Development of Proposals to Eliminate System Legal Restrictions Digitalization of Public Administration

РАЗРАБОТКА ПРЕДЛОЖЕНИЙ ПО УСТРАНЕНИЮ СИСТЕМНЫХ ПРАВОВЫХ ОГРАНИЧЕНИЙ ЦИФРОВИЗАЦИИ ГОСУДАРСТВЕННОГО УПРАВЛЕНИЯ

Yuzhakov, Vladimir (Южаков, Владимир) (), Efremov, Alexander (Ефремов, Александр) () and Talapina, Elvira (Талапина, Эльвира) ()
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Yuzhakov, Vladimir (Южаков, Владимир): The Russian Presidential Academy of National Economy and Public Administration
Efremov, Alexander (Ефремов, Александр): The Russian Presidential Academy of National Economy and Public Administration
Talapina, Elvira (Талапина, Эльвира): The Russian Presidential Academy of National Economy and Public Administration

Working Papers from Russian Presidential Academy of National Economy and Public Administration

Abstract: In the framework of this work, the legal regulation of the introduction of digital technologies (digitalization) of public administration is considered. Research hypotheses are substantiated that for the successful digitalization of public administration, it is possible and necessary to identify and eliminate legal restrictions of a systemic nature that hinder its implementation; existing legal (rule-making and law enforcement) mechanisms are not aimed at purposefully identifying and eliminating such legal restrictions for modern digitalization of public administration. The study provides a comparative legal analysis of existing legal mechanisms - regulatory regulation and the practice of implementing strategic planning mechanisms; assessment of the regulatory impact of draft regulatory legal acts; assessment of the actual impact and monitoring of the enforcement of existing acts; the mechanism of the "regulatory guillotine" and ongoing experiments in the field of digital technologies in public administration. Based on this analysis, the research hypotheses and the fragmentary nature of the identification and elimination of certain legal restrictions of digitalization is revealed. The definition and possible composition of systemic legal restrictions on the digitalization of public administration are proposed, taking into account the dynamics of its "digital maturity". The prospects of creating a specialized mechanism for identifying and eliminating systemic legal restrictions of modern digitalization of public administration are substantiated. A model of such a mechanism has been developed, including cognitive, regulatory and organizational elements, as well as the sequence of procedures for identifying systemic legal restrictions, assessing risks and opportunities for their removal, and forming appropriate rule-making proposals, including within the framework of experimental legal regimes.

Pages: 53 pages
Date: 2021-01-15
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