Digital technologies as a tool for strengthening employment and staffing: federal and regional (using the example of Krasnodar Krai) regulation, problems and prospects for application

Paschenko Il'ya Yurievich ORCID: 0000-0002-1445-2126 PhD in Law Lecturer; Department of Administrative and Financial Law; Kuban State Agrarian University named after I. T. Trubilin. Lecturer; Department of Civil Procedure and International Law; Kuban State University 350000, Russia, Krasnodar Territory, Krasnodar, Gymnasium str., 30, of. - ilpa@mail.ru Other publications by this author

Introduction

Employment issues, including its changing regional aspects, are becoming particularly important in connection with the digitalization of various spheres of public life. The current period of public administration is undergoing a stage of digital transformation, which is especially noticeable in the changes in state policy in the field of labor and employment.

The use of digital technologies in work entails the need to rethink theoretical and practical approaches, analyze existing legal structures and introduce new mechanisms to protect the rights and legitimate interests of citizens and organizations acting as employees and employers. Personnel work in bodies and organizations is changing. New tools are emerging for the selection of specialists and their subsequent adaptation, the preservation of the human resources potential of the region, and with them there are risks that require careful study by specialists of various profiles.

Golovina S.Yu., Zaitseva L.V., Zakalyuzhnaya N.V., Lushnikov A.M., Lyutov N.L., Tomashevsky K.L. actively write about specific problems of legal regulation of employment in Russia and the challenges facing participants in labor and personnel relations in the new conditions of digital transformation of the state and society., Filipova I.A., Chernykh N.V., Chesalina O.V., Shuraleva S.V. Aspects of regional employment have traditionally been the subject of research by scientists who are economists and sociologists, as well as specialized specialists in the field of geography and demography. Lawyers pay less attention to the regional specifics of employment in scientific papers, since the experience of regulatory regulation of employment in the subjects of the Russian Federation may differ significantly. This is due to the need to take into account many historical, cultural, social, economic, climatic and other factors in a federal state. Employment issues, including in the regions, are an important area of government policy. Currently, its legal formalization is changing due to the emergence of new mechanisms that are being developed and implemented thanks to digital technologies. At the same time, the digital transformation of public administration, being a trend of the current period, has formed the sphere of scientific interests for a wide range of both novice researchers and well-known legal scholars studying various branches of public and private law. The theoretical basis of the problem under consideration continues to be formed.

The study of current acts affecting issues of regional employment and staffing of bodies and organizations allows us to analyze the state of regulatory regulation. The need for this arises in connection with the use of digital technologies. In the work, special attention is paid to the development of public administration in the designated area in dynamics, which was made possible by referring to various acts and documents.

Methodologically, this work is based on the formal legal method; other methods were also used in describing the practice of using new technologies. It is noteworthy that the relations under consideration have a direct impact on the socio-economic stability in the regions. The study of regional employment by lawyers provides opportunities for the development of measures to ensure legal personnel security and improve the quality of law enforcement in the subjects of the Russian Federation.

The regulatory framework for the use of digital technologies

It is advisable to establish the specifics of legal regulation of various aspects of employment in the context of digital transformation of the state and business, including at the regional level, based on the specific subject area of the relations under consideration and in direct connection with the territory of employment. Digitalization has had a significant impact on changing the external form of expression of labor activity (remote work, the introduction of information management systems, platform employment, the use of biomechanical devices, etc.), and legal aspects have been affected only pointwise – based on the actual need for the development of regulatory regulation for certain sectors of the economy and society. In this regard, it is necessary to consider the legal basis for the use of digital technologies on staffing issues using specific examples, noting often inconsistencies in the development of regulation. At the same time, the normative design of the sphere of labor and employment of the population cannot be characterized as non-systemic, since the existing vector of state policy presupposes a new approach to modernizing the economy by achieving national goals and implementing national projects.

A significant event related to the penetration of digitalization into the field of employment management and labor regulation in general was the transformation of the information and analytical system "IAS" All-Russian database of vacancies "Work in Russia" into a single digital platform in the field of employment and labor relations "Work in Russia". The difference between a digital platform and an information system is not only in the modernization of the software used, but also in expanding the range of subjects interacting with it and with each other in electronic form. Thus, Chapter 4 of Federal Law No. 565-FZ dated December 12, 2023 "On Employment of the Population in the Russian Federation" defines the purpose of the platform, its goals and objectives, establishes the operator and the procedure for administration, and the specifics of its functioning. Decree of the Government of the Russian Federation No. 867 dated May 13, 2022 "On the Unified Digital Platform in the field of employment and labor relations "Work in Russia" defines the rules of the platform, mechanisms for interaction between bodies, organizations and citizens, as well as requirements for posted information and the procedure for its evaluation. It is noteworthy that the mentioned acts do not mention specific digital technologies, but leave the right of their implementation and application to the operator of the digital platform – the Federal Service for Labor and Employment.

The most "stable" legal foundation for the subsequent application of digital technologies in human resources can be found in the subordinate regulation. Legislation is adjusted point-by-point to the extent that it can have an impact on the implementation and protection of specific labor rights of citizens. This is typical for various areas of legal regulation of the social sphere affected by digitalization, since the phenomenon itself is temporary, and in the future it will be replaced by categories of a fundamentally different order ^[1], as at one time the phenomena of legal regulation were the processes of automation and informatization of management activities.

Examples of the use of technology can be found in executive and administrative acts adopted by authorities mainly on issues of employment and labor protection of certain categories of citizens. For example, paragraph 35 of the order of the Ministry of Labor and Social Protection of the Russian Federation No. 25n dated January 28, 2022 contains the norm that employment options are determined on the basis of information obtained in an automated mode through the use of intelligent search technology in the interface of a digital platform.

An analysis of such acts has shown that the legal regulation of the use of digital technologies in the labor sphere is not holistic or comprehensive, which is primarily due to the high dynamics of the development of public relations, as well as the sufficiently pronounced specifics of the specific instructions of the President of the Russian Federation and the Government of the Russian Federation facing executive authorities in the context of building a digital economy. Specific tasks make it possible to achieve managerial results faster in the social sphere, in which there is a diffusion of public and private relations, expressed in this case, for example, in the extension of state regulation to the personnel activities of employers.

In addition, there is another significant and pronounced trend in modern labor regulation in Russia – the indirect impact of digital regulation on the social sphere. Decree of the President of the Russian Federation No. 204 dated May 7, 2018 "On National Goals and Strategic Objectives for the Development of the Russian Federation for the period up to 2024" contains instructions to the Government of the Russian Federation and public authorities of the constituent entities of the Russian Federation to ensure the solution of a number of tasks in the field of employment. Among the tasks identified are: creating conditions for the introduction of technological solutions in order to increase labor productivity and the formation of a training system using digital technologies. Thus, it is expected that by the end of 2024, approaches to the use of digital technologies in certain areas of employment affecting aspects of professional development and personnel adaptation will be formed in the Russian Federation.

It is noteworthy that the Decree of the President of the Russian Federation dated May 7, 2024 No. 309 "On the National Development Goals of the Russian Federation for the period up to 2030 and for the future up to 2036" designates a fundamentally different approach to staffing issues, limiting the scope of its prospective regulation to the public sector. Thus, the act provides for the achievement of the national goal "Digital transformation of public and municipal administration, economy and social sphere", the task of which is to form a system of recruitment, development and rotation of personnel in the system of public authorities using a single digital platform. We believe that the indicator of the success of this task is the creation and implementation of appropriate information subsystems within the existing digital platform (perhaps a single digital platform in the field of employment and labor relations "Work in Russia" or the state information resource "Civil Service Portal" can be used for these purposes) or the creation of a separate or modernization of the existing information system. The mechanisms for implementing the task should be developed by the Government of the Russian Federation by September 1, 2024, within the framework of the national project "Data Economy and Digital Transformation of the State", whose passport has not been published by mid-summer 2024. Thus, after 2024, the vector of subordinate digital regulation of personnel provision is shifting from issues of professional development, which affects the state of the human resources potential of industries, to aspects of evaluating the effectiveness of activities and making managerial decisions by public authorities, including those related to the selection of personnel through the use of technology. It is worth noting that these norms relate to public authorities and local self-government and do not directly affect the activities of organizations, as well as small businesses, creating conditions for them sufficient freedom of action and independence.

Another important document stimulating the digital transformation of labor relations was the federal project "Personnel for the Digital Economy" within the framework of the national project "National Program "Digital Economy of the Russian Federation", approved by the Presidium of the Presidential Council for Strategic Development and National Projects (Protocol No. 7 dated June 4, 2019.) Passport of the federal project It contains goals and indicators aimed at training future personnel for various sectors of the digital economy, while it does not specify specific recruitment mechanisms. The document is aimed at changing the general approaches to the training and additional education of specialists using digital technologies in their activities. In fact, the project aims to increase the number of information technology specialists who are able to work within the framework of various processes of building a digital economy, which cannot but have an impact on the changing employment structure. Among the expected results of the project: the graduation of at least 800 thousand specialists with professional education, implying the possession of basic competencies of the digital economy, and at least 120 thousand people with specialized higher education in the field of information technology.

Targeted policy documents are actively being adopted in the field of labor and employment. Thus, the priority program "Improving labor Productivity and Employment Support", approved by the Presidium of the Presidential Council for Strategic Development and Priority Projects (Protocol No. 9 dated August 30, 2017), does not focus on digitalization, but contains specific, technologically achievable proposals and measures to improve labor legislation and practice. First of all, this document is aimed at preparing and changing the qualification requirements for employees, taking into account the needs of enterprises in using technology, which implies increasing labor productivity and supporting the employment of citizens. A specific example of the implementation of these measures was the creation of a specialized information system – a platform of managerial and technological competence (IT platform "productivity.the Russian Federation"), which is under the jurisdiction of the operator of the ANO "Federal Center of Competencies in the field of labor productivity". This organization also deals with the implementation of technologies, including artificial intelligence, and modern management systems in the economy, social sphere, and government activities ^[2]. Subsequently, the designated program became the basis for the development of the national project "Labor Productivity and Employment Support", approved by the Presidium of the Presidential Council for Strategic Development and National Projects (Protocol No. 16 dated December 24, 2018). This project, as the most important digital task, provided for the development of employment infrastructure and the introduction of innovations (digital and platform solutions) to support the level of employment. Its implementation resulted in the development of uniform requirements for employment service bodies (standard solutions, recommendations, standards, regulations, support for communication systems and channels, retraining program).

Summing up, we can note the complex regulatory system that has developed over the past few years to regulate the process of using digital technologies in the field of labor and employment. The hierarchy in such a scheme is only conditional. In this array of legal relations, the usual approach of moving from the general to the private is not being built, but a set of points for the development of regulation is being formed, depending on the current needs set by the authorities. In part, in the context of digitalization of Russia as a federal state, such processes may well reflect the situational context ^[3].

In the process of researching the regulatory framework, the terminology used in official documents on labor relations, employment and staffing is puzzling. Thus, in by-laws, one can find the categories of "information and telecommunication technologies" (mainly acts adopted before 2020) and "digital technologies" (typical for acts adopted and adopted within the framework of the development of regulation of the digital economy), whereas for the field of specialized information legislation, the concept of "information technology" is more traditional. The category of "digital technologies" is new for domestic legal regulation ^[4], and it has no legislative consolidation in the field of information, labor, public and other relations. Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection" contains a definition of information technologies only.

Similar parallels can be drawn with the categories "system" and "platform", the first of which has received specialized (informational) legislative regulation, while the second has not, but is increasingly being used in acts. Of course, it is possible to make a formal distinction between concepts in the field under consideration on the basis of individual criteria (the range of subjects, the specifics of administration and the specifics of technological solutions), but this is not a task of public law, but only reflects the complexity of establishing and developing intersectoral links in the context of the digital transformation of public administration in the field of employment and the preservation of human resources.

Regional regulation of digital technologies (on the example of the Krasnodar Territory)

The practice of regional lawmaking is traditionally more conservative and cautious in relation to new phenomena and categories, since issues of advanced regulation at the level of subjects of the Russian Federation may have certain risks, including in the context of maintaining a unified state policy in the field of labor and employment. Regional acts specify or adjust (expand), taking into account the specifics of the relevant territory, the specifics of the implementation of labor rights and their protection. Therefore, at the stage of registration of the digital transformation of public administration, it is not necessary to assert the establishment of unique examples of legal regulation of digital technologies in the field under consideration at the regional level.

Digital technologies are very indirectly reflected in the regional legal field. Thus, the Law of the Krasnodar Territory of June 3, 1998 No. 133-KZ "On Labor Protection" provides for periodic monitoring of the state of labor conditions and safety. The corresponding monitoring has been carried out in the Krasnodar Territory since 2013; it is aimed at the systematic collection and processing of information on the state of working conditions and occupational safety at the regional level. Monitoring ensures that regional authorities receive analytical information that allows them to identify changes in the labor market and other factors. It can also be used to inform employers. The relevant monitoring powers are assigned to the Ministry of Labor and Social Development of the Krasnodar Territory, they are implemented by its divisions – specialized departments in specific areas of activity.

The mechanisms of monitoring and the specifics of its implementation are not fixed in the legislation, but this does not exclude the use of information systems and specialized software products. So, currently there are 9 information systems in operation of the regional executive authority, including: the automated Labor market Monitoring system and the interactive portal of the employment service (note - the website on the Internet https://www.kubzan.ru it has the name "Interactive portal of the Labor and Employment Service", it also contains redirection to a Single digital the platform in the field of employment and labor relations "Work in Russia").

It is the Portal that provides electronic interaction between employers and the employment service of the region, acting as an example of the introduction of a variety of digital technologies. This is not only an affordable, but also a free tool for employers to simplify the recruitment process. For regional authorities, it can be considered as a mechanism that ensures the preservation of the human resources potential of the region. The interactive portal of the Labor and Employment Service of the Ministry of Labor and Social Development of the Krasnodar Territory includes not only a database of vacancies, but also allows you to access a number of services involving the provision of public services in electronic form: issuing certificates on request, informing about social benefits (for citizens); accepting vacancies, information about quota fulfillment, information on release, information on personnel, information on labor protection, as well as registration of collective agreements and agreements (for employers). It is worth emphasizing that these services are of a regional nature, they are integrated with the Unified digital platform "Work in Russia", but are not available on the Unified Portal of Public Services of the Russian Federation (EPSU). For example, informing a citizen about social benefits through the EPSU is carried out through another resource – through the state information system "Unified Centralized Digital Platform in the social sphere", administered by the Social Fund of the Russian Federation.

The regional department receives information about the need for employees, vacant positions, and the fulfillment of quotas on the basis of the Catharsis software package, information to which is provided by legal entities and individual entrepreneurs through the specified regional information system. Information on the use of systems and services is reflected in the orders, including in the annually approved reports on the results of the generalization of law enforcement practice on regional state control (supervision).

The use of information systems, which an unlimited number of people have access to, makes it possible to significantly change the traditional format of interaction between regional institutions and local residents. Thus, among the reasons for the decrease in visitors to job fairs and training jobs in the Krasnodar Territory are the popularization of the Unified Digital Platform in the field of employment and labor relations "Work in Russia" and raising awareness of citizens and employers through the official pages of social sector bodies and employment institutions on social networks on the Internet, which is noted in the reporting information on the implementation of the Krasnodar Territory state program "Employment Promotion" for the 1st quarter of 2024.

The legal basis for the application of digital technologies in the field of labor at the regional level is also formed by a block of intersectoral regulation in the context of the digital transformation of public administration – acts of strategic development and planning, often having a declarative character. The Law of the Krasnodar Territory dated December 21, 2018 No. 3930-KZ "On the Strategy of socio-economic development of the Krasnodar Territory until 2030" reflects current trends and prospects for the development of employment relations among residents of the region. The legislative act provides that the employment centers created in all 44 municipalities of the Krasnodar Territory will continue to function and will not be completely replaced by technological solutions involving remote interaction on labor issues through digital services. At the same time, the modernization of existing institutions will continue systematically in order to achieve the maximum indicator for the provision of public services in electronic form by 2030, including on the basis of a digital platform for interaction between the state and citizens. In addition, an increase in the efficiency of the functioning of employment centers will occur due to the expansion of the range of social and innovative services provided to citizens, i.e. fundamentally new to the existing economic structure (the list of such services is not provided). This task is pointwise indicated in the list of directions for the development of the social sphere, providing for the preservation of human capital. It is assumed that this will create a balanced state for a flexible labor market in a digital (in the terminology of regional legislation – "smart") economy.

Thus, it can be concluded that the formal basis for the use of technology in legislation is gradually being built, although the actual expression of the digital agenda can be found directly in the practice of the executive authorities of the subject of the Russian Federation and subordinate budgetary institutions. The technological side of the activities of the authorities is due to the operation of federal and regional information systems. The acts do not contain a specific description of software and technologies, since the mechanisms used are aimed at automated collection (input) and processing (generalization by criteria) of information in digital form. The analysis of the information received is carried out by regional authorities directly, which does not create new conditions for changing the specifics of managerial activities in the field of labor and employment. A notable aspect of regional digitalization has been the emergence of special services for employees and employers, which involve the provision of public services in electronic form. The procedure for the provision of such services is fixed in the regulations approved by the relevant authorities.

Differentiation of digital technologies

The obvious inevitability of the introduction of digital technologies allows us to assert new emerging trends that are actively studied by the scientific community. Two main directions of technology application in labor relations are formulated in the research: interaction in electronic form and the implementation of the labor function ^[5]. This view of digital technologies has an industry-specific character, and, in our opinion, succinctly and accurately reflects the patterns of development of labor legislation. At the same time, in the current conditions, the "digital agenda" not only penetrates more actively into all branches of Russian law, but also creates the ground for the emergence of new intersectoral ties. The catalyst for this process is the block of actively emerging digital regulatory regulation.

Since the current legislation does not yet contain a definition for the phenomena of a new order in the context of the digital transformation of public administration, in matters of grouping categories it is necessary to resort to the independent identification of specific criteria that form the idea of digital technologies. In fact, the digital environment does not change the essence and nature of phenomena, but transforms the form of their expression, as well as changes the possibilities of implementing the relations between citizens and the state. A comparison can be made with knowledge, the essence of which has not been changed by digital technologies, but has expanded the possibilities of their acquisition, systematization and storage ^[6]. Accordingly, the specifics of relationships and communication between employers, employees, bodies and institutions are changing.

Based on the content of the national project "National Program "Digital Economy of the Russian Federation", it is possible to identify the priority of allocating "end-to-end" digital technologies within the framework of the federal project "Digital Technologies". A specific list of such technologies is not fixed in the document. We believe that by now this group includes: artificial intelligence, distributed ledger, quantum technologies, manufacturing technologies, robotics and sensors, wireless communications, augmented and virtual reality. The concepts of these digital technologies are available in Order No. 195 of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation dated April 23, 2020. It is assumed that new types of "end-to-end" digital technologies will gradually appear, including those based on domestic developments. Examples of the use of "end-to-end" technologies in the field of labor and employment can be found both in large businesses and in the activities of government agencies. For example, for the purposes of analytics and monitoring of specific areas, professional development and training, recruitment (creating vacancies and job descriptions, searching for resumes and analyzing information from open sources, preparing interviews and analyzing it, predictive analytics of evaluating candidates and checking experience and knowledge, etc.).

Artificial intelligence occupies a special place in the list of "end-to-end" digital technologies, as it is capable of having a significant impact on employment both in individual regions and in the country as a whole. Researchers note the need to specify the concept of artificial intelligence ^[7]. We believe it is also important to formulate proposals on the legal consolidation of various limits of its application in industry legislation. In particular, in the field of employment, we consider it necessary to point out the mandatory informing of citizens (employees) about its use in personnel activities (by employers and their representatives).

The approbation of "end-to-end" digital technologies by the executive authorities of the social sphere takes place almost imperceptibly, and citizens have the opportunity to evaluate the results of their actual implementation independently. So, the portal "online inspection.The Russian Federation" allows an employee to remotely contact the labor inspectorate for protection of violated rights, as well as to obtain legal information. There are 24 electronic services available on the basis of the portal, including an Online Inspector chatbot with artificial intelligence. The bot formulates responses to the portal users' requests through the data arrays available from the Federal Service for Labor and Employment, which also include up-to-date information about users' search queries and reliable information prepared in advance for responses. The language model of the bot is continuously being trained, which increases the efficiency of its operation by the organ. According to the Federal Service for Labor and Employment, in the first half of 2024, the chatbot carried out more than 25 thousand consultations of citizens. In addition, the portal has services for employers, among which the capabilities of the Electronic Inspector service deserve special attention. It allows you to automatically check the design and content of labor documents, including on labor protection issues, for compliance with current legislation.

In this regard, it is worth referring to the decree of the Government of the Russian Federation No. 842-r dated April 5, 2024, which defines the strategic direction in the field of digital transformation of the social sphere. One of the goals of achieving the "digital maturity" of the sphere of labor and employment facing the Ministry of Labor and Social Protection of the Russian Federation is the creation and development of digital services for employment, job search and protection of labor rights of citizens. The client-centricity of such services implies the creation of real mechanisms for communication between citizens and the state in electronic form through the provision of a wide range of diverse services.

In a separate category of digital technologies used in labor relations, technologies of indirect interaction between an employee and an employer can be distinguished. Such technologies do not involve personal interaction between the parties, and are available through special software that transmits text and audiovisual information in digital form (for example, an organization's messenger, corporate e-mail of an institution, electronic document management in an authority, video conferencing service, etc.). All of them are applicable not only for work and performance of work functions, but also for staffing agencies and organizations. It is worth emphasizing that the active development of these means of communication in this area occurred in the period 2020-2021 and the post-coronavirus period of active changes in labor legislation related to the implementation of remote labor.

A more familiar expression of digital technologies used in the HR work of organizations are information systems for planning organizational resources or ERP systems with personnel management modules. Such management systems are also available in the authorities, but they are not integrated and are not interconnected throughout the state. There is high international competition among suppliers of such systems, and in the future, in the domestic market, in the context of import substitution of software, Russian developers should take a leading position in this segment. Observing the rapid development of technologies also allows us to assert that more advanced technological solutions – digital platforms - are replacing traditional information systems (which exist separately in multiple numbers), involving automated methods of working with information and its operational processing. They have not only the specified functionality, but also combine systems, expanding opportunities for communication and access to information for a wider range of people. The Unified digital platform "Work in Russia" can be an example of the introduction of such technologies.

The change in the work culture of modern man and the increase in the proportion of remotely employed workers leads to the need to discuss the nature and specifics of platform employment, which does not have a pronounced regional specificity. Digital technologies blur the classical understanding of regional employment, since they do not require a stationary stay of a person in a particular place, as well as taking into account socio-political, socio-economic, cultural, climatic and other factors of a specific territorial jurisdiction. Online platforms form technologies and algorithms that involve the development of intermediary relationships. The legal nature of the platforms is twofold from the point of view of regulatory regulation, since their specifics of activity balance between the provision of services and the performance of work according to the rules of civil legislation and the direct involvement of persons in labor activities. The status of persons operating on online platforms depends on the specifics of their work and the organization of the platform's activities, but in general remains uncertain (according to some signs, their status is closer to that of an employee, however, the platform can establish labor protection measures, provide benefits, and classify them as independent contractors under a contract) ^[8]. In Russian practice, such persons are often self-employed.

Digital technologies used by employers to monitor and monitor the activities of employees deserve special consideration. The current level of technology development suggests that not only video and audio recording tools can be used for this, but also special sensors that track human movement, the movement of objects in space, etc., as well as software on computer devices (virtual assistants, registration logs, authentication systems) for remote work - depending on the specifics the work carried out. However, the use of digital technologies by an employer implies that an employee must know, and not just assume, what tools can be used on the spot and in the process of performing work functions before performing work functions. In the scientific literature and judicial practice, approaches to this issue have been formulated, which assume: the presence of local regulation, notification and familiarization of employees with acts, indication of the purpose of collecting digital information, visual information and identification of authorized persons, compliance with legislation on personal data ^[9]. At the same time, new risks may arise for employers of improper observance and protection of the rights of remote workers in terms of the requirements provided for by the legislation on personal data ^[10].

In our opinion, full and informed informing of a citizen about the use of digital technologies by an employer in relation to him as an employee should become one of the most important factors in employment. In the case of the gradual introduction of technology, given the importance of ensuring a balance of labor rights, it is advisable to provide compensatory mechanisms or the possibility of a reasonable refusal to use technology in case of motivated disagreement of the employee with this. Such approaches may well be reflected in local regulation, but their legislative consolidation may be a more effective tool.

There are other digital technologies that can precisely solve the social problem actually facing the authorities. In this context, the foreign experience of public administration in the field of employment is of interest. In Switzerland, the effectiveness of regional employment of refugees was increased by 40-70% through the use of specially developed digital technology that analyzed the characteristics of people who arrived in the country and automatically selected areas of residence for their best integration, taking into account the prospects of potential candidates for subsequent employment ^[11]. The development of such technologies is certainly seen as a promising task and a real tool for improving the quality of public administration, which significantly saves time and simplifies work with personnel.

Problems of using digital technologies

The negative consequences and risks of violating the established order in the context of the increasing influence of digital technologies on management processes in the field of employment and staffing of bodies and organizations can be seen in a violation of the balance of rights of the parties to labor relations, as well as in increased inequality and discrimination ^[12]. Certain categories of citizens are in a vulnerable position when carrying out their work, and legislation and local acts provide for special requirements for the organization of their work. However, the conditions of such vulnerability are dynamic and directly depend on the consistently changing specifics of work. They are formed due to many factors related to the use of technology and are often outside the legal field, and also can hardly be covered exclusively by labor legislation. This leads to the idea that the risks of using technology should be taken into account when developing any digital regulation.

Aspects of the use of digital technologies in employment issues remain promising for further study. Currently, only general outlines are being formulated for individual sectors of the economy and the social sphere. At the same time, their application today implies the need to develop not so much a local database of labor acts as internal documents of digital transformation. For example, Methodological Recommendations on the digital transformation of state-owned corporations and companies with state participation, published on the official website of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation, suggest the adoption of a Digital Transformation Strategy. It is proposed to make personnel issues a separate section of such a document, which will include issues of forming a model of digital competencies and staffing, teaching digital skills and developing digital competencies. Thus, digital technologies can act as a tool for improving business efficiency. At the same time, it is obvious that digital transformation does not affect the very essence of personnel management processes, which remain the same and include its search, training, personnel reserve management, performance assessment, personnel records management and employee engagement monitoring.

The change in typical ideas about the employment of the population, taking into account the reliance on the socio-economic characteristics of the subjects of the Russian Federation, occurs due to objective factors. Thus, in the new conditions of digital transformation of public administration, the regions with the most developed information infrastructure corresponding to the specifics of the activity can act as leaders in the issues of employment of citizens. Non-standard employment of citizens implies, first of all, the availability of fast and uninterrupted access to the Internet information and telecommunications network (implemented by LTE and 5G technologies, satellite communications, frequency operation for high-speed wireless communications, etc.) as well as technical devices with proper computing capabilities. Therefore, overcoming digital inequality is one of the most important tasks facing the authorities.

Another problem affecting the employment of citizens is the availability of the proper level of knowledge, skills and competencies to work in the digital economy. One of the problems in the field of training and retraining of citizens is the inability to obtain reliable ideas about the relationship of additional education programs with changes in the labor market, including in terms of digital skills ^[13]. The existing state programs are designed to partially solve this problem, but the high dynamics of the development of public relations indicates that education should be carried out regularly and continuously. Such measures will require significant public and private funding for the education of citizens in the long term.

Proposals for improving regulatory and legal regulation in the field of regional employment and personnel work

Significant legislative changes in the selection of personnel by specialists for the needs of the region, the adaptation of employees, and the preservation of human resources have become the maintenance of personnel documents in electronic form, the establishment of electronic document management, including in the interaction of employers with authorities. Amendments to the Labor Code of the Russian Federation in 2021 fixed the possibility of using both its own information system and the state one for these purposes. In this regard, the most important task is to ensure uniformity in the use of forms of personnel documents, which will be possible to achieve with the integration of information systems of the state and employers ^[14]. The uniform practice of compiling and exchanging correct documents will not only unify personnel work, but will also have a significant impact on speeding up document flow, which can be an important factor in the development of regional employment. For example, the Krasnodar Territory is the largest agricultural and recreational region, which implies an increase in seasonal employment in the spring and summer period. We believe that the creation of integration mechanisms between various information systems or the definition by the authorities of a list of systems freely available to employers will make it possible to more effectively solve the problems of employment of citizens in the regions and improve the quality of implementation of control and supervisory measures.

Although artificial intelligence has been the focus of close attention of the scientific community and the state in recent years, it does not look like a panacea for an ultimatum increase in labor productivity and a total solution to employment problems. As a working digital technology, it is able to influence the shift in the specifics of employment, expressed in an increase in the number of information technology specialists; a more active replacement of creative industry workers and technical personnel with software bots and robots. Concern about the risks of contrasting human-worker and digital technologies is reflected in regulatory legal acts. In particular, the Decree of the Government of the Russian Federation No. 2129-r dated August 19, 2020, as an industry-wide task of regulating artificial intelligence and robotics in the process of developing state policy in the field of employment, formulated the need to assess their impact on the labor market and the demand for professions. The actual change in regional employment due to the use of artificial intelligence and other intelligent systems is observed geographically where appropriate conditions exist and are being created for the introduction of digital technologies (in zones of experimental legal regimes, high-tech clusters, research centers of commercial organizations).

Another aspect of technological progress is the prospect of widespread introduction of robots capable of performing physical labor and technical tasks. There is a tendency to consistently increase the number of industrial devices capable of replacing groups of professions ^[15]. In the context of the active introduction of robots, job quotas and staff retraining are seen as a promising solution.

The possibility of introducing artificial intelligence into the internal processes of organizing the activities of bodies and institutions (services) of employment in the regions seems realistic. The actual expression of such processes can currently be as follows: the use of big data collection and processing mechanisms for making managerial decisions in the field of labor and employment and forecasting the situation on the labor market; automatic assessment of knowledge, competencies and skills of persons applying for employment based on submitted documents and their personal interest; individual provision of services and information about vacancies in a proactive mode (for example, receiving notifications through the Unified Portal of Public Services with relevant vacancies based on information available about a person); gradual refusal and exclusion of providing documents in paper form due to intelligent collection of information from systems, as well as automatic filling in of information about oneself by a citizen through open access information systems.

The federal structure of Russia implies a variety of regional specifics in the field of labor and employment. We do not consider it necessary to adopt a separate legislative act at the level of a constituent entity of the Russian Federation capable of unifying and reflecting aspects of the use of digital technologies to strengthen regional employment and staffing. However, stimulating the use of digital technologies for employment purposes requires regulatory clearance, and can be embodied in federal and regional government programs dedicated to promoting employment. In addition, the formation of a responsible attitude to technology in the workplace implies the presence of a certain level of legal and digital culture of behavior. The use of modern educational tools in personnel work will help maintain a balance in the relationship between an employee, employer, institutions and bodies in the context of the digital transformation of the state.

Conclusion

Digital transformation creates conditions for the modernization of the activities of public authorities and organizations; it can influence the adjustment of state policy in the field of labor and employment. These processes lead to a convergence of industry regulation, as public administration and labor relations are filled with a "digital context".

The legislation does not contain an indication of the use of specific digital technologies in work, including in the implementation of personnel work. They can be found in the subordinate legal regulation. The actual regulation of technologies is necessary if their implementation poses risks of violating the established order and the rights of citizens. Since the state is only at the beginning of the path of digital transformation, the potential risks are not obvious, and may well be minimized by the practical activities of the authorities and judicial practice. However, this does not exclude that legislative formulation of the specific features of the use of digital technologies will be required due to their dynamic development.

At the same time, the impact of digital technologies on regional employment and staffing is obvious. Taking into account the possibility of using technologies, the employment structure in the subjects of the Russian Federation is changing, and territorial boundaries in employment issues are being erased for employees. In the same conditions, personnel work loses its territorial attachment, it is carried out faster and reduces the human factor in evaluating candidates, becomes more standardized and economical, develops fundamentally different, more technically advanced mechanisms for personnel selection and training.

We believe that it is important to develop a procedure for disclosing information about the use of digital technologies in this area. A certain analogy can be drawn with the positive practice of changes in information legislation in the field of the use of recommendation technologies. These measures will prevent violations of the rights and legitimate interests of citizens and organizations, formulate conditions for prior information and make public for employees the policy of using digital technologies by the employer in relation to them.