The concept of constitutional duty as a basis for solving personnel problems in the public sectors of the Russian economy

Madatov Oleg Yakovlevich General adviser, Interregional Public Movement for the Protection of the Rights of Servicemen and Their Families "Conscience of the Law" 350072, Russia, Krasnodar Territory, Krasnodar, Moskovskaya str., 61, sq. 32 oleg_madatov@rambler.ru Other publications by this author

Introduction

In the context of modern challenges to the socio-economic development of States, the issue of personnel shortages in the public sector is of particular importance. There is a significant correlation between the effectiveness of the functioning of state institutions and the qualitative characteristics of human capital in the public sector. In particular, the Russian Federation demonstrates a pronounced need for highly qualified specialists for such strategically important areas as the administrative apparatus, the system of educational institutions and healthcare organizations. The implementation of traditional mechanisms for solving this problem involves a set of limiting factors of a logistical and managerial nature, which determines the need to develop innovative methodological approaches to optimizing the human resources potential of the public sector.

The presented study analyzes the problem of the shortage of qualified specialists in the public sector of the Russian Federation through the prism of constitutional and legal mechanisms. The fundamental theoretical basis is the rethinking of the role of civic participation in the development of statehood. An innovative approach to solving the personnel shortage is proposed through the implementation of the concept of the constitutional duty of citizens. This concept is based on the scientifically based position that the provision of professional personnel to government agencies should be considered as an integral component of the constitutional obligations of citizens, and not solely as the prerogative of government agencies. Such a transformation of the paradigm presupposes the intensification of civic participation in the processes of state-building and socio-economic development of the country.

A comprehensive analysis of the mechanisms for stimulating and developing human capital in the public sector is carried out, based on international practice. The research focuses on substantiating the transformation of traditional methods of personnel formation through the prism of a participatory approach and shared responsibility between the state and civil society. Special attention is paid to the regulatory, moral, ethical and applied components of the implementation of this paradigm, including a detailed assessment of related preferences and potential threats.

In the course of the work, the following research methods were used: dialectical, logical, systemic, functional, formal-legal, comparative-legal.

Theoretical overview

The constitutional duty is an unconditional duty of a citizen, which restricts his constitutional rights and freedoms under threat of criminal punishment ^[1]. The institution of constitutional obligations of citizens to society plays a fundamental role in the system of state-legal relations. This mechanism includes mandatory rules on tax deductions, state defense and respect for the rights of other subjects of legal relations, ensuring the stable functioning of social institutions. It should be noted that the interaction between the state apparatus and the population is based on constitutional duty as a cornerstone of the legal system, which determines the effectiveness of public regulation and the institutional stability of government structures.

The evolution of the institution of constitutional duties on the territory of the Russian state demonstrates a significant transformation of legal paradigms. The Soviet period was characterized by the predominance of a collectivist approach to the duties of citizens, which was reflected in various editions of the constitutional acts of the USSR. This stage was preceded by a monarchical system of legal relations based on the concept of subordinate duty and service to the throne. The fundamental foundations of the modern understanding of constitutional duties originate in ancient Russian law, undergoing significant modifications throughout the historical process of the development of Russian statehood ^{[2, p. 128]}.

In the context of the formation of a democratic rule-of-law state, the 1993 Constitution of the Russian Federation established a fundamental system of correlation between the state and its citizens. The implementation of international human rights norms and obligations of the Russian Federation served as the basis for the constitutional consolidation of civil duties. This normative legal act of the highest legal force ensures an optimal balance of powers and imperative prescriptions, which determines the effectiveness of state-legal interaction ^[3].

Within the framework of the economic paradigm, the synergetic effect of integrating individual labor activity of citizens and the functioning of state economic institutions is of fundamental importance. The analysis of theoretical concepts demonstrates that the stability of macroeconomic indicators and the rational allocation of strategic resources carried out by the public sector are directly dependent on the effectiveness of labor participation of the population as a fundamental factor of production in the public management system ^[4].

On the part of public administration, the implementation of constitutional imperatives, in particular, the educational and economic obligations of citizens, as a tool for eliminating personnel shortages in the public sector, is of particular importance. A comprehensive analysis shows that the integration of the theoretical postulates of constitutional duties with their practical implementation contributes to maximizing human capital, which, in turn, determines the positive dynamics of socio-economic development of society.

Empirical research demonstrates that the activation of civic participation through the prism of constitutional obligations can serve as an effective mechanism for optimizing public administration and ensuring the sustainable development of society. This approach seems to be particularly relevant in the context of modern challenges facing the public administration system.

Analysis of the current state of personnel in the public sectors of the economy of the Russian Federation

The analysis of the functioning of the state institutions of the Russian Federation revealed a critical trend in the shortage of professional personnel ^[5], which significantly hinders the implementation of structural reforms in various sectors. Research shows that the intensification of the professional burden on the current staff of government institutions determines a decrease in the quality of public service and provokes a syndrome of professional destruction among employees ^{[6, p. 137]}. Of particular concern is the situation in strategically important areas of public administration, including the healthcare system, the educational sector, and the law enforcement sector, where there is a significant imbalance between staffing needs and the actual availability of qualified specialists.

The scientific research of E. S. Kotyrlo states the complex problem of personnel shortage in the public sector. Scientists have identified a correlation between the low attractiveness of public service for young professionals and a combination of negative factors. The latter include a significant wage gap relative to the commercial sector, limited career prospects, and an insufficient level of technological modernization of infrastructure ^{[7, p. 67]}. These determinants exacerbate the shortage of personnel in government agencies.

According to statistics, there is a significant shortage of personnel in key government agencies of the Russian Federation. The most critical situation is recorded in the healthcare system, where, as of June 2024, there is a shortage of 92,000 medical personnel, including 29,000 doctors and 63,000 middle-level medical staff. At the same time, studies show that about 70% of practicing doctors show signs of professional burnout syndrome ^{[8, p. 754]}. A significant personnel shortage is also observed in the structure of the Ministry of Internal Affairs of the Russian Federation, where, as of November 1, 2024, understaffing reaches 173.8 thousand employees, which is 18.8% of the total staff ^[9]. In the State Fire Supervision agencies, the shortage rate reaches 15% as of July 2024.

A critical staffing situation is observed in the public sector, where the annual staff rotation reaches 19%, which significantly exceeds the industry average of 3-5% ^{[10, p. 47]}. Of particular concern is the fact that a significant proportion of specialists (60%) stop working in government agencies before the end of their three-year term of service.

The most acute shortage of qualified personnel is demonstrated by the medical industry, where in some regions of the Russian Federation staffing levels do not reach 65% of the required number of specialists. A similar problem can be traced in the educational sphere, mainly in peripheral and rural settlements, where the understaffing of teaching staff reaches 30% ^[11].

The analysis shows that the lack of effective mechanisms for long-term staff motivation in the public sector, combined with inadequate conditions for professional activity, determines the current problems of the personnel situation.

The shortage of staff in public sectors has complex causes. The main ones include:

1. Economic factors: the analysis of the labor market demonstrates a significant difference in the level of material remuneration between the public and private sectors of the economy, with which there is a lag in wage indicators in government structures. This disparity is a significant factor determining the decline in the attractiveness of public institutions as employers in the context of the struggle for qualified human resources. This opinion is confirmed by the research of T. L. Zhuravleva ^{[12, p. 3]}, E. I. Vorobyeva ^{[13, p. 16]}, Francisco de Castro ^{[14, p. 33]}, Max Everest-Phillips ^{[15, p. 6]} and others.

2. Social and demographic factors: demographic trends characterized by an increase in the average age of the population cause a significant imbalance in the labor market. In conditions of mass termination of employment by highly qualified workers of retirement age, there is an acute shortage of competent personnel. At the same time, representatives of the younger generation of specialists demonstrate a tendency to search for alternative vacancies offering a more competitive level of financial remuneration and expanded career opportunities. This opinion is confirmed by the research of E. T. Gurvich ^[16], O. E. Krupeichenko ^{[17, p. 70]}, Nicole Maestas ^{[18, p. 3]}, Gary Burtless ^[19] and others.

3. Socio-cultural factors: in modern conditions, there is a significant transformation in the attractiveness of the public sector as a place of employment. The analysis of the preferences of the younger generation demonstrates a pronounced tendency to choose employers from the private sector of the economy, due to their superiority in implementing innovative technological solutions and providing more adaptive employment conditions. These dynamics indicate a shift in the paradigm of labor values towards digitalization and individualization of the workflow. This opinion is confirmed by the research of E. V. Gurov ^{[20, p. 96]}, I. A. Korchagin ^[21], Adedapo Oluwaseyi Ojo ^[22], Jack Mullan, Oscar Vargas Llave ^[23] and others.

4. Managerial problems: the shortage of qualified specialists is caused by a complex of managerial shortcomings, among which ineffective HR management mechanisms, imperfect professional growth systems and insufficient development of motivational tools for stimulating staff prevail. This opinion is confirmed by the research of T. V. Yakushin ^{[24, p. 9]}, I. Yu. Lenskaya ^[25], S. Amops, O. Krasnyak ^[26], and others.

5. Infrastructural factors: an analysis of the technical condition of the infrastructure shows a critical degree of deterioration of the material and technical base of organizations, which is especially pronounced in peripheral locations and creates unacceptable conditions for the professional activities of employees.

A comprehensive study of domestic and foreign specialists demonstrates that the financial aspect is the main limiting factor in the process of implementing the necessary transformations. The shortage of material resources significantly limits the possibilities of implementing the required measures. Nevertheless, the modernization of the public administration system and the optimization of the quality of life indicators of the population are impossible without solving personnel issues. This task requires a multi-component approach that integrates the following elements: modification of the financial incentive system, optimization of the production environment, digital transformation of work processes and an increase in budget allocations to the public sector.

Constitutional duty as a tool for solving personnel problems

The study of personnel issues in the state apparatus of the Russian Federation demonstrates significant structural imbalances in the distribution of labor resources. Insufficient staffing of government agencies with qualified personnel creates significant obstacles to the implementation of strategic transformations and optimization of administrative processes. In this regard, there is a growing need to implement a multi-vector approach that integrates socio-economic mechanisms and innovative methods of human capital management to offset the current staff shortage.

In accordance with the current legislation of the Russian Federation, the fundamental constitutional imperative is the protection of the Fatherland, which is enshrined in the Basic law of the State of 1993. An analysis of the regulatory framework, in particular the Federal Law "On Military Duty and Military Service" (paragraph "a" of Part 1 of Article 22), demonstrates gender differentiation in the implementation of this provision. It is noteworthy that the legal status of military personnel is characterized by a significant dichotomy.: for men, the protection of the Fatherland through service in the Armed Forces of the Russian Federation is mandatory, whereas for women this provision is implemented on a dispositive basis, being their constitutional right. This legal phenomenon, fixed in Part 1 of Article 59 of the Constitution of the Russian Federation, is confirmed by the results of scientific research in the field of constitutional law.

In the context of defining civil obligations, it seems appropriate to determine the substantive components that make up the complex concept of "protection of the Fatherland" as a constitutional and legal category. This definition requires a comprehensive analysis in terms of the correlation between the obligations imposed on citizens and their debt imperatives to the state.

According to Yu. G. Fedotova, the protection of the Fatherland means the entry of citizens into appropriate legal relations with the state, in which "they perform a legal realization function (for example, participating in the activities of bodies and organizations within the military organization of the state), as well as human rights (in protecting their interests) and law enforcement functions (when citizens' activities are related to the protection of public interests" ^{[27, p. 93]}. At the same time, the author notes that the protection of the Fatherland is the duty and duty of citizens "regardless of gender, origin, property and official status, etc." This concept is confirmed by the research of B. S. Ebzeev ^[28] and V. I. Kruss ^[29].

This definition seems to be incorrect, since the concept of "defense of the Fatherland" is not limited exclusively to the military-defensive component, but integrates many other essential aspects of ensuring the national security of the state.

According to Ya. V. Manin, the protection of the Fatherland means that "Russian citizens are obliged to defend the Russian Federation by armed means both from the enemy who attacked it and from the potential real threat from a possible enemy" ^{[30, p. 43]}.

As a result of the analysis, a discrepancy in the formulation under consideration was revealed. An essential aspect is that ensuring national security is implemented not only through the military component, but also through civilian participation in various sectors of government activities. In particular, a significant contribution to the protection of State interests is made through economic mechanisms, diplomatic channels and other non-military spheres. Consequently, the original thesis demonstrates a methodological inaccuracy that does not take into account the multidimensional nature of the protection of national interests.

Thus, the very concept of "defense of the Fatherland" does not cover only military activities, as it is presented in the Federal Law "On Military Duty and Military Service" and according to some researchers. In order to determine what exactly needs to be protected in the Fatherland, according to the author, it is necessary to refer to the definition of a state secret (set out in the Law of the Russian Federation "On State Secrets" before amendments were made on 08/04/2023 FZ No. 432-FZ): "information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the spread of which may damage the security of the Russian Federation."

Therefore, in our opinion, based on this definition, the protection of the Fatherland presupposes the provision by citizens of the protection of the Russian Federation in the field of military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities.

An analysis of the constitutional obligations of citizens allows us to state that the concept of protecting the Fatherland significantly exceeds the scope of exclusively military service. The rational allocation of material and human resources is made possible by an integrated approach to the implementation of constitutional duty. The current paradigm provides for the participation of all citizens, regardless of gender, in ensuring State security and the progressive development of the country through the application of their professional competencies in various fields of activity.

Within the framework of the current legislation, it seems advisable to make adjustments to the regulatory framework governing the issues of fulfilling the constitutional duty of citizens. In particular, it is proposed to modify the existing provisions on the protection of the Fatherland by making appropriate amendments to federal legislative acts concerning both military service and its alternative civilian form. This legislative initiative is aimed at expanding the legal framework in the field of fulfilling the civil duty to protect the state, namely by making appropriate additions and changes.:

1. Federal Law "On Military Duty and Military Service":

- remove: in part 1 of art. 9, part 1 and part 2 of art. 13, paragraph 2 of art. 15, part 8 of art. 20, part 4 of art. 20.2, paragraph "a" of part 1 of art. 22, part 4 of art. 35, part 2 of art. 50 the wording "male".

Bringing federal legislation into line with the constitutional norms on equal rights of citizens (part 2 of art. 6, Part 3 of art. 19 of the Constitution of the Russian Federation) will ensure the expansion of opportunities for the female population in the military sphere. In particular, the proposed changes will eliminate existing restrictions on obtaining basic military training and primary defense skills that were previously unavailable to women due to the lack of a mechanism for their conscription. This legal modernization contributes to the implementation of the fundamental principle of equality of rights and duties of all citizens, enshrined in the Basic Law of the State.

2. Federal Law "On Alternative Civil Service":

- remove the phrase "male" from Part 1 of Article 3;

- add Article 2, "A citizen has the right to replace military conscription with alternative civilian service in cases where:" with the following paragraph: "he has received a level of professional education in accordance with Part 5 of Article 10 of the Federal Law "On Education in the Russian Federation."

In accordance with the provisions of Part 5 of Article 10 of the Federal Law "On Education in the Russian Federation", it is possible to recruit staff with the appropriate level of professional training. This measure helps to minimize the shortage of human resources by attracting specialists with higher and secondary vocational education to existing vacancies. Subject to the effective performance of official duties within the framework of the civil service, the head of the structural unit has the right to initiate the prolongation of employment relations with an employee by proposing to continue filling a previously held position if there is an appropriate expression of the latter's will.

Moreover, a significant disparity in the labor market has been identified, namely, about 40% of graduate specialists choose a professional trajectory that does not correspond to their academic training ^{[31, p. 69]}. The proposed regulatory modifications are designed to offset this structural discrepancy between the educational system and the actual employment of graduates.

In the process of analyzing the effectiveness of public investments in higher education in the current model, a significant problem of irrational use of budgetary funds has been identified. Despite the constitutional right of citizens to receive higher education free of charge, as stipulated in Part 3 of Article 43 of the Basic Law of the Russian Federation, a paradoxical situation is observed: a significant part of certified specialists do not realize their acquired competencies in relevant professional fields. This circumstance leads to an imbalance between the government resources expended and the actual number of qualified personnel in the labor market, which, in turn, exacerbates the shortage of specialized specialists in various sectors of the economy.

The historical context and conceptual ideas expressed by political leaders, such as the speech of the 35th President of the United States, as a candidate from the Democratic Party at the end of the inaugural address, emphasize the importance of citizen-state feedback.: "Think not about what the country can give you, but about what you can give it" ^{[32, p. 64]}, that is, citizens should not only receive benefits from the state, but also return the funds invested in them through their professional activities.

The institute of compulsory civil service for graduates of professional educational institutions is an urgent mechanism for optimizing government spending and attracting qualified specialists to the public sector. This concept provides for the implementation of a system in which an individual receives the right to further education and the possibility of postponement in case of continuing education, while maintaining the obligation to carry out professional activities in government structures. Such an approach to solving the personnel shortage allows not only to rationalize the use of budgetary resources, but also creates an effective mechanism for the practical application of acquired competencies in public administration.

The rational allocation of State resources and the strengthening of the institutional structure is achieved through the introduction of the mechanism of constitutional duty. This tool demonstrates high efficiency in the context of optimizing the human resources potential of the public sector. Moreover, the implementation of this mechanism contributes to the formation of a conscious approach among citizens to professional self-determination and an increase in their level of social responsibility. As a result, there is a significant increase in the quality of public services provided while optimizing the use of the resource base.

International experience

In the process of studying global trends in labor regulation, the analysis of foreign practices deserves special attention. The implementation of the conceptual provisions of constitutional duty in the personnel management systems of various states demonstrates the effectiveness of this approach in solving the tasks of optimizing the labor balance in strategically important sectors of the economy.:

1. Israel: legislation provides for alternative civil service, which is a special form of work in the social sphere, including medical institutions. This type of state service is a substitute for military service for certain categories of citizens, in particular, for people with disabilities or religious beliefs that prevent military service. At the same time, the basic requirement remains the mandatory completion of one of the types of service in accordance with the established criteria. Studies by Hillel Frisch ^[33] and Stuart A. Cohen ^[34].

2. South Korea: along with traditional military service, there is a system of alternative forms of civic duty. This system provides for the possibility of serving in state institutions of a social orientation for citizens who have medical contraindications or other grounds for exemption from military service. In particular, it provides an opportunity to work in medical organizations and social services, which ensures the performance of socially significant functions within the public sector. Studies by M. L. Moskowitz ^[35] and K. H. S. Moon ^[36].

3. Germany: in the modern history of public administration, there has been a significant transformation of the institution of compulsory service. Despite the fact that this institution was abolished in 2011, some entities continue to implement similar socially oriented programs. Until the abolition, citizens had the opportunity to carry out alternative civilian activities in social health institutions and gerontology centers, which was a legitimate substitute for standard compulsory service. Studies by Karl Demeter ^[37] and Karina Wolters ^[38].

4. Norway: Citizens who are subject to military conscription have the legal right to alternative civilian service. This form of military service provides for activities in the social security sector, including the maintenance of health facilities and the provision of patronage assistance to categories of citizens in need. Research by R. R. Krebs ^[39].

The analysis of global practices revealed the systematic implementation of alternative mechanisms for fulfilling civic duty. A key feature of these systems is the integration of human capital into socially significant areas of activity, in particular, in the medical sector and the field of social security. The study demonstrates that states everywhere are developing structured approaches to replacing military service with alternative forms of service to society, providing citizens with a legitimate opportunity to fulfill their duty to the state outside the military sphere.

At the same time, a comprehensive system of integration of graduates of professional educational institutions into the structure of the civil service is becoming essential. A strategically important aspect of this initiative is the formation of a multicomponent infrastructure for the adaptation of young professionals, including mechanisms for professional development and social security. Effective implementation of this concept involves the introduction of state internship programs, the development of a targeted personnel allocation system and the creation of preferential conditions for employees of certain categories. Of particular relevance is the introduction of social support measures covering housing, financial incentives and the creation of favorable conditions for the career advancement of specialists in priority sectors.

In the process of implementing the mechanism of mutual obligations between state institutions and citizens, it is necessary to focus on creating a transparent system of legal regulation. This system should be based on the principles of equality and non-discrimination, eliminating the possibility of gender and other forms of inequality that were previously observed during the implementation of military service. The analysis of the concept of social responsibility demonstrates that the proposed initiatives do not contradict fundamental human rights, but, on the contrary, contribute to the formation of an effective mechanism for the professional self-realization of an individual while compensating for public investments in the educational process.

In modern conditions, the effective functioning of the public sector is determined by the introduction of innovative management technologies in the field of human resources, which leads to a qualitative transformation of the services provided to the population. Overcoming the existing personnel shortage requires a systematic reconstruction of the paradigm of interaction between government structures and society, based on the principle of consensus between individual and collective interests. This concept presupposes a fundamental reorganization of the mental attitudes of both representatives of government agencies and ordinary citizens.

Currently, the concept of national security is becoming complex, integrating not only territorial integrity, but also fundamental aspects of the socio-economic stability of the state. The implementation of innovative management mechanisms in the system of state and municipal administration is a critically important factor in institutional development. This methodology, based on verified scientific principles, contributes to the formation of an adaptive socio-economic infrastructure that demonstrates high resistance to environmental turbulence and ensures prompt response to current challenges.

Conclusion

Within the framework of the modern paradigm of public administration, there is an urgent need to study the mechanisms for overcoming personnel shortages in critical sectors of the civil service of the Russian Federation. Of particular relevance is the study of the potential of constitutional duty as an institutional instrument capable of leveling the existing imbalance in the provision of qualified personnel in such strategic areas as the healthcare system, the educational sector and the law enforcement sector.

The main results of the study are as follows:

1. The need for a new approach: modern research in the field of public administration demonstrates significant deficits in the staffing system of the public sector. The multifactorial nature of this issue, covering economic, socio-cultural and administrative aspects, makes it critically necessary to modernize existing approaches to recruitment and staff retention. The integration of the principles of constitutional duty into the civil service paradigm is considered as an innovative solution, which is potentially able to overcome the current institutional limitations of traditional personnel policy mechanisms.

2. Expansion and adaptation of constitutional duty: in modern conditions, there is a need for a fundamental rethinking of the concept of constitutional obligations of citizens to the state. This transformation is due to the need to expand the traditional interpretation of constitutional duty, which should not be limited solely to military service. A comprehensive analysis of the issues demonstrates the expediency of integrating economic and social aspects into the structure of constitutional obligations. The proposed regulatory and legal modifications are able to offset existing imbalances in both gender and professional dimensions, which are exacerbated by the use of outdated conceptual approaches.

3. Effective use of educational investments: within the framework of the modern paradigm of public administration, the need to rethink the constitutional obligations of citizens is being actualized. This transformation determines the expansion of the spectrum of constitutional duty, integrating into it not only traditional military obligations, but also active participation in the socio-economic development of the state. The implementation of a mandatory period of professional activity in government structures after the completion of the educational cycle seems to be an effective mechanism for optimizing public investment in human capital. Such modernization of the legislative framework helps to offset existing gender and professional disparities, while stimulating an increase in the level of professional responsibility of citizens when making managerial decisions in the public sector.

4. International experience and Russian adaptation: The international experience of personnel policy in the field of military service demonstrates effective mechanisms for integrating civilian alternatives into the compulsory service system. An analysis of successful practices in a number of developed countries (the Federal Republic of Germany, the State of Israel, the Republic of Korea and the Kingdom of Norway) indicates the possibility of implementing these models in Russian socio-economic conditions. Such an adaptation will optimize the existing recruitment system, taking into account current economic challenges.

5. Impact on social and economic stability: Research shows that the integration of public participation into public administration demonstrates significant potential for optimizing the functioning of the administrative apparatus. In particular, the implementation of the principles of shared responsibility between government agencies and civil society contributes to the formation of an effective system for the provision of public services. Moreover, this approach provides a solution to the problem of personnel shortages and creates prerequisites for increasing public confidence in government institutions, which, in turn, promotes the development of a constructive dialogue between the state and society.

As a result of the analysis, it has been established that a fundamental reform of human resource management mechanisms in the public sector of the Russian Federation can be achieved through the implementation of the principles of constitutional duty. The effectiveness of this transformation is conditioned by the need to implement a multidimensional strategy that includes regulatory and legal modifications, increasing social awareness and institutional readiness of the state apparatus for structural transformation. The proposed conceptual framework opens up prospects for the systemic modernization of administrative management, which, in turn, creates prerequisites for ensuring the sustainable development of the state in the long term.