Karastelev, V.E. Institutionalization of forms of public control organization (an example of judicial system and law-enforcement activities)

Abstract: From the moment of its formation the Russian Federation has passed a long way from the unconnected initiatives to the institutional procedures for public control in the justice and law-enforcement systems. Unlike the states, where the democratic rule formed “naturally”, Russia needs to implement institutionalization of public control in a short historic period of time, at the same time (and not consequently) with the various public control practices. The article includes analysis of three forms of public control organization. Implantation or direct copying of institutions, as constituted in the modern developed societies in the spheres ranging from the market to the public policy and human rights in the history of new Russia has reopened the institutionalization problem. In the Russian conditions we deal with the forming (and not the formed) institutions, while the institutionalization process is to a great extent artificial, and not natural. Accordingly, the approaches to the formation and analysis of these issues should be developed anew. As a methodology, the author offers a public control unit including five elements: 1) actors and their interaction based upon the reciprocal character of social act, based upon the principles of self-government, self-administration, self-sufficiency; 2) type of goal which is related to curbing discretion abuse; 3) object of control – state activities; 4) means of implementation – public policy; 5) civil ethics, based on non-violent methods. This system is not merely theoretical, it is based upon the interpretation of expert interviews of the leaders of the recognized non-governmental organizations. The author introduces the ideas on the five phases of institutionalization of public control, as well as the ideas of scenarios and types of institutionalization. According to the offered methodology, the author analyzes three forms of organization of public control: representative of the public in the qualification boards of judges, public supervision commission and civil control over the police activities.

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