Library
|
Your profile |
Administrative and municipal law
Reference:
Volodchenkova V.V., Peregudova N.V., Kononko P.P., Gavryushenko V.P.
Assessment of the activities of local self-government bodies in the field of fire safety: current problems and ways to solve them
// Administrative and municipal law.
2023. ¹ 5.
P. 80-92.
DOI: 10.7256/2454-0595.2023.5.44118 EDN: JHLWGZ URL: https://en.nbpublish.com/library_read_article.php?id=44118
Assessment of the activities of local self-government bodies in the field of fire safety: current problems and ways to solve them
DOI: 10.7256/2454-0595.2023.5.44118EDN: JHLWGZReceived: 25-09-2023Published: 06-11-2023Abstract: The object of the study is the powers of local self-government bodies. The subject of the study is an assessment of the effectiveness of the activities of local self-government bodies both in general and in the field of fire safety in municipalities. In the article, the central place is given to the issues of evaluating the activities of local self-government bodies as elements of the control system for the implementation of the powers assigned to them. The authors consider the legal principles of the organization of local self-government of the legislation of the Russian Federation regulating this subject area. Based on the methods of system analysis, the authors have identified a range of problematic issues that may arise when the supervisory authority evaluates the implementation by local self-government authorities of the ability to organize primary fire safety measures. The analysis of the provisions of the regulatory legal acts of the Russian Federation, which consolidate both the general powers of local self-government bodies and the list of powers in the field of fire safety, is carried out. The scientific research devoted to the assessment of local self-government bodies and improving the efficiency of their work is considered. The main conclusions of the study suggest that the studied materials do not take into account the indicators of ensuring primary fire safety measures, which increases the likelihood of formalization of the results and violations of the mechanism for improving the efficiency of the subjects of legal relations. There is no regulation of the list of measures that make up the implementation of such authority as ensuring primary fire safety measures in the system complex. The novelty of the research is to find a way to solve the problem of evaluating the activities of local governments in the field of fire safety in the territory of the municipality. A special contribution of the authors is the systematization of the powers of local self-government bodies on fire safety, taking into account the nature of the activities carried out, the definition of a list of criteria for evaluating activities, taking into account factors that can influence its provision, the search for methodological approaches to evaluation. The necessity of developing a methodology for assessing local self-government bodies in the field of fire safety is determined. Keywords: local self-government bodies, management monitoring, fire safety, municipal entity, legal entity, authority, evaluation of activities, evaluation criteria, evaluation methodology, regulatory legal actThis article is automatically translated. The main object of the state policy in the field of socio-economic development and improvement is the management of the quality of life of society. This category is the defining criterion in the process of monitoring socio-economic transformations at all levels of government. An important task of the state is to solve the issue of increasing the efficiency of the activities of the authorities. In this regard, in modern management, the issues of carrying out an objective assessment of the activities of local self–government bodies (hereinafter referred to as CHI) are relevant, since this determines the ratio of costs and results of their activities, as well as the development of necessary organizational and managerial decisions. Local self–government is an important link in ensuring the quality of life of the population of the municipality (hereinafter - MO), which is guaranteed by Chapter 8 of the Constitution of the Russian Federation. The effectiveness of municipal management of the territory of the Ministry of Defense is determined by the quality of the implementation of the powers of the MHI. Assessment of the implementation of the powers of the MHI is an essential element of the management monitoring system in the Ministry of Defense, the results of which reveal shortcomings that negatively affect the standard of living of the population and contribute to the organization of measures to improve the activities of the MHI. Domestic research and development are devoted to the problems of improving the management mechanisms of socio-economic development of the Ministry of Defense. A number of developments are aimed at monitoring and controlling the development of the Ministry of Defense. First of all, this is an assessment methodology fixed at the legislative level by a Presidential decree Of the Russian Federation dated April 28, 2008 No. 607 "On evaluating the effectiveness of the Activities of Local Self-Government Bodies of Urban Districts and Municipal Districts", as well as Resolution of the Government of the Russian Federation dated December 17, 2012 No. 1317 "List of additional indicators for evaluating the effectiveness of local Self-Government bodies of Municipal, Urban Districts and Municipal Districts". Based on the list of powers, a scale for assessing the effectiveness of the MHI has been developed and indicators combined into blocks have been approved (Fig.1). Compiled by the authors
Figure 1 – The number of indicators of the effectiveness of the MHI
The above blocks reflect the quantitative absolute and relative values, as well as qualitative indicators that determine the measure (level) of public opinion on services in the territory of the Ministry of Defense. Based on the results of the analysis of the dynamics of the development of the Ministry of Defense and the activities of the CHI, grants of the CHI are allocated for achieving high values of performance indicators. The methodology implements a general approach to assessing the effectiveness of the MHI, according to the method of aggregate indicators, allowing comparison of the socio-economic situation in municipalities. The imperfections of this methodology consist in its application only for two types of MO, insufficient consideration of the characteristics of a particular municipality and the dependence of a number of indicators on the overall socio-economic situation in the country, as well as geographical location. There is a risk of the desire of the CHI for formal results, rather than a real improvement in the quality of work. In the process of calculating the complex indicator, MO, which reach 100% values for several years in a row, lose in the rating to those MO, whose results only tend to 100%. An increase in the values of indicators does not always reflect positive changes. Further investigation of the issue under consideration showed that a significant number of works are devoted to the search for scientifically sound approaches and directions in the field of improving the efficiency of the MHI, based on one or a set of methods [1-9]. Thus, the work of A. N. Shirokov, S. N. Yurkov is devoted to the formation of an assessment system for the municipal district and other categories of the Ministry of Defense [4]. In it, a set of goals define indicators that characterize the socio-economic development of the Ministry of Defense, transport, educational, cultural, sports spheres and are individual for each specific ministry. It should be noted that the system of the considered indicators allows us to assess the state of public safety. M. E. Kuznetsov [7] in his research proposed a concept for assessing the effectiveness of the MHI, containing three main blocks of indicators (Table 1).
Table 1 – Performance indicators of the CHI
The effectiveness of the activity is determined by the "traffic light principle" in accordance with Fig.2. Compiled by the authors
Figure 2 – Criteria for evaluating the effectiveness of the CHI
An analysis of the methods of assessing the activities of the MHI revealed the use of a large number of indicators, however, this is not a universal complex for objectively determining the quality of management in the Ministry of Defense. In particular, the indicators of ensuring safety in the territory of the Ministry of Defense are not taken into account, although this issue has a direct impact on the level of safety of the population, the fire safety situation of both the Ministry and the region. At the same time, the problems of PB, despite the improvement of the fire safety system, remain relevant. The mechanism of exercising powers in this area at the level of territorial structures depends on the levels of government of the Russian Federation in accordance with Chapter III of Federal Law No. 69-FZ of December 21, 1994 "On Fire Safety" (hereinafter – Federal Law No. 69-FZ). Thus, in accordance with the current legislation, the MHI is primarily entrusted with the powers to ensure primary measures of PB within the boundaries of the entrusted territory, established by Articles 14-17 of Federal Law No. 131 of October 06, 2003 "On General Principles of the Organization of Local Self–Government in the Russian Federation" (hereinafter - Federal Law No. 131-FZ). The provisions of Article 19 of Federal Law No. 69-FZ contain a direct indication of the implementation of the activities of the MHI to ensure primary measures of PB in settlements aimed at solving a complex of issues within the boundaries of territories and objects located on them. In accordance with the above article, these powers can be divided into groups on a territorial basis (Fig. 3).
Compiled by the authors
Figure 3 – Classification of the powers of the MLA in the field of fire safety on a territorial basis
Separately, it is also possible to single out a group of powers in the field of PB in cities of federal significance. In turn, the regulation of the list of activities carried out was carried out on the basis of Article 63 of Federal Law No. 123-FZ of July 22, 2008 "Technical Regulations on fire safety requirements". However, this article has been declared invalid since March 1, 2023. As a result, there is currently no regulatory legal act regulating and disclosing the list of measures that make up the implementation of such a power in the system complex as ensuring primary measures of PB. Separately, it should also be noted that in matters of legal regulation of the powers of the MHI under consideration, it is necessary to take into account not only regulatory legal acts in the field of PB, which in particular include Federal Law No. 69-FZ and Resolution of the Government of the Russian Federation of September 16, 2020 No. 1479 "On approval of the Rules of fire protection in the Russian Federation". It is important to take into account the legislation regulating the general features of the organization of the CHI themselves, as well as regulating the functioning of geographically isolated territories (for example, Federal Law No. 244-FZ of September 28, 2010 "On the Skolkovo Innovation Center") and the federal territory "Sirius" in accordance with Federal Law No. 437-FZ of 12/22/2020 (ed. dated 31.07.2023) "On the federal territory of Sirius. In addition, the Council of the State Duma of the Federal Assembly of the Russian Federation is considering Draft Law No. 40361-8 "On the general principles of the organization of local self-government in the unified system of public Authority" (ed., adopted by the State Duma in the second reading on 02/14/2022), aimed at reforming the territorial, organizational, functional foundations of the organization of local self-government. It is proposed to change the organizational approach, according to which the principle of binding to the population plays a predominant role for the organization of local government. The introduction of a single-level organization of the MHI will create a new system of organizing local authorities and increase the effectiveness of the MHI. At the same time, on the basis of regulatory legal acts of the federal and regional level, the issues of PB should be included in the following municipal legal acts: the resolution on ensuring fire safety within the boundaries of the Ministry of Defense, the work plan for the current year, plans for preventive measures; seasonal work plans for various fire-hazardous periods; development programs of the territories of the Ministry of Defense; municipal target programs on fire safety issues; plans for preventive measures. Thus, it is obvious that the OMS is entrusted with the organization and implementation of measures to ensure safety, aimed at solving the problems of strengthening fire protection of the territory and creating the necessary conditions for protecting the life and health of citizens from fires, preserving the economic stability of both the municipality and the entire region as a whole. However, the regulation of the list of activities that make up the implementation of these powers in the system complex has acquired a vague and framework character, which affects the objectivity of the assessment of the activities of the MHI. This makes it necessary to find ways to solve this issue. An analytical review of regulatory legal acts made it possible to systematize the powers of the MHI into three groups, taking into account the nature of the activities carried out within the framework of the fire safety authority: ? a group of powers for the prevention of fires in the territories of settlements and municipal districts; ? a group of powers to reduce the risks of harm to settlements exposed to the threat of forest fires and other landscape (natural) fires; ? a group of powers to extinguish fires in the territories of settlements and municipal districts. Systematization of powers by groups allows you to: ? determine the scope of the powers of the MHI in the field of fire safety; ? to develop mechanisms for the implementation of the powers of the MHI in the field of fire safety; ? to develop scientifically-based criteria for evaluating the implementation of the powers assigned to the MHI within the framework of legislative regulation ? to develop a methodology for assessing the implementation of the powers of the MHI in the field of fire safety, taking into account the previously conducted analysis of the powers of the MHI in the field of fire safety and taking into account organizational and managerial factors that can influence their provision. The search for methodological approaches to evaluation should take into account methods that allow an objective assessment of the activities of the CHI in this area. For these purposes, integrated risk assessment, expert assessment methods, statistical methods are used. In order to solve the problem, the theory of integral fire risks was developed. Research on the application of this theory was carried out by N. N. Brushlinsky, V. B. Korobko, E. A. Klepko, A.V. Krasavin, S. V. Sokolov, N. L. Prisyazhnyuk, S. V. Popkov [10, 11]. Integral risks in the works of these authors are combined into a complex of hazards of all local risks that contribute to the safety of the Ministry of Defense. The assessment calculated in this way allows you to compare the magnitude of risk in a particular MO, separately for the city and rural areas. The methods of expert assessments [12] are used when there is a lack of statistical information for the past period, or when an assessment is carried out that has no analogues. The collection and analysis of information based on mathematical methods allows you to choose a rational solution. However, the subjective nature of the assessment, the possible lack of qualified specialists will not reflect the full assessment. When assessing the implementation of the powers of the CHI using statistical methods, a database of source data is used, which allows analyzing all elements of the system and identifying their interrelationships [13]. The objectivity of the evaluation results is confirmed by the data obtained as a result of an experiment – a questionnaire or a survey of respondents (residents of the MO). Using the statistical method, it is possible to calculate taking into account the specifics of the territory of the Ministry of Defense. Thus, E.N. Tuzhikov [8] considers the method to be the most optimal when analyzing such a complex socio-economic system as the MO. Thus, the assessment of the implementation of the MLA's powers in the field of fire safety can be carried out by different methods. Each of them has its own characteristics, certain advantages and disadvantages. It is necessary to take into account the influence of these methods on the results obtained when using them. In this regard, the authors propose the use of a combined approach that mitigates their shortcomings and increases the accuracy and reliability of the assessment. To develop a methodology for assessing the implementation of the powers of the MHI in the field of fire safety, it is necessary to determine a list of criteria for assessing the MHI, taking into account factors that can influence their provision (Table 2). The authors proposed to assign the MHI to the objects of assessment by types of municipal entities in accordance with the hierarchical classification method in accordance with the provisions of Federal Law No. 131-FZ and OK 033-2013 All-Russian Classifier of Territories of Municipalities (OKTMO). Volume 1. The Central Federal District. Section 1. Municipalities of the subjects of the Russian Federation. And the sources of obtaining initial data for the development of a set of criteria can be statistical data and official information and analytical materials reflecting information on indicators of socio-demographic and socio-economic development of the MO, monitoring the use of housing stock and ensuring its safety, fire safety on the territory of the MO.
Table 2 – The system of criteria for the assessment of MHI in the field of fire safety Compiled by the authors
It should be noted that in accordance with Article 6 of Federal Law No. 69-FZ, state supervision is established over the implementation of the powers of the MHI in the field of fire safety, carried out by the federal executive authority authorized to solve problems in the field of fire safety. This supervisory activity should be based, first of all, on a reliable assessment of the MHI, since it determines the degree of implementation of the powers related to the provision of PB measures. The issue of improving the regulatory legal framework in terms of returning the specification of the concept of primary fire safety measures to the wording in which it was contained earlier also needs to be worked out. Solving the tasks of defining criteria, developing a mathematical model and methodology for assessing the implementation of the powers of the MHI in the field of fire safety is necessary for making organizational and managerial decisions aimed at solving issues of fire safety. References
1. Pivovarova, O. V. (2022). Improvement of management mechanisms of socio-economic development of the municipality (Dissertation of the Candidate of Economic Sciences, Federal Educational Budgetary Institution of Higher Education «Financial University under the Government of the Russian Federation). Retrieved from http://www.fa.ru/org/div/uank/autorefs/Documents/2022%20ãîä/Pivovarova%20O.In/Pivovarova%20110__Dissertation.pdf
2. Korchagina, T. S. (2016). Evaluation of the effectiveness of the activities of local governments (Dissertation of the Candidate of Economic Sciences, Federal State Budgetary Educational Institution of Higher Professional Education «N.P. Ogarev Mordovian State University»). Retrieved from https://studizba.com/files/ekonomika/dissertation/224836-ocenka-jeffektivnosti-dejatelnosti.html. 3. Presnyakova, T. S. (2014). The main directions of improving the methodology for assessing the effectiveness of local self-government bodies. Modern scientific research and innovation, 9-1(41), 156-158. Retrieved from https://web.snauka.ru/issues/2014/09/38419 4. Shirokov, A. N., & Yurkova, S. N. (2011). Methodological recommendations for assessing the effectiveness and efficiency of the activities of local self-government bodies. Retrieved from http://www.municipal-sd.ru/?q=node/33 5. Burov, A.V. (2008). The system of assessing the effectiveness of the activities of local self-government of municipalities: the elitological aspect (Dissertation of the Candidate of political sciences, North Caucasian Academy of Public Service). Retrieved from https://new-disser.ru/_avtoreferats/01004071755.pdf 6. Banshchikova, Z. E., Dzneladze, E. E., Ivanova, S. V., Krestyaninova, O. V., & Mitrofanov, V. F. (2009). Methodical approaches to evaluation of efficacy of local government activities in fields of civil defence, protection of population and territories from emergencies, fire safety and safety of people on water bodies, and regulatory basis for evaluation of such local government activities. Civil Security Technologies, 7(3-4), 61-66. Retrieved from https://cyberleninka.ru 7. Kuznetsov, M. E. (2020). Analysis of the existing system for evaluating the effectiveness of local self-government bodies and local government officials. Improvement of its regulatory and legal regulation and practical implementation mechanisms. Analytical Bulletin, 107-111. 8. Tuzhikov, E. N. (2014). Methodology for assessing the effectiveness of local self-government bodies in providing primary fire safety measures (on the example of the Sverdlovsk region) (Dissertation of the Candidate of of Technical Sciences, FSBI Scientific and Engineering Center «Reliability and resource of large systems and machines» of the Ural Branch of the Russian Academy of Sciences). Retrieved from https://new-disser.ru 9. Fomin, F. P. (2020). Problems of fire safety in the territory of the municipality: research experience. Electronic scientific journal «GosReg: State regulation of public relations», 1(31), 200-205. Retrieved from https://elibrary.ru/item.asp?id=42940210 10. Brushlinsky, N. N. Sokolov, S. V., Klepko, E. A. (2011). Fundamentals of the theory of fire risks and its application. Moscow, SFA of EMERCOM of Russia. 11. Brushlinsky, N. N. (2019). Organizational and managerial research in the field of fire safety of the country. Moscow, SFA of EMERCOM of Russia. 12. Orlov, A.I. (2011). Organizational and economic modeling: textbook in 3 part 2: Expert assessments. Moscow: Bauman Moscow State Technical University. 13. Shorokhova, I. S. (2015). Statistical methods of analysis: textbook. Yekaterinburg: Ural University Publishing House.
First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
|