International cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union

Blinnikova Anna Valer'evna ORCID: 0000-0001-8553-2679 PhD in Philosophy Associate Professor of the Department of Applied Informatics and Documentation of Irkutsk State University 664003, Russia, Irkutsk region, Irkutsk, Karl Marx str., 1 niipgergo2026@mail.ru Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University Head of the Department; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Cheshin Andrei Vladimirovich ORCID: 0009-0000-7572-3076 PhD in Economics Associate Professor; Faculty of Secondary Vocational Education; Orsk Institute of Humanities and Technology (branch), Orenburg State University 462419, Russia, Orenburg region, Orsk, Mira, 15A niipgergo2009@mail.ru Other publications by this author

Petrenko Elena Gennad'evna PhD in Law Associate Professor; Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Introduction.

The problems of organizing and implementing international cooperation and interaction of subjects of public control (subjects of civil society) are widely studied in the works of A. A. Markov, ^{[1, pp. 3454-3463]} E. V. Berdnikova, ^{[2, pp. 6-9]} V. V. Goncharov, ^{[5, pp. 94-99; 6, pp. 80-91]} A. A. Borisova, ^{[8, pp. 78-91]} T. D. Zavyalova, ^{[9, pp. 111-121]} O. V. Nezhenets, ^{[14, pp. 230-235]} V. M. Palchenkova, ^{[15, pp. 51-56]} E. D. Kuleshova, ^{[16, pp. 86-89]} as well as a number of other authors. The issues of organizing and exercising civil society control over the apparatus of public power and organizations exercising certain public powers in the countries of the European Union, as well as the problems of international interaction and cooperation of subjects of public control (subjects of civil society) in Europe, are analyzed in detail in the works of T. V. Bugaichuk, ^{[3, pp. 5-17]} A. Yu. Vedekhin, ^{[4, pp. 64-72]} A. A. Kanunnikova, ^{[10, pp. 6-18]} A.V. Kopylova, ^{[11, pp. 497-500]} N.V. Kravchuk, ^{[12, pp. 58-70]} E. I. Matyukhova, ^{[13, pp. 73-85]} T. L. Rovinskaya, ^{[17, pp. 24-33]} N. D. Chegodar, ^{[18, pp. 81-97]} as well as some other scientists. At the same time, the share of studies devoted to the analysis of modern problems that impede international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union remains small. This circumstance determines the choice of this research topic, the purpose of which is not only to identify and study the above-mentioned problems, but also to develop a system of measures to resolve them. The main objectives of the study are the following: a) analysis of the current state of development of the institute of public control in the European Union; b) substantiation of the role and place of international cooperation of subjects of public control (subjects of civil society) The European Union in the mechanism of civil society development; c) analysis of the main forms of this international cooperation both within the framework of the European Union and on a global scale as a whole; d) identification and analysis of the main problems that hinder the development of the institute of international cooperation of subjects of public control (subjects of civil society) on the example of the countries of the European Union; e) development and justification of a system of measures to resolve these problems.

Research methods and methodology. The empirical base of the study.

A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations.

The empirical basis of this scientific article is: a) the regulatory framework of the European Union devoted to the regulation of civil society institutions and its participation in the control of public authorities, other bodies and organizations authorized to exercise certain public powers both on behalf of public authorities of national states and governing bodies of the European Union; b) the regulatory framework of the countries of the European Union devoted to the regulation of the institution of public control at the level of national states (including the possibility of participation of subjects of public control (subjects of civil society) in European cooperation among themselves, as well as in international cooperation with other subjects of public control (subjects of civil society), their international associations and c) documents related to the practical activities of subjects of public control (subjects of civil society) of the European Union countries, their European associations and unions, as well as international associations and unions of subjects of public control (subjects of civil society); d) materials related to the organization and activities of European and international associations and unions of associations and unions of subjects of public control (subjects of civil society), their international interaction and cooperation; e) materials of the scientific legal doctrine of civil society and public control.

The main text.

The Institute of public Control (control of civil society over the apparatus of public authority, as well as bodies and organizations authorized to exercise certain public powers) acts as the most important legal guarantee for the implementation, protection and protection of both the system of legal principles enshrined in national and international legislation, and the entire system of rights, freedoms and legitimate interests of individuals and legal entities.

This institution is of particular relevance in the European Union.

This is due to the fact that in the European Union, both at the pan-European level and at the level of national states, the bureaucratic apparatus is the most advanced in its development (if compared with any other countries and regions of the world).

And such a powerful and extensive apparatus of power requires an extremely high level of control by civil society institutions, otherwise public power at the level of national states, as well as the European bureaucratic apparatus at the level of bodies of the European Union, will be uncontrolled by the population.

It is possible to achieve full-fledged control of public power by the people in such conditions only through the development of international interaction and cooperation of subjects of public control (subjects of civil society).

Firstly, subjects of public control (subjects of civil society) at the level of national states have the opportunity to cooperate with similar subjects of other states, which allows them to control the bureaucracy everywhere.

Secondly, these entities can actively unite both at the international regional level (within the framework of the European Union) and at the global level, in international associations and unions of subjects of public control (subjects of civil society).

Thirdly, such international interaction and cooperation makes it possible to identify the most effective forms, methods and types of public control measures (civil society control over international and national bureaucracy and any other objects authorized to exercise certain public powers).

Fourthly, international interaction and cooperation of subjects of public control (subjects of civil society) among themselves and within the framework of the previously mentioned associations and unions allows scaling up any new forms, methods and types of public control measures within the European Union (civil society control over international and national bureaucracy and any other objects authorized to implement certain public authority).

Fifth, this international cooperation makes it possible to combat international corruption among the public authorities of national States, the international bureaucracy, as well as among international non-governmental organizations affiliated with public authorities.

Sixth, thanks to this cooperation and interaction, decisions, actions, and acts of authorities can be monitored in real time throughout the European Union (which is especially important for countries that have recently joined the European Union and in which there is a very low level of legal culture and legal awareness, but a high level of corruption).

What are the main forms of international interaction and cooperation of subjects of public control (subjects of civil society) on the example of the European Union?

Firstly, the above-mentioned entities and their international (regional and planetary) associations and unions can carry out contacts at the level of authorized representatives of these entities. For example, these representatives can hold meetings, bring documents, and contact local authorities to open representative offices of these entities.

Secondly, these entities can send appeals to each other, in particular, on issues of information exchange, or with an appeal to unite in international unions and associations (regional and planetary level).

Thirdly, these entities can carry out joint control measures (for example, in relation to the international European bureaucracy).

Fourth, they can initiate various negotiation processes among themselves, or with the participation of public authorities, as well as other objects of public control (control of civil society institutions).

Fifth, they can mediate for each other, as well as for the international and national bureaucracy.

Sixth, the very fact of the creation of international associations and unions of subjects of public control (subjects of civil society), as well as the organization and holding of their congresses, other constituent, protocol (other mandatory) events, can be considered as a key form of interaction.

Seventh, various scientific and practical events (conferences, symposiums, publishing activities, etc.) are held within the framework of this interaction and cooperation.

Eighth, the above-mentioned entities can provide management advice to each other within the framework of international cooperation and interaction (for example, both in terms of control activities and the work of their offices).

Ninth, they can represent each other in government bodies (including law enforcement agencies and courts).

Tenth, some of the above-mentioned entities may provide various types of support to other entities (organizational, legal, financial, material, technical). This is especially true in the European Union, when developed member states (for example, Germany) provide this support to countries with underdeveloped economies (for example, Bulgaria or the Baltic States).

But international cooperation and interaction of subjects of public control (subjects of civil society), as well as their associations and unions, are associated with numerous problems, among which we can highlight the following:

First, an analysis of the numerous acts that form the basis of the organization and functioning of the European Union (in particular, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 03.09.1953, the Lisbon Treaty amending the Treaty on European Union and the Treaty Establishing the European Community of 13.12.2007, the Charter of the European Union on Fundamental Rights of 2000, the Brussels the 1948 Pact, the 1951 Treaty of Paris, the 1954 Paris Agreements, the 1954 Rome Treaties, the 1954 Merger Treaty, the 1986 Single European Act, the 1992 Maastricht Treaty, the 1997 Amsterdam Treaty, the 2001 Nice Treaty, as well as a number of others) shows that there is no separate document in the European Union, which would regulate the activities of subjects of public control (subjects of civil society) at the pan-European level.

The solution to this problem is seen in the development and adoption of a single normative legal act in the European Union, which would consolidate the legal status and foundations of international interaction and cooperation of subjects of public control (subjects of civil society), for example, by detailing the procedures for the creation and activities of their associations and unions, as well as their interaction with other international associations and unions in this field.

Secondly, historically, subjects of public control (subjects of civil society) are distinguished by their lack of real powers to control national and international bureaucracy. The solution to this problem is seen in the introduction of appropriate amendments to national and European legislation in this area.

Thirdly, a major problem is that international associations and unions of subjects of public control (subjects of civil society) are poorly developed in the world as a whole. The solution to this problem is to instruct the international bureaucracy to develop measures to support, on the one hand, the processes of creating these associations and unions, and, on the other hand, international interaction and cooperation of these entities.

Fourth, a major problem is that in terms of the level of use of modern digital technologies, subjects of public control (subjects of civil society), as well as their international (regional and planetary) associations and unions, lag far behind the public authorities of national states, international governmental and non-governmental organizations. ^{[7, pp. 76-79]} The solution to this problem is seen in stimulating these processes (at the expense of the budgets of international governmental organizations, as well as the budgets of national states).

Fifthly, a significant problem is the fact that the national legislations of the member states of the European Union differ quite significantly in terms of regulating the institution of public control (control of civil society over the apparatus of public authority, as well as other objects endowed with the right to exercise certain public powers). The solution to this problem is seen in the analysis of the specified legislation, its unification.

Conclusion.

In the course of our scientific research, we have made a number of conclusions, among the most important of which are the following:

1. The Institute of Public Control in the European Union is the main institution of civil society both at the level of national states that are members of this international governmental organization, and in general at the level of the European Union itself, acting as a legal guarantee of the system of legal principles formalized in national and European legislation, as well as the entire system of rights, freedoms and legitimate interests individuals and legal entities residing, registered or located in the territory of the European Union.

2. International cooperation of subjects of public control (subjects of civil society) European Union Central place and role in the mechanism of development of civil society of the countries in this international governmental organization by: a) possible cooperation efforts of the subjects of public control (civil society actors) to protect the rights, freedoms and legitimate interests of natural and legal persons residing or registered in the territory of the European Union (this is especially true in the so-called "young" member countries of the European Union); b) occurs in the real-time exchange of experience between the subjects of public control (civil society actors) from different countries of the European Union; C) it is possible to scale throughout most successful forms, methods, types of control activities of civil society as with public authorities at European and national level and the activities of other bodies and organizations which have the right of implementation of certain public functions, as in certain countries, and in General throughout the European Union; d) it is possible to identify the facts of international and European corruption of officials of public authorities and other bodies and organizations who is entitled implementation of certain public functions, as in certain countries, and in General throughout the European Union; d) monitor the activities, acts and decisions of the European and international bureaucracy in compliance with the rights, freedoms and legitimate interests of legal and natural persons residing or registered in the territory of the European Union; e) possible, on the one hand, the establishment and operation of European associations and unions of subjects of public control (civil society), and on the other hand, part of these European associations and unions in cooperation and collaboration with the international (global) associations and unions of subjects of public control (civil society actors).

3. As the main forms of international cooperation of subjects of public control (subjects of civil society) both within the framework of the European Union and on a global scale in general, it is possible to distinguish, in particular: a) contacts of representatives of national subjects of public control (subjects of civil society) both among themselves and with representatives of European and international (planetary) associations and unions; b) appeals of subjects of public control (subjects of civil society), as well as their European and international associations and unions, to each other; c) organization of joint activities to control civil society over public authorities, international governmental organizations and non-governmental organizations, other bodies and organizations authorized to exercise certain public powers; d) organization of negotiations; e) mediation; f) creation of international associations and unions of subjects of public control (subjects of civil society), as well as organization and holding of their congresses; g) organization and holding of scientific and practical conferences; h) managerial advice to each other; j) representation of each other's interests in public authorities (primarily in courts and law enforcement agencies); i) provision of organizational, legal, financial, material, and technical support.

4. Optimal international cooperation of subjects of public control (subjects of civil society) of the European Union countries is hindered by a number of problems, among which the following can be distinguished: a) the absence of a single normative legal act in the European Union, which would consolidate the legal status and foundations of this international cooperation; b) weak powers as subjects of public control (subjects of civil society) in the countries of the European Union, as well as their European unions and associations (as well as international associations and unions in this field); c) weak development of the institute of international associations and unions of subjects of public control (subjects of civil society) in the world as a whole; d) insufficient use of modern digital technologies by these subjects technologies both in their activities and in the processes of cooperation; e) the lack of unification of national legislation in this area both in the countries of the European Union and in the world as a whole.

5. The resolution of these problems will require the development and implementation of a system of measures, among which are the following: a) the adoption at EU level of the Single European act on items on the one hand, of the organization and functioning of subjects of public control (civil society) in the European Union, and on the other hand, their interaction and cooperation among themselves and with other similar entities outside of the European Union (including international associations and unions of subjects of public control (civil society); b) securing the draft Single European act and in the national laws of member countries of the European Union, the broad powers of the constituent entities of public (civil society) in relation to the European and the national bureaucracy, as well as other objects of the control of civil society (e.g. the right to suspend short-term decisions that violate the rights, freedoms and legitimate interests of individuals and legal entities (up to address this issue on the merits by the relevant court)); C) the fixing of international law (at the level of the International Covenant on civil and political rights from 16.12.1966, the universal Declaration of human rights, etc. documents) the institution of social control (control of civil society with public authorities in the national States and international bureaucracy) with details of their powers on the organization of international cooperation (including through the establishment of an international (global and regional) unions and associations); g) the adoption by the European Union system of programs aimed at organizational, technical and material development of subjects of public control (civil society actors), for example, the introduction of their activities and international cooperation of modern digital technologies (including artificial intelligence), to be financed from the budget of the European Union; d) analysis of the national legislation of the participating countries of the European Union dedicated to the issues of social control (control of civil society and public authorities and bodies and organizations with public authority), and subsequent unification that will facilitate the organization and conduct of interaction and cooperation between the subjects of social control (civil society actors) of the participating countries of the European Union.