Public Administration Deviantology: Textbook for Master and Specialist of Public Administration programmes (на английском языке)

  HIGHER EDUCATION





I.V. PONKIN





                PUBLIC ADMINISTRATION
                DEVIANTOLOGY




TEXTBOOK FOR MASTER AND SPECIALIST OF PUBLIC ADMINISTRATION PROGRAMMES


TEXTBOOK

znanium.com

электронно-библиотечная система

Москва ИНФРА-М 2024

УДК 351/354+342.9+342.6+342.32(075.8)
ББК 67.401Англ.я73
      П56

           Recommended by the Department of the state and municipal administration of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration
      Author:
         Ponkin Igor Vladislavovich, Doctor of Juridical Science, Professor of the Department of the state and municipal administration of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration (Moscow, Russia) (IPACS, RANEPA), State Professor
      Reviewers:
         Botnev Vladimir Konstantinovich, Doctor of Juridical Science, Head of Department of the state and municipal administration of the Institute of Public Administration and Civil Service of the Russian Presidential Academy of National Economy and Public Administration, State Professor;
         Solovyev Andrey Alexandrovich, Doctor of Juridical Science, Professor of the Kutafin Moscow State Law University

      Ponkin I.V.
П56 Public Administration Deviantology: Textbook for Master and Specialist of Public Administration programmes : textbook / I.V. Ponkin. — Moscow : INFRA-M, 2024. — 304 p. — (Higher Education).
         ISBN 978-5-16-019290-1 (print)
         ISBN 978-5-16-111981-5 (online)
         The textbook presents core grounds and concepts of public administration theory. The textbook is an addition to the author’s textbook “Theory of Public Administration”, it is prepared in accordance with the federal state education standards for higher education for students of “Public and Municipal Administration” and “Jurisprudence” — “Legal Support of Public and Municipal Administration” programmes (Master’s degree and Specialist degree). The textbook is intended for education courses and disciplines of the above Master’s programmes, and also for Master and Specialist of Public Administration referential programmes. The textbook consists of 9 chapters, includes systematized presentation of the material. The book reveals key theoretical issues and relevant matters of the public administration deviantology subject horizon. It presents the contents of referential legal acts and documents. The existing scientific concepts and approaches are given. The recommended literature is provided for in the text, in footnotes. The number of illustrative examples from practice and political field applicable to the material revealed is minimized intentionally. The level of material presentation is advanced.
         The textbook is targeted for students of Master and of Specialist of Public Administration programmes, lawyers, economists, managers, executives and officers of public and municipal administration, and for those who are interested in this subject.

                                 УДК 351/354+342.9+342.6+342.32(075.8)
ББК 67.401Англ.я73


ISBN 978-5-16-019290-1 (print)
ISBN 978-5-16-111981-5 (online)


© Ponkin I.V., 2023

            Introduction



                                      There is little that is fundamentally new in this book. It represents an attempt to state the essential principles of the conventional... doctrine more accurately, and to show their implications more clearly, than has previously been done. That is, its object is refinement, not reconstruction; it is a study in “pure theory”.
                                  Frank H. Knight. Risk, Uncertainty and Profit¹

    According to G.V. Maltsev, “every lawyer, for sure, knows well that randomness, destruction, irregularity, disorganization, deviations and violations of law, mistakes and failures are not eliminated from the law sector. There are always more of them than we would like, but they have a great explanation for that irrationality from which legal regulation is not yet spared. The reason is. the incompleteness of legal reality cognition, lack of reliable information and true knowledge of law, imperfection of the lawmaking and law enforcement methods existing”¹ ².
    In the context of public administration quality evaluation along with the concept³ of “good” public administration (“good governance”) in

¹ Knight F.H. Risk, Uncertainty and Profit. New York: Houghton Mifflin Company, 1921. xiv; 381 p. P. vii.

² Maltsev G.V. Social Foundations of Law. Moscow: Norma: INFRA-M, 2011. 800 p. P. 55.

³ According to our (co-authored) definition, scientific concept is a scienceontology unit, a result (product) of constructive innovative analytical approach, transforming contemplation to abstract comprehension, characterized by certain autonomous configuratedness (insularity) and allowing by the means of compact synthesis (presentation in compressed, compact form) ontologically full and expressly science-based to organize (organizing) in ontologically defined author’s framing design (scientific coordinates system and projection, explanatory order) and original presentation (representation) the ways, means and instruments of observation, comprehension, cognition, and understanding of reality (the facts, ontologies, possibilities, etc., including legal ones), institutionalization (systematized and conceptually formalized idea), construction, fixation, contensive-concentrated description, interpretation, evaluation, explanation and representation of reality, its elements and moduses of its cognition (Ponkin I.V., Lapteva A.I. Methodology of Scientific Research and Practical Analytics: A Textbook: Fourth Edition. Vol. 2: Scientific research. M., 2023. 640 p. P. 64-65).

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a strong state, nowadays more and more often the concept of inappropriate public administration (“bad governance”¹) is considered.
    “It is widely known that modern humanity undergoes a global civilization crisis, and our own current crisis, due to several reasons going extremely severe and in destructive forms, is a part of it”, — these words, spoken by professor G.V. Maltsev¹ ², corresponding member of Russian Academy of Sciences, Doctor of Juridical Science two decades ago, are still relevant.
    According to V.I. Yakunin, distinctive features of such crisis “are spiritual devastation of society, use of sophisticated technologies, imposing the interests of the minority to the majority, atomization of society, nonverbal paradigm and postindustrial society paradigm crisis, grave problems in the US economy with its abnormally big debt burden, questioning its ambitions, Eurozone financial crisis that creates deep social problems, the expected decline in economic growth in South-East Asian countries, increased dependency on raw materials market conditions in a number of countries around the world, including Russia, chronic political instability in the Middle East”³.
    It is impossible to solve the system crisis of the world community as well as in Russia, apparently exposed in the beginning of XXI century, without improvement of social systems⁴ administration, first of all, of the system and process of public administration.

¹ See: Rose R., Peiffer C. Bad Governance and Corruption. Cham (Switzerland): Springer, 2019. xxii; 205 p.; Ponkin I.V., Gabniya V.V. On the concept of inappropriate public administration “bad governance” // Law and Education. 2018. No. 12. P. 4-12; Fawzy S. Accumulative Bad Governance // IDS Bulletin. 2012. Vol. 43. No. 1. P. 54-61; Aly W.O. Bad Governance and Failure of Development Progress in Egypt: Causes, Consequences and Remedies // Journal of Public Administration and Governance. 2013. Vol. 3. No. 4. P. 39-60; Perouse de Montclos M.-A. Mauvaise gouvernance et ONG: l’exception ni-geriane // Autrepart. 2005. Vol. 35. No. 3. P. 127-142; Thian-Hee Y., Ha-bibullah M.S., Law S.H., Azman- Saini W.N.W. Does bad governance cause armed conflict? // International Journal of Applied Business and Economic Research. 2016. Vol. 14. No. 6. P. 3741-3755.

² Maltsev G.V. Insight into Law. Approaches and problems. Moscow: Prometey, 1999. 419 p. P. 16.

³ Yakunin V.I. Conclusion // New technologies of public administration in the mirror of Canadian and Russian experience / Edited by A.M. Margolin, P. Dut-kevich. Moscow: Moscow City Government University of Management, 2013. 272 p. P. 269.

⁴ Lepskiy V.E. Evolution of administration conception (methodological and philosophical analysis). M.: Kogito-Center, 2015. 107 p. P. 7

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    The necessity and directions of public administration system reformation which have been discussed for a relatively long time, have received new impulses in 2016-2019 yrs¹.
    However, all this disjointed set of still mostly implicit knowledge requires serious, deep conceptualization¹ ², strict scientific-theoretical framing³.
    Modern states face newer and more complex to solve difficulties, problems, challenges and threats, which are sometimes fatal. At the same time, the shortcomings of public administration (even more so if they are accumulating) may cause synergistic effects from the integration of negative factors.
    According to the Chairman of the Government of the Russian Federation (at that time) D.A. Medvedev, “Those challenges now remain in front of us in full size. Indeed, this decade has brought many challenges. Partially they were quite predictable, but unexpected in many respects, including their scope: they confront both developed and developing economies, countries with various social structures, various political regimes and the world economy in general. These challenges, if we speak about their scope, are unprecedented. High level of uncertainty also affects almost all aspects of social life. By their scope they are often compared

¹ Bulin D. Public administration reform in Russia: governance “clogs” and “fried rooster” (coming to the crunch) // URL: http://www.bbc.com/russian/ russia/2016/04/160422_russia_administrative_reform. 22.04.2016; Aleksey Kudrin advises on firing one third of public officers. The reform of public administration is discussed in_Presidential Executive Office // URL: https://www. kommersant.ru/doc/3319169. 07.06.2017. There are many referential materials on the Administration reform portal (URL: http://ar.gov.ru). (Last accessed date henceforth is February 27, 2019).

² According to Tom Gruber, conceptualization is an abstract generalized view of life that we want to present (represent) for some purposes. (Gruber T.R. A translation approach to portable ontologies // Knowledge Acquisition. 1993. No. 5. P. 199-220. Gruber T.R. Ontology // Encyclopedia of Database Systems / Ling Liu and M. Tamer Ozsu (Eds.). New York: Springer-Verlag, 2008). Conceptual knowledge is knowledge presenting the most sufficient components in the area of knowledge considered (Item 3.11 GOST Р 43.0.4-2009 “Informational ensuring of equipment and operational activity. Information in technical activity. General provisions” // URL: http://docs.cntd.ru/document/ 1200079261).

³ According to our authorly interpretation, in the most general sense, framing (from Eng. “frame”) means ordering with tight frames of the regulation (or theoretic conceptualization) in the area (field) where the permissive means of impact (and/or cognition) or totally non-invasive approach are applied. Author’s note.

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to the problems that afflicted humanity in the beginning of the previous century. In some ways they may be even more critical”¹.
    Illnesses of every state, including Russia, represent the problems, crises and conflicts, which are, actually, writes V.P. Vorobyev and S.Ya. Kurits, the illnesses of public administration and constitutional law systems¹ ².
    Accounts Chamber of the Russian Federation reports prove it³.
    Modern world brings for Russia especially many already actualized and even more expected challenges. Among the most severe of them it is necessary to emphasize the threats of disorganization and dysfunctionali-zation of public administration system, destruction of Russian statehood.
    In the well-grounded opinion of A.I. Podberezkin and M.P. Ge-bekov, “many current threats are to a great extent a result of extremely low quality of public (in general sense of this word) administration... State apparatus, state authority as a system⁴ works quite inefficiently”⁵. The Chairman of the Government of the Russian Federation (at that time) D.A. Medvedev reports “shortage of suitable competences in state apparatus, up to municipal governments, industrial branches, law enforcement system”, saying that “we need to retrain more than a million professionals”⁶.

¹ Dmitry Medvedev’s speech at plenary discussion session of X Gaidar Forum “Russian and the World: National Development Goals and Global Trends” // URL: http://government.ru/news/35366/. 15.01.2019.

² Vorobyev V.P., Kurits S.Ya. State level pathologies // Nezavisimaya gazeta. 28.10.2011.

³ See, for example: Report on Accounts Chamber of the Russian Federation activities as of the year 2017 // URL: http://audit.gov.ru/activities/an-nual_report/#921; Report on Accounts Chamber of the Russian Federation activities as of the year 2016 // URL: http://www.ach.gov.ru/activities/ annual_report/#896; Report on Accounts Chamber of the Russian Federation activities as of the year 2015 // URL: http://www.ach.gov.ru/activities/ annual_report/report-on-the-work-of-the-accounts-chamber-of-the-russian-federation-in-2015.php.

⁴ According to one of widely-known definitions, “hierarchical controlling system is a centralized administrating system, which decision-making subsystem is subdivided to several subordinate levels, each of them exercising a part of decision-making function” (Administration Theory. Terminology / Exec. editor B.G. Bolik; Academy of sciences of the USSR; Scientific and technical terminology committee; Institute of Administration Problems. Moscow: Nauka, 1988. 56 p. (Series “Collections of recommended terms”. Issue 107). P. 24).

⁵ Podberezkin A.I., Gebekov M.P. The role of national human capital in the period of “phase transition” of humanity. Moscow: MGIMO-University, 2012. 374 p. P. 75-76.

⁶ Dmitry Medvedev’s speech at plenary discussion session of X Gaidar Forum “Russian and the World: National Development Goals and Global Trends” // URL: http://government.ru/news/35366/. 15.01.2019.

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    However, the extreme forms of disorganization and dysfunctionaliza-tion, as S.A. Krasikov notes, can predetermine the irreversibility of the processes leading to death of society¹.
    But modern science does not give irrefragable answers to the questions that appear, it is itself in deep crisis¹ ².
    Recent gloomy anniversary of the Russian state collapse in 1917, 114 years since the preceding events of the first massive attempt to break the state of Russia from the inside in 1905, the events of the years 20142019 in Ukraine, exponential increase in number and hardness of claims made by Western politicians about the necessity of destructing modern Russia³, appearance of further official foreign documents against Russia⁴: all these matters make it necessary to provide a systematic study of deviant conditions and negative transformations of public administration system and the state in overall, determinants, conditions and peculiarities of their dysfunctionalization and destruction.
    The aforesaid is even more relevant because in the Strategy of National Safety of the Russian Federation dated December 31, 2015⁵, much attention was given to these issues.
    According to A.I. Prigogine, “state wreckages,...lawlessness and abuse of authority, which mean dead ends, mistakes, pathalogies, conflicts, seizure of organizational resources — it all becomes a source of severe danger to organized human environment.The existing organization theory is hardly able to answer the challenges of modern time, even if it has changed a lot”⁶.

¹ Krasikov S.A. Social-political risks management under globalization: abstract of a thesis of a Doctor of Political Science: 23.00.02 / N.I. Lobachevskiy Nizhniy Novgorod State University. Nizhniy Novgorod, 2009. 44 p. P. 26.

² See as an example: The data regarding spending 450 million rubles on faulty “Map of Russian Science” was sent to FSB // URL: http://www.interfax.ru/ russia/627330. 31.08.2018.

³ Lavrov: The West is intending to destroy the economy of Russia and to change the regime // URL: http://www.vesti.ru/doc.html?id=2143353&cid=5. 22.11.2014.

⁴ See, for example: Russian Aggression Prevention Act of 2014 // URL: https://www.congress.gov/bill/113th-congress/senate-bill/2277/text; The National Counterintelligence Strategy of the United States of America 2016 // URL: http://www.dni.gov/files/documents/ncsc/National%20CI%20Strategy%20 2016_Unclassified_Final.pdf.

⁵ Russian Federation Presidential Decree dated 31.12.2015 N 683 “On the national security strategy of the Russian Federation" // Collected Legislation of the Russian Federation. 04.01.2016. No. 1 (P. II). P. 212.

⁶ Prigogine A.I. Disorganization: Reasons, types, overcoming. Moscow: Alpina Business Books, 2007. 402 p. P. 8, 17.

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   In modern conditions the necessity of developing and implementing of essentially new approaches to radical improvement, reorganization of the whole public administration system in the Russian Federation becomes actual.
   Alvin Toffler back in his days introduced a concept of “burden of decisions” to describe the situations when outdated political administration systems do not cope with overpressure created by rapidly changing, fragmenting society¹.
   According to the Chairman of the Government of the Russian Federation (at that time) D.A. Medvedev, “the world changes too fast, and our previous conclusions become outdated, it is just difficult to base, develop upon them new approaches for the future”¹ ².
   Modern public administration systems (not only in Russia but in European states and other countries of the world) at the current stage are less and less capable of dealing properly with the burden of decisions and the burden of power in general (in its proper meaning).
   Deep insight into administrative capacity of the state³, the nature of public authority and its purpose, its deontology and the basics of de-viantology, good command of public administration technologies and tools — these are important requirements for public officers and people taking political administrative positions, all those who actualize public administration.

¹ Fedorov V., Diskin I. Responsivity of the modern Russian political system, deformations and disbalances in the system of public-private connections // Monitoring: social and economic changes. 2010. No. 6.

² Dmitry Medvedev’s speech at plenary discussion session of X Gaidar Forum “Russian and the World: National Development Goals and Global Trends” // URL: http://government.ru/news/35366/. 15.01.2019.

³ According to our authorly definition, administrative capacity of a state is a systematic integral unity (provided with relevant functions and competences of public administration bodies (“public bureaucracy”) and efficient administrative-legal and other administrative-managerial mechanisms) of real and expectative (potential) options of public administration bodies to execute public administration independently or in intersystem collaboration, to actualize regulatory, administrative functions and other functions of a state, and to manage state affairs with the necessary correlation with public interests, social requirements and needs, with public order and with the efficiency parameters established (including pertinency and productiveness), and also with the parameters of resistance and resiliency to disorganizing and other negative factors, reflecting and embodying the reaction of the state to the circumstances that determine or will predetermine in future those conjugated public interests and the needs of state and society (including its strata and segments, and also microsociums, formations and individuals).

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   It is clear that people who do not have command of administration science and who cannot apply it in practice obviously should not take the key positions in public administration bodies, because, according to Max Weber, “no one wants to be governed by undereducated upstarts”¹.
   This textbook is based on author training courses, which the author has read for 16 years in Russian Presidential Academy of Public Service, later (after reorganization) at faculty “International Institute of Public Service and Administration” and then in the Institute of Public Service and Administration of Russian Presidential Academy of National Economy and Public Administration, it is designed in accordance with the author (co-authored) programme designed in 2023.
   This edition is based on many years of monitoring and analysis carried out by the author, of the phenomena, stable processes and regularities detected in the sphere of public administration — in Russian and in several other countries of the world (France, Spain, Canada, Switzerland, the USA, etc.) in a number of sectors (education, sports, health care, science, culture, family policy, minors’ morals protection and moral education, inter-ethnic relationship, government/religious relationship, migration sector, demography sector, etc.)
   The level of material presentation is advanced. The modality of material presentation used presupposes massive involvement of citations and references¹ ².
   Previous advances made by the author into public administration de-viantology subject horizon have been highly esteemed by Russian jurists and representatives of other fields of science, have provoked a debate of independent academic interest. The author of this issue hopes that the above mentioned debate will be continued further.
   As a result of mastering the course of “Theory and mechanisms of modern public administration” as a part of degree programme 38.04.04 “Public and Municipal Administration” (Master’s degree) and as a part of Master of Public Administration programmes (in part of material presented in this issue) it is expected that the students should achieve the following results:
   to know:
   —      the principles and methods of unusual situations diagnostics for the purpose of detecting and evaluating significant problems and factors influencing them;

¹ Weber M. Gesammelte Politische Schriften Stuttgart: UTB, 1988. S. 312.

² See justification of this approach: Ponkin I.V., Redkina A.I. Citation as the means of scientific research support and resourcing. Moscow: INFRA-M, 2019. 86 p. P. 40-41.

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   —      the principles, instruments and algorithms of decision making in unusual and critical situations;
   —      possible consequenses of faulty or other defective administration decisions for citizens, state and society;
   —      concept-category apparatus of the theory of public administration deviantology;
   —      the peculiarities of public authority bodies proper functioning in crisis conditions;
   —      the main possibilities provided by artificial intelligence technologies, neurotechnologies, and other cutting-edge technologies for detection and diagnostics of problems and disadvantages of public administration;
   to be able to:
   —      to diagnose and analyze social-economic, organizational, legal and other problems of public administration sector;
   —      to diagnose and analyze risks and uncertainties of public administration;
   —      to use their knowledge for evaluation of modern factors reducing the efficiency of public administration;
   —     to perform academic research work on the corresponding issues;
   —      to plan professional activity efficiently and to evaluate the efficiency of professional activity planning in negative conditions;
   —      to use the methods of anti-crisis diagnostics and prediction for preparation and implementation of administrative decision;
   —     to use the main theories and technologies of team management;
   to have a command of:
   —      the skills of choosing and implementation of decision making and decision actualization tools for a certain unusual situation;
   —      the skills of overview and analytic research preparation on relevant issues;
   —      the methodology and technologies of efficient planning and organization of professional activity in negative conditions;
   —      the skills of critical analysis and assessment of administrative situation allowing making further professionally reasoned decisions;
   —      the skills of making organizational-administrative decisions to achieve maximal results in professional field;
   —      the procedures of analyzing risks, uncertainties, factors and preconditions influencing organizational-administrative decisions-making.

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