Recommendations for organizing monitoring of the information openness of bodies state power and local governments

The concept of administrative reform in Russian Federation in 2 years, approved by the Decree of the Government of the Russian Federation of 01.01.01, provides as one of the program objectives of the reform to increase the efficiency of interaction between bodies executive power and civil society, as well as ensuring information openness federal bodies executive authorities, executive authorities of the constituent entities of the Russian Federation and bodies local government.

To solve the specified program task in accordance with the Concept, it is supposed to carry out:

development and adoption of normative legal acts that fix the procedures for disclosing information about activities government agencies;

introduction of mechanisms for increasing the openness of state and municipal bodies, as well as improving the interaction between executive authorities and society;

development and phased deployment of a system for monitoring the information openness of state and municipal bodies and determining the ratings of executive authorities and local governments according to the criterion of openness.

In addition, as emphasized in the Concept, it is necessary to ensure that departmental Internet portals are brought into line with the general requirements for posting information about the activities of executive authorities on the Internet.

In accordance with these provisions of the Concept of Administrative Reform, below are a number of our proposals on the criteria and system for monitoring the information openness of public authorities and local governments of a constituent entity of the Russian Federation.

Information openness criteria

In our opinion, there are three criteria for determining and comparing the information openness of public authorities, namely:

1. Compliance with the organizational and procedural requirements of the current legislation and the Concept of Administrative Reform in the Russian Federation.

2. Compliance general requirements on placing information about the activities of executive authorities on the Internet.

3. Evaluation of the information openness of the public authority by consumers.

Each of the selected criteria suggests and outlines a group of indicators for a specific measurement and comparison of the level of information openness of public authorities.

Indicators and monitoring procedures

Compliance with the organizational and procedural requirements of the current legislation and the Concept of Administrative Reform involves the practical implementation of these organizational and procedural requirements in the activities of a public authority.

For government and municipal authorities executive power Russian legislation establishes special requirements that ensure the information openness of public authorities and their interaction with society.

According to the Concept of Administrative Reform in the Russian Federation, in order to improve the interaction between executive authorities and society, the following mechanisms should be developed and implemented:

disclosure of information on the activities of state bodies and local self-government bodies;

holding public discussions of prepared decisions;

conducting a public examination of the social significant decisions executive authorities;

inclusion of representatives of civil society in the collegiums oversight bodies, working groups, other structures for the preparation of regulatory legal acts and other decisions of executive authorities affecting the rights and legitimate interests of citizens and organizations;

creation and activities of public councils under the executive authorities with the participation of representatives of civil society.

The draft Federal Law "On ensuring access to information on the activities of state authorities and local governments in the Russian Federation", approved by the Government of the Russian Federation, provides for the procedure for disclosing information on the activities of state authorities and local governments at the request of consumers (citizens and organizations).

Compliance with the general requirements for posting information about the activities of executive authorities on the Internet involves the placement of information in accordance with the list and in the manner established by Decree of the Government of the Russian Federation No. 98 dated 01.01.01 "On ensuring access to information on the activities of the Government of the Russian Federation and federal executive bodies." Paragraph 7 of the Decree reads: "Recommend to the executive authorities of the constituent entities of the Russian Federation and local governments to take measures to ensure access of citizens and organizations to information about their activities, taking into account this Decree."

Taking into account the Decree, it is possible to determine following list information about the activities of the executive bodies of state power and local governments of the constituent entity of the Russian Federation, mandatory for placement in information systems common use:

1. Federal and regional laws, other normative legal acts regulating the scope of activities of the executive authority and defining the tasks, functions, rights, duties and responsibilities of the executive authority.

2. Acts (resolutions, orders, instructions, rules, instructions, regulations, etc.) of the executive authority, including:

5. The procedure for the activities of the executive authority and organizations subordinate to it to ensure the implementation of the rights, freedoms and legitimate interests citizens.

6. Information on the implementation of regional targeted programs, the customer or executor of which is the executive authority.

7. Information about official visits and working trips of heads and official delegations of the executive authority.

8. Information about official events organized by the executive authority (sessions, meetings, briefings, seminars, round tables, etc.).

9. Texts of official speeches and statements of the head and deputy heads of the executive authority.

10. Lists and essential conditions contracts of a civil law nature, concluded by the executive authority with organizations.

11. Information about international treaties and agreements in the implementation of which the executive authority takes part.

12. Information about draft regional laws, regional targeted programs and concepts developed by the executive authority.

13. Analytical reports and informational reviews on the activities of the executive authority.

14. Information on the interaction of the executive authority and its subordinate organizations with other government authorities of the Russian Federation, public associations, political parties, trade unions and other organizations, including international ones.

15. Reviews of appeals of citizens and organizations to the executive authority, generalized information on the results of consideration of such appeals and on the measures taken.

16. Information about the main indicators characterizing the situation in the industry that is within the jurisdiction of the executive authority, and the dynamics of its development.

17. Forecasts prepared by the executive authority and its subordinate organizations in accordance with their competence.

18. Official statistical information collected and processed by the executive authority.

19. Information about open competitions, auctions, tenders, examinations and other events held by the executive authority and its subordinate institutions, including:

conditions for their implementation;

the procedure for participation in them of individuals and legal entities;

the composition of tender commissions created by the executive authority and its subordinate institutions for holding tenders for the supply of goods (performance of work, provision of services) for state needs;

The recommendations were prepared within the framework of the regional project “Ensuring openness and access of consumers to official information state executive authorities and local authorities of the Astrakhan region" in the direction "Ensuring transparency in the decision-making process".

The goal of the regional project is to optimize the system of information openness and provide consumers with access to official information (decisions and documents) of state authorities and local governments of the Astrakhan region using the positive experience of Canada in ensuring the right to access to information.

First of all, this concerns the requirements of federal legislation and the legislation of the constituent entities of the Russian Federation regarding the obligation official publication legal acts of public authorities and local governments, other official information (FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of Government of the Subjects of the Russian Federation" dated 01.01.2001 N 184-FZ as amended on 01.01.2001, Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" dated October 6, 2003, as amended on February 15, 2006. It is specifically stipulated that the draft budget of a constituent entity of the Russian Federation, the law on the budget of a constituent entity of the Russian Federation, the annual report on the execution of the budget of a constituent entity of the Russian Federation, quarterly information on the implementation of the budget of the constituent entity of the Russian Federation, as well as on the number of state civil servants of the constituent entity of the Russian Federation and employees public institutions subject of the Russian Federation with an indication of the actual costs of their monetary maintenance should be subject to official publication.

As you know, the right of citizens to information is one of the most important personal rights of a person and a citizen. The Constitution of the Russian Federation, adopted in 1993, in paragraph 4 of Article 29 establishes that everyone has the right to freely seek, receive, transmit, produce and disseminate information in any legal way. Realization of the right of citizens to information, provision of free access to information of public importance, information openness of the authorities are the most important conditions and criteria for the functioning of the rule of law. It is the realization of the right of citizens to information that ensures real, and not just formal, participation of citizens in the life of the state.

Information openness of government bodies is the main condition for civilized relations between civil society and government, the basis of normal and efficient business activities, as well as countering corruption in government structures

On August 10, 2011, the President of Russia Dmitry Medvedev, in a number of his decrees (No. 1060 - 1080), approved a list of information about the activities of certain ministries and departments, which should be posted on official websites on the Internet. These decrees are aimed at ensuring the information openness of nineteen federal departments, including the power bloc and defense. According to the established requirements, in addition to general information containing the name, contact details, structure, list of powers, information about managers, departments will be required to post on their websites information about their rule-making and current activities, including statistical data, information about personnel changes, about measures on combating corruption adopted by the body, data on income and property of public civil servants and their families, the results of consideration of applications from citizens and organizations.

Access to information about the activities of authorities can be provided in the following ways:

2) posting information on the Internet;

3) placement of information in the premises occupied by the authorities, and in other places designated for these purposes;

4) familiarization with information in the premises occupied by the authorities, as well as through library and archival funds;

5) provision of information upon request.

Information openness of state and municipal government implies efficiency not only direct, but also feedback. Feedback from public authorities is part of the process of political communication, which provides authorities with information about the state of public consciousness, opinions, moods and views of the society on the policy pursued by the authorities, reflects the results of activities, the consequences of control actions, and the reaction to decisions made.

17 Civil society: concept, structure, meaning, relationship with the state

Civil society is a society with developed economic, political, legal, cultural relations between its members, independent of the state, but interacting with it; it is a union of individuals with a developed, integral, active personality, high human qualities (freedom, rights, duty, morality, property, etc.).

Signs (features) of civil society are:

High consciousness of people;

Their high material security on the basis of their ownership of property;

Broad ties between members of society;

The presence of state power, controlled, overcoming alienation from society, power, where its bearers are just hired workers with appropriate competence, skill, and the ability to solve society's problems;

decentralization of power;

Transfer of part of the power to self-government bodies;

Coordination of positions instead of conflicts;

A developed sense of collectivity (but not a herd), provided by the consciousness of belonging to a common culture, nation;

The personality of civil society is a person focused on creation, spirituality.

The most complete provision of the rights and freedoms of man and citizen

The system-forming principle that generates the intellectual and volitional energy of society is a person with his natural needs and interests, outwardly expressed in legal rights and obligations. The constituent parts and elements of the structure are various communities and associations of people and stable relations between them.

The structure of modern Russian civil society can be represented in the form of five main systems, reflecting the corresponding spheres of its life. These are social, economic, political, spiritual, cultural and information systems.

Civil society is a legal democratic society, where the connecting factor is the recognition, provision and protection of the natural and acquired rights of man and citizen. The ideas of civil society about the rationality and justice of power, about the freedom and well-being of the individual correspond to the ideas of the priority of law, the unity of law and law, and the legal differentiation of the activities of various branches of state power. Civil society on the way to legal develops together with the state. The rule of law can be considered the result of the development of civil society and a condition for its further improvement.

The rule of law does not oppose civil society, but creates conditions for its normal functioning and development. Such interaction contains a guarantee of the resolution of emerging contradictions in a civilized way, a guarantee of the exclusion of social cataclysms, a guarantee of the non-violent progressive development of society. Civil society is a free democratic legal society focused on a specific person, creating an atmosphere of respect for legal traditions and laws, general humanistic ideals, ensuring the freedom of creative and entrepreneurial activity, creating the opportunity to achieve well-being and the realization of human and civil rights, organically developing mechanisms for limiting and controlling the activities of the state.

Until the end of April 2018, an updated standard for the openness of federal ministries and departments, as well as guidelines for implementing the principles of openness in the regions, will be adopted. This was announced by the Minister of the Russian Federation for Open Government Mikhail Abyzov on December 15 during round table on issues of increasing the openness of state bodies of the Novosibirsk region. The minister stressed that the key goal of increasing the openness of power is to solve real problems that people face in everyday life.

According to Mikhail Abyzov, an open state is built on three main principles: high-quality, understandable and objective presentation of information to people about the work of government bodies, involvement of people in the adoption government decisions and implementation of functions public control. The government must understand its accountability to the people for whom it exists, the minister stressed. These principles formed the basis of the Standard of openness of federal executive bodies, which has been implemented over the past few years. In addition, in four pilot regions - Moscow, Tula, Krasnoyarsk Territory and Tatarstan - a regional standard of openness was tested.

Based on this experience, we are approaching the stage of the end of government powers and would like to adopt an updated standard and a new concept by the end of April 2018, taking into account the developments over these 5 years for federal authorities, as well as adopt methodological recommendations to ensure the main mechanisms of openness for the regions. This project has been prepared high school economy and will soon be discussed at the government site. We will form an open platform so that this mechanism is not somehow mothballed, so that the standard is updated and includes a library of best practices and developments in all regions of the Russian Federation,” Mikhail Abyzov said.

The Minister noted that in the future I would like to count on greater involvement of citizens in the affairs of the state. But people are not ready to waste their time and energy just to talk about general topics - they need a solution to problems, Mikhail Abyzov emphasized.

If the agenda that we propose for this dialogue does not correspond to the challenges that a person faces, if it is irrelevant, then it is meaningless. If we do not discuss issues of education, healthcare, housing and communal services, but we start talking about cloud technologies- This agenda is not needed. People want to see changes from these discussions, they want to see how their proposals are taken into account,” the minister stressed.

All this should be based on a new culture of officials. If the regulations and charters on the activities of state bodies do not include powerful blocks related to responsibility to civil society, then it will not be possible to change the culture of officials.

The minister also called for raising the level of political and public responsibility of specific heads of departments in the regions: for the regional minister of health and education, and not just the governor, to work with citizens' appeals and resolve issues.

Today, the authorities need to expand an open, reasoned dialogue with representatives social movement, public organizations, noted, in turn, the acting governor of the Novosibirsk region Andrey Travnikov.

Justified criticism and the ability to listen to each other is always beneficial common cause if the parties are set for a constructive dialogue. Thanks to the implementation of the Open Government project, new platforms for dialogue began to develop in the public space in our region. This is due to issues that have caused public outcry. It is obvious that the forms of discussion and communication must be changed. But dialogue and various public discussions should not be for the sake of discussion, any discussions should lead to some decisions, compromises and movement,” the head of the region believes.

The system of relationships between a person and the state, a person and power will change with the use of new technologies, Mikhail Abyzov believes. The formats of open discussions, offline discussions, in his opinion, will be supplemented by online interaction formats.

My personal conviction is that it is impossible to translate everything into electronic form: work with experts, issues of public control. I have not seen successful examples where the openness of power is qualitatively realized without a face-to-face conversation, without emotions and contact, which are the link between the government and society. Nevertheless, these modern formats also need to be implemented. Because it's the fastest way to get feedback on a wide range of issues. On the other hand, it is a quick service for people in terms of resolving the issues that bother them. But the main thing is that it does not turn into a fetish, so that it is relevant, convenient and useful,” Mikhail Abyzov noted.

In the Novosibirsk region, as in other regions of the Russian Federation, the project "Budget for Citizens" is being implemented, on the basis of which, among other things, electronic services helping citizens to understand budgetary relations. On November 24, the Open Budget portal of the Novosibirsk Region was put into operation.

Launching the portal provides three perspectives. Firstly, the portal is becoming a significant tool for improving the quality of public control in budget matters. Secondly, the portal is a good auxiliary tool for improving the financial literacy of the population and, thirdly, the portal is in the future considered as a single technological platform for posting open data on the results of the formation and execution of the budget," the Acting Deputy Prime Minister explained. Novosibirsk region Vitaly Golubenko.

The results of the implementation of the Budget for Citizens project in the regions will be summed up on December 20 at a meeting of the Government Commission for Coordinating the Activities of the Open Government with the participation of Finance Minister Anton Siluanov, Mikhail Abyzov said. According to the minister, this product becomes a kind of navigator, giving a person an understanding of what money is spent on and, most importantly, an understanding of what kind of support from the budget and in what situations a person can receive.

But a person can simultaneously be a citizen entitled to subsidies and benefits, and to social assistance and help for families with children. We need a list of questions in which you can tick off and see in what order and what a person is entitled to. To get this service in a few clicks. It will be such a calculator of rights for a person. "Budget for citizens" should be focused on the common man, on getting useful and necessary information in three clicks,” Mikhail Abyzov stressed.

As for the presentation of the budget itself, according to the minister, it is necessary to make a presentation on one slide with clear and specific information about how many kindergartens will be built, how many schools and hospitals will be repaired, how many perinatal centers will be built. All this should also be noted on the geomap.

I am convinced that the common man is primarily interested in the openness of power in the municipality and in the region where he lives and faces problems. The topic of healthcare comes to the fore. People used to want to live, but now they want to live long, great. And the more we do in the field of healthcare, the greater the demands will be. We are waiting for increased interest and radically increased demands on the part of the person to the quality of work of our healthcare institutions. In order not to come to a conflict, we need the right threads of communication and interaction,” Mikhail Abyzov noted.

He expressed the hope that after the transfer of authority for independent quality assessment social services regional public chambers such an assessment will become more objective.

2.1 The essence of the concept of "openness", the main elements, regulations.

For a democratic state, the fundamental value should be the possibility of interaction between citizens and authorities. In other words, the principle of openness must function in a democracy.

This approach necessitates the creation of mechanisms for transparency and accountability of the activities of state bodies and feedback tools.

To increase the openness of the authorities, the President of the Russian Federation signed the federal law dated February 9, 2009 No. 8-FZ "On ensuring access to information on the activities of state bodies and local governments." Later, the tasks established by the federal law were specified by Decree of the President of the Russian Federation of May 7, 2012 No. 601 “On the main directions for improving the system government controlled". The Decree set the following tasks:

· improving the availability and quality of official websites of state bodies on the Internet for all audiences;

the need for up-to-date information on the activities of state bodies and the procedure for providing public services on the official websites of the relevant authorities;

· strengthening the transparency and accountability of the activities of state bodies and bodies and local self-government;

availability of publicly available information on the Internet in the form of open data.

To improve the efficiency of public administration, work is being carried out in the following areas:

monitoring of official websites of state bodies and local self-government bodies;

· placement of publicly available information on the activities of state bodies and local governments on the Internet in the form of open data.

Information openness of state bodies is one of the main areas of work of the "Open Government".

Satisfaction of citizens with the quality of public administration directly depends on their awareness of the activities of government bodies. To increase the information openness of state bodies and local self-government bodies, all created mechanisms operate on the principle of mandatory openness. This means that the projects developed by the authorities and the decisions made in this area should be available on the Internet.

Increasing the transparency and accountability of the activities of state bodies and local governments strengthens the confidence of citizens and entrepreneurs in the authorities. Consequently, the information openness of the state is necessary for the authorities themselves, and not only for citizens and business structures.

In order to increase the effectiveness of procedures for the openness of government bodies, it was necessary to determine the basic principles and objectives of the openness of state bodies, as well as the main approaches to achieving them. On January 30, 2014, Prime Minister Dmitry Medvedev signed a decree approving the Concept of Openness of Federal Authorities in order to increase the transparency and accountability of the authorities and the satisfaction of citizens with the quality of public administration. The Expert Council under the Government worked on the creation of the Concept. The need to develop this document was due to the fact that most of the current legal acts in the field of openness concern only one of the aspects, namely the provision of information on the activities of public authorities.

The Concept provides guidelines for implementing the principles of openness, as well as a methodology for monitoring and evaluating the openness of federal executive bodies. The methods have been approved by the Government Commission for Coordinating the Activities of the Open Government.

openness standard.

This document is aimed at improving the efficiency and effectiveness of the performance of public administration functions, by applying measures to improve the public administration system, determined by decrees of the President of Russia dated May 7, 2012 and the Main Directions of the Government of Russia for the period up to 2018.

The openness standard assumes:

Continued implementation of e-government mechanisms;

Organization of wide, multi-channel access to public resources;

Building a feedback system with civil society;

Implementation of a system of internal and external evaluation of federal government bodies, influencing subsequent personnel, financial and other decisions;

Simplification of the process of state rule-making;

Reflection of socially significant results, the achievement of which is aimed at the work of ministries and departments;

Bringing information about the work of federal authorities to citizens in understandable formats.

In order to ensure the simplicity and accessibility of ways to implement the principles of openness, the Concept provides for the main mechanisms and tools. They can be supplemented at the discretion of ministries and departments.

The main mechanisms (tools) of openness include:

1) work with reference groups;

2) adoption of action plans for 2013–2018 and an annual public declaration of goals and objectives with their public discussion and expert support;

3) placement of information about activities;

4) public reporting;

5) independent anti-corruption expertise and public monitoring of law enforcement;

6) ensuring the clarity of legal regulation and government politicians;

7) work with open data;

8) interaction with the public council;

9) interaction with the media;

10) work with citizens' appeals, public associations and the business community.

It is expected that annually Government Commission to coordinate the activities of the Open Government will monitor openness and publish its results. Based on the data obtained, the index of openness of federal executive bodies will be determined. In accordance with it, it is planned to annually compile a rating of the openness of ministries and departments.

open data

The mechanism for introducing OA into the practice of public administration in Russia is the Open Data (OD) project of the same name, carried out under the leadership of the Open Government. This project is a mechanism to ensure general principle openness of the government and, moreover, of the entire state.

A set of tasks that are solved within the framework of the project:

create an opportunity for entrepreneurs to make open data a source of their development;

explain to managers the need to open data;

· involve the IT community in the development of applications based on OA;

· Get ​​citizens interested in using these applications.

The Open Data project is beneficial for all parties: the services provided to citizens become more accessible, the market becomes promising for entrepreneurs, the state gains public confidence and diversifies the economy.

The OD project is one of the mechanisms for implementing the Openness Standard of federal executive bodies. The project coordinator is the Open Data Council (headed by M.A. Abyzov), created within the framework of the Government Commission for Coordinating the Activities of the Open Government (headed by D.A. Medvedev), which includes representatives of both state and non-state structures - subjects of the Russian Federation, ministries and departments, the expert community, Internet companies. The functions of this council include:

Formation of mechanisms for opening data and proposals for solving the organizational, legal and technical problems associated with this process;

· ensuring communication with citizens, business, the expert community, helping to choose priorities in the disclosure of government information;

dissemination of the idea of ​​open government data;

providing best practices and opportunities for business development;

formation of a feedback mechanism to assess the overall economic and social effect of the discovery state bases data.

The scope of OA is regulated by:

· Decree of the President of the Russian Federation (No. 601 dated May 7, 2012) “On the main directions for improving the public administration system”;

· Federal Law (No. 149-FZ, entered into force on July 27, 2006) “On Information, Information Technologies and Information Protection”;

· Federal Law (No. 8-FZ, entered into force on February 9, 2009) “On Providing Access to Information on the Activities of State Bodies and Local Self-Government Bodies”;

Federal Law (No. 112-FZ, entered into force on July 1, 2013) “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and the Federal Law “On Ensuring Access to Information on the Activities of State and Local Authorities” self-government"";

· Decree of the Government of the Russian Federation (No. 1187-r dated July 10, 2013), which approved the list of publicly available information that must be disclosed in the form of open data.

The Open Data Council (ODC) prepares and submits to the Government Commission (PC) recommendations for the development of the entire open data system. At the PC level, there is a discussion of various opinions, as well as consideration of expert points of view. Recommendations are drawn up by government orders and resolutions or recorded by the protocols of the PC itself. Thus, the current action plan (“road map”) “Open Data of the Russian Federation” for 2015–2016 was formalized by the protocol.

In 2012–2014, the Open Data Concept of the Russian Federation was adopted and implemented.

Activities of the current road map 2015–2016 (see chart)

Scheme. Activities of the "road map"

All federal executive authorities must submit reports on the implementation of the road map measures to the Russian Ministry of Economic Development (MED) on a quarterly basis. In turn, the MED, together with the SOD, should monitor the quality and timeliness of the implementation of the plan, and submit a summary report to the PC.

The main working tool of the project "OD" are Guidelines(MR).

With the help of MR, data owners (state and municipal employees) and their publishers (specialists from internal IT departments or companies engaged on the basis of a contract) are informed about:

requirements for the content of information resources;

· technical requirements to OD presentation formats;

· the composition and principles of interaction between the elements of the national infrastructure of OA.

Constantly updated MRs are developed by the Ministry of Economic Development and approved by the Government Commission and the Open Data Council.

The data being opened is concentrated on the Unified OA Portal, and is also presented on the portals of individual federal authorities (for example, http://mkrf.ru/opendata/, http://www.rosminzdrav.ru/opendata, http://www.rosmintrud.ru /opendata/) and regional/municipal authorities (Moscow and Tatarstan have become generally recognized leaders at the regional and municipal levels).

The developer of the Unified Portal, as well as the methodology for working with it, is the Ministry of Economic Development, and the Ministry of Communications is responsible for its technical implementation. The Government Commission and the Open Data Council are responsible for coordinating the project and editing the information.

A survey of experts conducted by the Russian Association for Electronic Communications (RAEC) in January 2013 (a selection of participants in various industry events) showed:

In general, according to experts, the introduction of the OA system in Russia should lead to:

· increasing the transparency of public authorities and the implementation of the concept of "open government";

Formation of the market for applications and services;

· improvement of the investment climate;

· increasing the degree of participation of civil society in the formation and creation of socio-political institutions;

Improving the quality of life of the population by increasing the availability of information.

UDC 321:004

INFORMATION OPENNESS OF THE ACTIVITIES OF STATE AUTHORITIES: REGIONAL PRACTICES

Malakhova O.V., Sukhanova V.A.

ENSURING INFORMATION TRANSPARENCY OF GOVERNMENT ACTIVITIES IN THE REGION

Malakhova O.V, Sukhanova V.A.

Malakhova O.V. - Candidate of Political Sciences, Associate Professor at the Department of Political Science, State and Municipal Government, Russian Presidential Academy of National Economy and Public Administration of the Orel branch, Russian Federation, Orel, e-mail: [email protected]

Sukhanova V.A. - Manager in the specialty "Public and municipal administration", Russian Federation, Orel

In the article the nature and content of information transparency of public authorities" activity are summarized; features of the regulatory mechanism to ensure information transparency of state authorities" activity of the Russian Federation are examined; regional experience in implementing the mechanism to ensure information transparency of the authorities and to assess its applicability in the Orel region is studied.

Keywords: information transparency, open government, regional experience to ensure information transparency.

Information openness, active use of Internet technologies in the work of state and municipal structures is the key to the development of democratic processes in society; contributes to the involvement of citizens in the management of the state and society; is one of the effective forms of control over the activities of these bodies; attracting specialists to the state and municipal service, etc.1.

Thus, according to the estimates of international organizations that determine information openness, a change by one place in the rating towards improvement leads to an increase in the average annual GDP per capita.

by $900, to an increase in foreign direct investment by about 1%, and to a reduction in inflation by about 0.4%. This is due to the fact that the openness of government increases the confidence of the population and investors in it, reduces inflation expectations, as well as the costs of business from interaction with authorities2.

In addition, information openness contributes to the solution of such acute problems as corruption and economic

1 Kalashnikova S.V. Influence of the level of information openness of the region on the formation of its image (based on the materials of the Republic of Adygea) / S.V. Kalashnikov, S.K. Khamirzova // New technologies. - 2010. - No. 2. - S. 117.

2 From the report of the official representative of the Government of the Russian Federation, Secretary of State - Deputy Minister economic development and Trade of the Russian Federation A.V.

Sharonova "On the draft federal law "On ensuring access to information on the activities of state bodies and local governments" // Transcript of the meeting

State Duma Federal Assembly of the Russian Federation of April 18, 2007 [Electronic resource]: blp://teba8e. duma.gov.ru

crime. Publication of income declarations of employees, electronic platforms for holding competitions, mandatory dissemination of information on budget execution, on ongoing inspections, on decisions made and other measures, if they do not stop corruption processes, then, according to at least, will contribute to their containment3. Thus, information openness can solve many problems of the development of the state and society.

In our opinion, the information openness of state bodies can be represented as an integral set of joint measures of the system of state administration and public control aimed at providing information about the activities of state bodies, provided for by law, to society as a whole or specific individuals in order to ensure transparency and accountability of public authorities within the framework of established order on the basis of equal access to information.

The organizational and legal basis for ensuring the information openness of public authorities in Russia was created by the adoption of Decree of the Government of the Russian Federation of January 28, 2002 No. 65 “On the federal target program “Electronic Russia (2002-2010)”4, the corresponding programs were Federation. The main goal of the program was to increase the efficiency of public administration through the introduction and mass dissemination of information and communication technologies, as well as ensuring the rights of citizens to free access to information about the activities of state bodies.

One of the tasks assigned to the FTP "Electronic Russia" was to provide

3 Shediy M.V. Public anti-corruption control as a mechanism for combating corruption / M.V. Shediy // Central Russian Bulletin of Social Sciences. - 2014. - No. 2. - S. 123-130.

4 On the federal target program "Electronic Russia (2002 - 2010): Decree of the Government of the Russian Federation of January 28, 01.2002 No. 65 (as amended on 06/09/2010) // Russian newspaper. -21.06.2010.

increasing information openness in the activities of state authorities and the general availability of state information resources, creating conditions for effective interaction between state authorities and citizens based on the use of information and communication technologies. This was reflected in the creation of the concept of "Electronic State", which involves a fundamental change in the principle of relations between the state and the population to ensure more effective interaction based on increasing the openness of state information resources, expanding the amount of information that state bodies are required to place in information and telecommunication networks, and above all - on the Internet.

The beginning of the process of openness was recorded in Decree of the Government of the Russian Federation dated February 12, 2003 No. 98 “On ensuring access to information on the activities of the Government of the Russian Federation and federal executive bodies”5 (since November 24, 2009 it was canceled and the same name is in force - No. 9536 ). Its essence consisted in the normative consolidation of a relatively new duty of the federal executive authorities: to ensure the access of citizens and organizations to information about their activities by creating information resources in accordance with a special list approved by the same Decree (53 types of this kind of information that were normatively transferred to the regime electronic openness), and their placement in public information systems, i.e. on the Internet. But by the end of the first year

5 On ensuring access to information about the activities of the Government of the Russian Federation and federal executive bodies: Decree of the Government of the Russian Federation of February 12, 2003 No. 98 (as amended on November 26, 2008) (repealed) // Rossiyskaya Gazeta. - 30.11.2008.

6 On providing access to information about the activities of the Government of the Russian Federation and federal executive bodies: Decree of the Government of the Russian Federation of November 24, 2009 No. 953 (as amended on 08.10.2014) // Rossiyskaya Gazeta. - 10.10.2014.

Of the approximately 60 then-existing executive bodies of the Decree, the websites of only six bodies fully complied with its requirements: the Ministry of Taxation, the Ministry of Defense, the Ministry of Education, the Ministry of Natural Resources, the Federal Securities Commission and Gosatomnadzor7.

Entered into force in August 2006 new law, regulating legal relations in the field of information, - Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection". According to Art. 8 of this law, state bodies and local self-government bodies are obliged to provide access to information about their activities in Russian and state language republics within the Russian Federation in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments. A person wishing to have access to such information is not obliged to substantiate the need to obtain it8. Thus, this law established the principle of openness of information about the activities of state bodies and free access to such information, except in cases established by federal laws. However, the practice of implementing these norms revealed a huge number of gaps and legal conflicts that did not allow obtaining the necessary information to develop effective solutions, including for the protection of their rights by individuals and legal entities.

The next step towards the openness of state bodies was the “Strategy for the Development of the Information Society” approved by the President of the Russian Federation dated February 7, 2008 No. Pr-2129, which set the following main tasks:

7 Prosvirnin Yu.G. Problems of information openness of authorities / Yu.G. Prosvirnin // Legal science and reform legal education. - 2011. - No. 1. - S. 112.

8 On information, information technologies and information protection: Federal Law of July 27, 2006 No. 149-FZ (as amended on July 21, 2014) // Rossiyskaya Gazeta. - 07/25/2014.

9 Strategy for the development of the information society / Approved. Decree of the President of the Russian Federation of February 7, 2008 No. Pr-212 // Rossiyskaya Gazeta. -16.02.2008.

Formation of a modern information and telecommunications infrastructure, provision of quality services on its basis and ensuring a high level of accessibility of information and technologies for the population;

Improving the quality of education, medical care, social protection population on the basis of development and use of information and telecommunication technologies;

System improvement state guarantees constitutional rights person and citizen information sphere;

Development of the economy of the Russian Federation based on the use of information and telecommunication technologies;

Improving the efficiency of public administration and local self-government, the interaction of civil society and business with public authorities, the quality and efficiency of the provision of public services;

Development of science, technology and technology, training of qualified personnel in the field of information and telecommunication technologies;

Preservation of the culture of the multinational people of the Russian Federation, strengthening of moral and patriotic principles in public consciousness, development of the system of cultural and humanitarian education;

Countering the use of the potential of information and telecommunications technologies for the purpose of threat national interest Russia;

Expansion of the sphere of information openness of the activities of public authorities.

Another important regulatory legal act that determines the direction of development of e-government in Russia in the coming years is the Decree of the Government of the Russian Federation dated October 20, 2010 No. 1815-r “On the state program of the Russian

Federation "Information Society (2011-2020)"10.

A landmark event in the development of legislation in the field of providing access to information was the entry into force in 2010 of the Federal Law of February 9, 2009 No. 8-FZ “On ensuring access to information on the activities of state bodies and local governments”11. The main goals of the law are to ensure the openness of the activities of state bodies and local self-government bodies, the active use of information technologies, objective informing citizens and civil society structures about the activities of state bodies and local self-government bodies. The law establishes a unified procedure for the provision of information about their activities by state bodies and local governments, establishes the basic principles and forms of ensuring access to information, a list of posted information and basic requirements for ensuring access to information, responsibility for violating the procedure for accessing information about the activities of state bodies and local authorities12.

Organization of access to information posted on the Internet is carried out through the creation of official websites with addresses Email. For this, points of connection to the Internet were to be created in the premises of state bodies, local authorities

10 On the State Program of the Russian Federation “Information Society (2011-2020): Decree of the Government of the Russian Federation of October 20, 2010 No. 1815-r (as amended on December 2, 2011) // Rossiyskaya Gazeta. - 04.12.2011.

11 On ensuring access to information on the activities of state bodies and local governments: Federal Law of February 09, 2009 No. 8-FZ (as amended on December 28, 2013, as amended on November 4, 2014) // Rossiyskaya Gazeta. -30.12.2014.

12 Kamenskaya E.A. Legal support political

ki information openness of authorities

subjects of the Russian Federation / E.A. Kamen-

sky // Scientific Bulletin Volgograd Academy

public service. Series: Political science and sociology. - 2010. - No. 1. - S. 29.

self-government, state and municipal libraries. Based on the Decree of the Government of the Russian Federation of July 15, 2009 No. 478 “On unified system information and reference support of citizens and organizations on issues of interaction with executive authorities and local governments using the Internet information and telecommunications network”13 such a system should contain the following resources: a consolidated register of state and municipal services(functions); a single portal of state and municipal services (functions); regional portals of state and municipal services (functions) and registers of state and municipal services (functions).

Decree of the Government of the Russian Federation of July 10, 2013 No. 1187-r “On the Lists of Information on the Activities of State Bodies, Local Self-Government Bodies Placed on the Internet in the Form of Open Data” approved lists of publicly available information on the activities of federal state bodies, state authorities of subjects of the Russian Federation and local governments, posted on the network in the form of open data14.

Decree of the President of the Russian Federation of May 7, 2012 No. 601 “On the main directions for improving the system of public administration” set the task of increasing the transparency of the activities of state authorities and local self-government, a comprehensive improvement in the quality of official websites of state bodies available on the Internet for all audiences

13 On a unified system of information and reference support for citizens and organizations on issues of interaction with executive authorities and local governments using the Internet information and telecommunication network: Decree of the Government of the Russian Federation of July 15, 2009 No. 478 (as amended on June 16, 2010) / / Russian newspaper. - 06/20/2010.

14 On the lists of information on the activities of state bodies, local governments, posted on the Internet in the form of open data: Decree of the Government of the Russian Federation of July 10, 2013 No. 1187-r // СЗ RF. 07/29/2013. No. 30 (Part II). Art. 4128.

In pursuance of the Decree, the Government of the Russian Federation, the governments of the constituent entities of the Russian Federation are implementing measures to improve the public administration system and achieve the designated targets.

At the same time, the introduction of mechanisms for the openness of public administration in the constituent entities of the Russian Federation, first of all, should be aimed at:

Increasing the personnel potential of the state civil service 16;

Improving the quality of decisions of state and municipal authorities;

Increasing the efficiency of the provision of budgetary services through the development of a competitive environment in their implementation and better use of the potential of society in the development of government decisions and the implementation of individual state functions;

Reducing the level of corruption in government, including in the process of providing public services;

Improving the quality of public services, as well as the level of satisfaction of the population with the quality of public services;

Increasing the investment potential of the region and increasing the competitiveness of territories through a more understandable and favorable institutional environment and investment opportunities;

Increasing the quality of life through a timely and optimal response to socio-economic challenges;

15 On the main directions of improving the public administration system: Decree of the President of the Russian Federation of May 07, 2012 No. 601 // Rossiyskaya Gazeta - 09.05.2012.

16 Merkulov P.A. (2014) Actual problems management training in modern Russia/ P.A. Merkulov // Bulletin of the state and municipal government. - No. 3. - S. 55-59.

Growth of trust between the state and society17.

Currently, the introduction of open government mechanisms is carried out in 31 constituent entities of the Russian Federation, including: Volgograd region; Vologda region; Voronezh region; Ivanovo region; Kabardino-Balkarian Republic; Kaluga region; Kirov region; Krasnodar Territory; Krasnoyarsk Territory; Leningrad region; Moscow; Murmansk region; Novgorod region; Perm region; Primorsky Territory; Republic of Bashkortostan; Republic of Ingushetia; Republic of Tatarstan; Samara region; St. Petersburg; Sverdlovsk region; Stavropol Territory; Tomsk region; Tula region; Tyumen region; Ulyanovsk region; Khabarovsk Territory; Chuvash Republic; Yaroslavl region18.

As the progress in the implementation of pilot projects in the constituent entities of the Russian Federation shows, in order to start introducing openness of public administration in the region, it is necessary to adopt a set of regulatory legal acts.

Subjects of the Russian Federation that implemented in 2012-2013 pilot projects on the openness of public administration, they chose various organizational schemes for this.

Practice Russian regions shows that the leaders of the country, region or department, their will and motivation in this direction play an important role in the implementation of open government19. An analysis of the experience of the “pilot” regions demonstrates the importance of coordinating the efforts of various departments, and

18 Portal "Open Region" [Electronic resource]: http://open.gov.ru/openregion/

19 Slatinov V.B. Reforming the state civil service within the framework of the Open Government project: a new format or imitation of publicity / V. B. Slatinov // Political expertise: POLITEKS. - 2013. - T 9. - No. 3. - S. 44-54.

also personalization of responsibility for the implementation of measures to create openness of public administration in the region and specification of these measures20.

An obligatory step in the development of open government in the subject is the creation of a regional open data portal. For example, in the Tula region, a leader recognized at the federal level in the field of openness of power, in 2 years it was possible to create a whole range of tools to increase openness, to involve the population, and to increase the efficiency of public administration. The main documents21 were published that regulate the process of introducing mechanisms for openness of public administration, the Internet portal “Open Region 71”22 operates: “An open region is an open system for managing the Tula region. More than 20 social services that change life around us for the better. It is now possible to contact the government directly, report on an urgent problem and take part in the life of the region with one click. Start right now!”23. The projects "Roads of the Tula region", "Open housing and communal services", "Question - answer", the program "People's budget" are being implemented.

At the level of the constituent entities of the Russian Federation, standards of information openness are being formed and implemented, aimed primarily at ensuring maximum accessibility of information for citizens.

21 On the program for improving public administration in the Tula region "Open Region" for 2014 - 2016: Decree of the Government of the Tula region of April 22, 2014 No. 209 // ATP "ConsultantPlus".

22 Open region 71 [Electronic resource]: www.or71.ru

23 Open region 71 [Electronic resource]:

formations on the activities of authorities in an accessible and understandable form24.

Measures to improve information transparency also include:

Providing live broadcasts of government meetings, courts and sessions legislative assemblies on the Internet;

Creation and maintenance of websites of authorities (including standard technical task on their development, typical structures and composition of information with fixing the body providing it and the frequency of updates, the principles of information availability according to the “three clicks” rule, etc.)25.

Thus, the regional experience in implementing mechanisms for information openness of public administration indicates the presence of positive results: the fulfillment of the tasks defined by the Decree of the President of the Russian Federation dated May 7, 2012 No. 601 “On the main directions for improving the public administration system”; simplification of interaction between citizens and executive authorities; improving the quality of decisions of executive authorities, the results of the implementation of state decisions and their regulatory impact; increase in the quality of life of the inhabitants of the region; increasing the level of residents' confidence in the activities of public authorities and satisfaction with their results26.

In order to ensure a guaranteed level of information openness of the bodies of the executive state

24 Malakhova O.V. Modern information technologies and network resources: prospects for use in the civil sector / O.V. Malakhov // Central Russian Bulletin of Social Sciences. - 2014. - No. 4. - S. 56-59.

26 Ogneva V.V., Bolkhovitina TS. Socio-political activity as a factor in increasing the efficiency of Internet communication interaction between authorities and society / V.V. Ogneva, T.S. Bolkhovitin // News of Tulsky state university. Humanitarian sciences. -2013. - No. 2. - S. 54-56.

authorities of the Oryol region, increasing the efficiency of interaction between state authorities, local authorities, organizations and citizens, article 7 of the Law of the Oryol region dated May 13, 2008 No. 774-OZ “On informatization and information resources of the Oryol region”27 activities of the executive state authorities of the Oryol region, posted on the Internet.

State specialized information system "Portal of the Oryol region - public information center" ( email address: 1"^:// orel-region.ru) defined official source information on the Internet about the activities of the Governor of the Oryol region and the executive state authorities of the Oryol region.

The Internet portal provides representation on the Internet of the Governor of the Oryol region, the Government of the Oryol region, executive state authorities of special competence of the Oryol region, state unitary enterprises, state institutions subordinate to the executive state authorities of the Oryol region, coordinating and advisory bodies operating under the Governor and executive state authorities of the Oryol region.

Under information exchange agreements concluded with the Government of the Oryol Region, representation is provided on the Internet portal of the Oryol Regional Council of People's Deputies, other state bodies of the Oryol Region, local governments municipalities Oryol region, territorial bodies federal authorities, public organizations, state media.

Pages or websites of public authorities, state

27 On informatization and information resources of the Oryol region: Law of the Oryol region of May 13, 2008 No. 774-OZ (as amended on 06/04/2012) // SPS "Garant".

unitary enterprises, government agencies, local governments of municipalities of the Oryol region, public organizations, state media

Thus, organizational and legal framework ensuring the information openness of the activities of the authorities in the Oryol region has been formed. At the same time, the practical implementation of this mechanism is not carried out, which is confirmed by the data29 of the public audit of openness regional bodies authorities, conducted in the spring of 2014 by the Freedom of Information Foundation with the support of the Open Government, according to which, the Oryol region has an assessment of the information transparency of the activities of government bodies of 38.51%, being in the rating outsiders, which indicates the need to take measures to improve the mechanism for ensuring information transparency of the activities of authorities authorities in the Oryol region, because the creation of a regional open data portal is an obligatory step in the development of open government in the subject of the federation.

The introduction of mechanisms of information openness of public administration into the practice of the Oryol region seems necessary due to the fact that they will help increase the transparency and accountability of the executive authorities of the Oryol region; increasing the satisfaction of citizens with the quality of public administration; expansion of opportunities for direct participation of citizens in the processes of development, examination and control over the execution of decisions taken by executive bodies;

28 Regulations on the state specialized information system"Portal of the Oryol region - a public information center" / Approved. Decree of the Government of the Oryol Region dated January 26, 2010 No. 16 (as amended on November 26, 2013) “On providing access to information on the activities of the executive state authorities of the Oryol region” [Electronic resource] // ATP “Garant”.

29 Freedom of Information Foundation: http://infometer. org/analitika/otkryitost-regionalnoj-vlasti

noah authorities of the Oryol region; development of mechanisms for public control over the activities of the executive authorities of the Oryol region and the performance of state functions by them; improving the quality and accessibility of public services

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