such as health care, education or police, or work that elected officials and public servants do for the benefit of the public; what is done or provided to the public because it is necessary and not to make a profit” (Cambridge Dictionary, 2019).

Turning to research in Russian legal science, it should be noted that the category “public services” is the broadest in relation to the categories “social services” and “public services”. According to A.N. Kostyukov (Kostyukov, 2007), public services should include not only public services, but also “any other services provided to an unlimited number of persons in order to satisfy the public interest”.

A. Tikhomirov (Tikhomirov, 2007) also uses a broad interpretation of the concept of “public services”, defining them as “legally and socially significant actions in the interests of society, the state and citizens. According to L.K. Tereshchenko (Tereshchenko, 2004), state services differ from other public services by the subject of provision. In other words, we can say that a public service is a type of public service provided by the state in the person of its bodies and authorized organizations. This is confirmed by the characteristics of public services, fairly singled out by E.V. Talapina and Y.A. Tikhomirov - ensuring the activities of general significance; unlimited number of subjects - users; implementation by the state body, local government or other subject; based on all types of property (public, private) (Talapina, Tikhomirov, 2002). As for social services, they are considered, as well as in foreign literature, to be public services provided in the social sphere - health care, culture, education, science, sports, etc. According to L.K. Tereshchenko (Tereshchenko, 2004), social and public services are considered to be part and parcel of public services.

Russian legislation, unlike the majority of European countries’ legislation, does not contain the legal category “public service”; one concept of “public service” in its broad and narrow meaning is applied. A broad meaning characterizes the definition of a public service in the Budget Code of the Russian Federation and the Tax Code of the Russian Federation; a public service is considered a special type of activity, “the results of which do not have a material expression, are implemented and consumed in the process of implementation of this activity” (Tax Code…, 2019).

The Budget Code of the Russian Federation, fixing the characteristic of public service from the point of view of a broad approach, actually associates it with the concept of public service. According to the provisions of the Budget Code of the Russian Federation, public services are a type of activity provided by the bodies of all branches of state power at the federal level and in the constituent entities of the Russian Federation, local governments in case of implementation of individual state powers transferred by them, state institutions, and in cases established by the legislation of the Russian Federation, other legal entities (Budget Code.., 2019).

In the narrow sense, a public service is fixed in the Federal Law “On the organization of provision of state and municipal services”, we can say as a special type of public service - a public service provided by, respectively, the federal, regional executive authority, the body of the state non-budgetary fund and the body of local selfgovernment in the case of the implementation of its delegated individual state powers at the request of applicants within the powers of these bodies. The main subject directly providing and organizing the provision of public services to individuals and legal entities within its competence is the federal executive body and the executive body of state power of the subjects of the Russian Federation. Russian legislation does not provide for a system of formal legal structures denoting any activity of legislative (representative) and judicial bodies of state power as an activity to provide public services to the population. Accordingly, the entire body of legislation in connection with the provision of public services, including, along with the above Federal Law, other federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, laws of the constituent entities of the Russian Federation, other regulatory legal acts of the Russian Federation and the constituent entities of the Russian Federation, mainly fixes the activities of the executive branch of power in the established sphere.

It is necessary to pay attention to the lack of a clear position of the federal legislator in relation to the essence and legal nature of public services provided by public authorities, which does not contribute, mainly, to the realization of the potential of the legal institution of public services as the most important way of interaction between society and the state in order to ensure the rights and freedoms of individuals. It is a question of absence of coordination of legal designs “the state service rendered by enforcement authorities”, “function on granting of the state services” and “function of the control and supervision” in the mentioned federal law, the Decree of the President of the Russian Federation from March, 9th, 2004 № 314 “About system and structure of federal enforcement authorities” and the governmental order of the Russian Federation from May, 16th, 2011 № 373 “About working out and the statement of administrative regulations of execution of the state functions and administrative regulations has given.

These circumstances testify not so much to the problem of semantic unity of used terminology as to the fact that legal regulation of provision of state services takes place to a greater extent on the basis of emerging law enforcement practices and is less based on concepts and laws developed by science. Taking into account the federal structure of Russia, the differentiation of subjects of competence and powers between federal state bodies and state authorities of the subjects of the Russian Federation, in accordance with the Federal Law “On the organization of provision of state and municipal services” in the subjects of the Federation the legislation on provision of public services is formed (Law of the Arkhangelsk region, Law of the Kaluga region, Law of the Vologda region).

Basically, the regional legislation, as well as the federal legislation regulates relations in connection with administrative procedures of public authorities of the subjects of the Russian Federation and local governments for the provision of state and municipal services, revealing mainly external, organizational and legal, rather than substantive, constitutional and legal nature. The internal unity of the system of public power, including federal state bodies, bodies of subjects of the Russian Federation and bodies of local self-government, determines, in accordance with the fixed constitutional and legal status of local self-government, the provision of public services at the municipal level within the framework of the implementation of the transferred individual powers of state bodies. As evidenced by legislative practice, the list of public services provided by local governments includes services in the social sphere and social security, in the field of transport and housing and communal services, like Law of Kursk region, Law of Volgograd region, Law of Novgorod region, Law of Altai Krai.

It should be noted that although the implementation of legislation in connection with the provision of public services of legal regulation takes place mainly from the standpoint of administrative and procedural activities, but the means, methods, forms and other elements established by law allow to indirectly see their focus on the creation of favorable, accessible and operational conditions for the provision of public services to the population. This means, for example, the possibility of applying for services directly to a public authority, or to a multifunctional center for the provision of state and municipal services, through the use of a single portal of state and municipal services, receiving a comprehensive package of public services, receiving them in electronic form, unless it is prohibited by law, as well as in other forms at the choice of the applicant. Interdepartmental information interaction in connection with the provision of public services is also aimed at the prompt and high-quality provision of public services to individuals and legal entities, freeing them from, among other things, “bureaucratic walk through the instances”.

The legal acts adopted in the Russian Federation and aimed at the modernization of public administration provide for the improvement of accessibility and quality of public services for the population. For example, in the Federal Program “Digital Economy” the improvement of accessibility and quality of public services for the population is associated, inter alia, with the formation of a digital economy, the use of modern digital technologies, raising awareness and digital literacy of citizens (Order of the Government of the Russian Federation, 28.07.2017 № 1632). The task of transition from “e-government” to “digital”, i.e. the implementation of public administration on the basis of the flow of information data, in fact, the transformation of the state into an advanced IT - corporation. According to experts, digitalization of public administration is aimed at creating a new ecosystem of digital public services, the organization of a unified identification system and the system of “digital twin” of an individual, the adoption of man-dependent legally significant decisions, the transfer of all public and municipal services into digital form (Petrov et al., 2018).

It is necessary to state that the approach used by the legislator is mainly managerial, organizational and legal, and does not allow full disclosure of the purpose and essence of public services provided by public authorities to the population.

Moreover, the absence of public and legal services in the Constitution of the Russian Federation and the Federal Law On the Government of the Russian Federation prevents the consideration of public services as one of the ways of direct interaction between society and public authorities.

Partly it has already been emphasized that an important condition for the formation of a sustainable system of legislation in connection with the provision of public services to the population is the presence of conceptual provisions developed by the scientific community on the problems of legal nature of public services. It can be said that the Russian researchers’ view on the problems of the legal nature of public services provided by public authorities does not differ fundamentally from the provisions of the Federal Law “On the Organization of Provision of State and Municipal Services”. There are no fundamental researches of the legal institute of public services in the system of the mechanism of ensuring the basic rights and freedoms of individuals. Mainly in the Russian legal research community there is a predominantly activity-based approach to determining the legal nature of public services provided by public authorities. In this case, the public service is characterized as an external administrative procedure; its internal component remains without attention, which, accordingly, leads to a distortion of its concept. For example, E.Yu. Polotovskaya (Polotovskaya, 2012) calls the service an activity that is carried out on behalf of the state authorities and institutions in accordance with the established procedure, believes that the important thing in defining the concept of public service is “satisfaction of the needs of applicants”.

E. V. Morozova (Morozova, 2009) considers public service also as an activity (law enforcement) carried out by the executive authorities; emphasizing that this activity is initiated by an individual or a legal entity “...regarding the implementation of his rights or legitimate interests ...”, as well as the performance of his duties.

A.D. Cherkesov (Cherkesov, 2012) notes that public services are not functions of state bodies, they are characterized as “a special form of performance of standard functions of state bodies at the request of applicants”. The public service is also considered as an organizational and legal form of administrative activity of public authorities (Romanov, 2012) as well as the activity of authorized subjects, including executive authorities and local self-government, aimed at “... realization of the rights and satisfaction of the needs of applicants...” (Kuldybaeva, 2014). The public service is also understood as the activity of the authorized state body or organization aimed at “meeting the needs arising from the rights and freedoms of man and citizen guaranteed by the state” (Babayeva, 2016). It is gratifying to note the emergence of research approaches to the problems of the legal nature of public services provided by public authorities in the domestic scientific community in terms of their functional component. There appear researches in which the essence of the state service is considered through the mechanism of provision of subjective rights and freedoms of a person, its conditionality to the tasks and functions of the state is determined.

Since it is the modern state that is obliged by the order of the society to ensure the constitutional rights of the individual, including by providing services as public goods. In this regard, as an important feature of the state service provided by public authorities, it is noted its connection with the rights, freedoms and duties of a person and citizen (Alkina, Herb, 2009). A.R. Isakov (Isakov, 2014), understanding the state service as a “legally fixed method of implementation of the social function of the state by the executive authorities”, emphasizes that their powers are associated with the implementation of subjective rights and ensuring the performance of subjective duties of service recipients. Conceptually, the opinion of V.I. Kruss (Kruss, 2014) is sounded that the state activity on provision of services is filled with the corresponding constitutional essence, content and form.

CONCLUSIONS

The conducted research allows to draw the following conclusions. First, the formation in the Russian Federation of the legal institute of public services is conditioned by the processes of improvement of the Russian public administration, aimed at the formation of a democratic, law-based federal social state. In the initial approaches to such a new phenomenon for the Russian political and legal thought as public services the reforms of modernization of public administration in the developed countries of Western Europe and the USA were of great interest, conditioned by the concepts of new public administration. It seems that the formation of modern Russian public administration should take place in a certain “symbiosis” of various conceptual provisions, taking into account the application of effective forms and methods of implementation of management activities, inherent in the concepts of both “service” and “strong” state, of course, taking into account their adaptation to the economic, political, social, historical and other features of the Russian Federation. At the same time, the systemic crisis in Russia, which has engulfed all spheres of life of society and the state, causes the inevitable strengthening of the role of the state as the main guarantor of individual rights and freedoms in the transition period. Moreover, Russia, as well as other states with the Romano-Germanic legal system, in which the traditional state administration is carried out by two types of activities - jurisdictional (control and supervision) and the provision of public services, will not be able to perform only the role of a “servant of public interests”.

Second, in the Russian scientific literature, as well as in foreign literature, there is a conventional uniformity of the terms “public services”, “public services” and “social services”; the general defining concept is “public services”. The absence in the Russian legislation of a formal legal structure of “public services” does not contribute to the effective legal regulation of such varieties as public services provided by public authorities and municipal services provided by local governments and other public authorities. The mentioned circumstances are an integral part of the general problem of fixation in the Russian legislation of formal legal structures “public authorities” and “public authorities”. The institution of public (state services) is the result of the emergence of a different nature of relations between the state and a person, in which the purpose of the modern state and its bodies is to ensure the rights and freedoms of the individual. As the practice of developed institutions of public services of the European Union and the U.S. shows, changing socio-economic and political processes and other challenges to a greater extent form the priority of common collective interests associated with public services in the public sphere, over individual social services.

Third, by virtue of the main purpose of the executive branch of government related to ensuring the exercise of powers of state power at the federal level and in the constituent entities of the Russian Federation, federal executive bodies, executive bodies of state power of the constituent entities of the Russian Federation, as well as, in cases established by law, local self-government bodies are the main entities directly providing public services and organizing their provision. In connection with the necessity of legal regulation of the mentioned activity of public authorities and in the absence of the law on administrative procedures in the Russian Federation the Federal Law “On the organization of provision of state and municipal services” to act only as an administrative and procedural act narrowing the concept and nature of public services. There is a need for a radical revision of its concept, subject of regulation and content. In particular, it is necessary to fix the provision on the Constitution of the Russian Federation as a fundamental source of law at normative legal regulation of relations arising in connection with the realization of the right of citizens to provide state and municipal services; to establish the powers of public authorities of the Russian Federation and the functions of public authorities of the subjects of the Russian Federation, local governments.

And, fourth, to consider necessary further development of the scientific constitutional and legal direction in terms of the legal nature of public services, resulting from the management principle of public services. In particular, it concerns the essence, content, forms and subjects of provision of public services.

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Información adicional

CITAR: Kandrina, N. (2019). Public Services Provided by Public Authorities in Russia: Legal Problems. Religación. Revista De Ciencias Sociales Y Humanidades, 4(19), 172-179. Retrieved from https://revista.religacion.com/index.php/religacion/article/view/452