HIDDEN STATE AND MUNICIPAL SERVICES AS A CORRUPTION FACTOR

被引:0
|
作者
Filippova, Natalia Alekseevna [1 ]
机构
[1] Surgut State Univ, Dept State & Municipal Law, Surgut, Russia
关键词
Service State; public (state and municipal) services; register of state and municipal services; hidden public (state and municipal) services; corruption factor;
D O I
10.17506/articles.anticorruption.2018.138148
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The author examines the background and circumstances of the Service State concept formation in modern public law, its modern content as a system of interrelated principles of public power and public administration. The article presents an analysis of the prospects and risks of the Service States formation in the states of developing democracy, assesses the formation of such a state in Russia according to the imperative of the publicity functions and objectives of the state providing public services. The fundamental distinction between public and private interest in the provision of public services remains the same; the relationship between public (state) bodies providing services and recipients of public (state) services are public legal relations, which are similar to private law. The priority direction of formation of the Service State in Russia is formation of registers of the state and municipal services. Positive consequence of this process is the standardization and digitalization of the provision of public and municipal services, which in itself reduces corruption risks. Negative consequence is the emergence of related and hidden public services with significant corruption capacity. Taking into account the practice of anti-corruption state policy of the Republic of Kazakhstan, the author proposes to consider hidden state and municipal services as an independent corruption factor. The identification and legalization of hidden state and municipal services requires both the activity of state bodies that directly solve the problem of combating corruption, and participation of civil society entities (expert non-governmental non-profit organizations) in their identification. Assessment of the quality of public and municipal services by the subjects of public control should also include such an indicator as the presence of hidden public services.
引用
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页码:138 / 148
页数:11
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