The legal status of advisory councils in China and the Republic of Korea in the context of building a civil society
This article presents the actual problem of building civil society in the People's Republic of China and the Republic of Korea in the context of the functioning of advisory (public, socio-economic) councils (chambers). The author examines their status, purpose, as well as differences from the existing Public Chamber in the Russian Federation. The main normative legal acts regulating the activities of these advisory bodies (the Law of the Republic of Korea "On the Committee on Social Affairs and Labor", the Regulation on the Economic and Social Council of China) and the stages of their formation are analyzed. Some reasons for the effectiveness of these councils are given. The author emphasizes the need for the scientific community to study and integrate positive foreign experience into Russian legislation in order to introduce civil society institutions into the political and legal reality.
Keywords: civil society, advisory councils, People's Republic of China, Republic of Korea, Public Chamber of the Russian Federation.
In the difficult conditions of the pandemic and universal restrictive measures, the issue of the effective functioning of civil society institutions is extremely relevant. Civil society can be represented as a certain sphere of public relations, primarily "property, market, family, moral, which should be in a certain independence from the state" <1>. That is why civil education means private, civil education, where, in addition to the institutions established by law, there is a special area of relations beyond the control of the state. The development of its institutions is a defining "characteristic of the rule of law, indicates the initiative of society in various spheres of its manifestation: social, political, cultural and environmental" <2>.
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<1> Matuzov N.I. Political science for lawyers: A course of lectures. Moscow: Yurist, 1999. p. 328.
<2> Prikhodko T.V. Environmental safety and civil society // Development of Russian society. Irkutsk: Publishing House of BSU, 2021. p. 518.
Civil society can function effectively only in cooperation with the State. The manifestations of such interaction are diverse. In this paper, the author analyzes the consultative form.
The consultative form of interaction between civil society and the state consists in the work of special advisory bodies: public (socio-economic) councils (chambers), whose main purpose is to harmonize the interests of society and the state. Such bodies exist in most States with a democratic political regime. In Russia, it is primarily the Public Chamber of the Russian Federation, in China - the Economic and Social Council, in the Republic of Korea - the Commission for Economic and Social Development.
Over the past 40 years, the People's Republic of China has demonstrated high rates of economic development, which has allowed it to become a developed industrial, space, and nuclear power. There is no doubt that in the XXI century. China has become a world leader along with the United States. Accordingly, "China's influence will only increase over time, and the policy of "soft power" aimed at both preserving cultural heritage and popularizing Chinese culture in the world will play a significant role" <3>. Accordingly, "Chinese values are transmitted not so much by the forces of the state as by the forces of civil society" <4>.
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<3> Rozhkova A.K. Approaches to understanding intangible cultural heritage in Russia and China: issues of legal regulation of cultural security // Legal means of ensuring the national security of the Russian Federation: history and modernity. Irkutsk: Publishing House of BSU, 2020. p. 97.
<4> Zaitsev A.V. Civil society and democracy in China // The world of Russian-speaking countries. 2020. N 1(3). p. 37.
Only in the XX century. China, having experienced the influence of Western civilization, demonstrates the activity of creating non-governmental organizations that are relatively independent of the government. Since 2012, the leadership of the state has been proclaiming the establishment of a socialist consultative democracy in the People's Republic of China. Professor Liu Yan believes that "the main difference between a deliberative democracy and an aggregative one lies in the mechanism of creating and adopting draft political decisions: if a draft decision is created during the discussion of citizens, we are talking about deliberation; in cases where the project is formed by the authorities and submitted ready-made for discussion by citizens, an aggregative mechanism is used" <5>.
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<5> Yan L. Political Advisory Council in the political system of China: Abstract of the thesis ... candidate of Political Sciences. sciences'. Kazan, 2021. p. 7.
It is noteworthy that civil society appeared in China on a directive basis, i.e. by decision of the highest authorities. Therefore, it is not necessary to talk about the autonomy of its institutions at the moment.
An illustrative example of such an institution is the Economic and Social Council of China - the Chinese Economic and Social Council <6>, literally). He is a member of the National Association for Integrated Research on Economic and Social Problems, a central analytical center, as well as a member of the Board of the International Association of Economic and Social Councils and similar organizations.
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<6> On the Economic and Social Council of the People's Republic of China: CESC Regulations // Official website of CESC.
The Chinese Economic and Social Council (CEC) was established in July 2001 with the aim of democratizing Chinese society (under the leadership of the Communist Party), uniting society, and developing international cooperation on building civil society. The Regulation on the Economic and Social Council of China (international abbreviation - CESC) regulates the status and activities of CASS. CASS is a "national, professional, non-profit public organization consisting of public associations, research institutes, organizations, institutions and individuals" <7>. The Regulation emphasizes that the Council, having a lofty goal (the victory of the great Chinese socialism and Marxism-Leninism, the ideas of Mao Zedong, the theories of Deng Xiaoping and Xi Jinping), plays an important role in building a policy of support, rallying civil society and establishing consensus in China, as well as in establishing international relations for further cooperation in in this area.
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<7> In the same place.
The Economic and Social Council of the People's Republic of China:
1) "organizes and participates in research, forums, seminars, consultations and other events related to the goals of its creation;
2) participates in the activities of the International Association of Economic and Social Councils and similar organizations;
3) in accordance with the Regulations, publishes and distributes the journal "Chinese Economic and Social Forum" <8>.
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<8> In the same place.
The Council consists of public organizations, research institutes, enterprises and institutions of the economic and social sphere registered in the territory of the People's Republic of China. The governing body of the Council includes experts and scientists in the field of economics and social sphere, as well as organizers and heads of relevant departments at enterprises.
The supreme body of the CASS is the Plenary Meeting of the Council, which is convened by the Chairman or Vice-Chairman and can be held in the presence of more than two thirds of the Council members, and its decisions come into force if more than half of the Council members voted for them. The plenary meetings of the Council are convened at least once a year.
Sources of financing of the Council, according to Article 28 of the Regulation, "contributions, donations, state subsidies, income from activities and services within the framework of approved activities, interest, other legitimate income" <9>. These funds of the Council should be used only for its development, provided for by the Charter of the Council, and cannot be distributed or transferred to someone else's management. A strict financial management system has been established, which guarantees the legality, reliability, accuracy and completeness of accounting information.
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<9> In the same place.
In general, the Chinese Advisory Council is positioned as an important institution for cooperation and political consultations, a channel for socialist consultative democracy.
The fundamental difference between the Chinese Council and the Public Chamber of Russia lies in the fact that in the PRC the Council is a professional, non-profit public organization consisting of public associations, research institutes, organizations, institutions and individuals, and in the Russian Federation the Public Chamber is an advisory body that ensures "interaction of citizens of Russia, public associations, professional unions" <10> with state authorities. Therefore, "expenses related to the activities of the Public Chamber are provided for in a separate line in the federal budget for the corresponding year" <11>, and in China the Council is looking for funds for its own maintenance. But the main difference is the amount of authority. In China, the powers are exclusively related to scientific activities, internal organizational activities and international cooperation on building a civil society. According to the author, it is incorrect to say that this is an effective institution of Chinese civil society.
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<10> Federal Law No. 32-FZ of April 4, 2005 (as amended on 06/11/2021) "On the Public Chamber of the Russian Federation" // Federal Law of the Russian Federation. 2005. N 15. St. 1277.
<11> Ibid.
In the Republic of Korea, in April 1990, at the suggestion of the Federation of Korean Trade Unions, the National Economic and Social Council (NEiSS) was established as the primary body of tripartism (tripartism is "a type of social partnership in which a compromise is reached between three parties: trade unions, employers and the government" <12>). The Council held two discussion forums to achieve social consensus in March 1991 and February 1992, both of which were organized by the President of the Republic of Korea. However, the Council did not receive sufficient public support because the Government did not participate in social dialogue, in addition, many trade union representatives were distrustful of the NEiSS, believing that the government would use the Council as a political means of controlling wage calculation methods. In such circumstances, the activities of NEiSS ceased.
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<12> Delegioz E.G. Tripartism - the policy of active partnership // Socio-economic and humanitarian Journal of the Krasnoyarsk State University. 2018. N 2(8). P. 69.
In an attempt to overcome the national economic crisis through trilateral cooperation, the Korean Trilateral Commission was established in January 1998. The Commission has made a significant contribution to the economic recovery of this country, in particular by concluding a "Social agreement to overcome the economic crisis", consisting of 90 points on structural reforms in the field of finance, labor and budget law <13>.
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<13> National Economic and Social Council of the Republic of Korea // Official website of the ESDC.
In the early years, the Commission consisted of representatives of the Korean Confederation of Trade Unions (FKTU), the Federation of Korean Industry (FKI), two government ministers (Minister of Finance and Economy and Minister of Labor) and four representatives of political parties. Compared to the NEiSS, the Trilateral Commission is a much more productive social counseling body, especially in terms of full representation of interests.
"Currently, the Commission for Economic and Social Development (ESDC) plays a key role in social dialogue efforts in Korea, bringing together representatives of workers (FKTU), employers (KEF) and the government represented by the Ministry of Economy, the Ministry of Finance, representatives of non-profit and scientific organizations" <14>.
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<14> Law of the Republic of Korea dated June 12, 2018 No. 15663 "On the Committee on Social Affairs and Labor" // Official website of the Committee on Social Affairs and Labor.
ESDC is a social advisory body in which stakeholders have the opportunity to exchange views, interact with each other, as well as participate in the processes of reviewing labor relations legislation and developing public policies related to the labor market and social security of citizens of the Republic of Korea.
In addition to the ESDC, there are quadripartite partnership bodies for social dialogue at the national level, in which the Government, employers, employees and citizens conduct social dialogue at the local level.
Korea is often called a model example of social dialogue in the Asian region. Indeed, trilateral delegations from more than a dozen Asian countries, including the Philippines, Mongolia, India, Indonesia, Malaysia, Vietnam and Thailand, visit ESDC annually to learn from the Korean experience in the field of socio-economic cooperation.
Accordingly, the ESDC is an advisory body to the President of Korea on labor policy issues and at the same time an independent body of trilateral political consultations. Its main function is to discuss not only labor policy aimed at ensuring job stability and improving working conditions, but also industrial, economic and social policies that affect the sphere of labor relations. As you can see, the Commission for Economic and Social Development of the Republic of Korea is a highly specialized advisory body created with the aim of building an effective dialogue in the labor sphere. It differs from the Public Chamber in its narrow specialization and the fact that the Commission is created under the executive branch of government.
The Public Chamber of the Russian Federation, unlike the Commission for Economic Development and Labor of the Republic of Korea, in the author's opinion, inefficiently performs the powers assigned to it to carry out public examination of draft laws and public control. The objective reason for the low efficiency of the Public Chamber of the Russian Federation and the Economic and Social Council of the People's Republic of China is the lack of their autonomy, the subjective reason is the underdevelopment of civil society in general and the disinterest of citizens in its construction in particular. "Ignoring, trampling, outright violation of individual rights and freedoms takes place not only in Russia, but when most of our citizens become indifferent to this problem, it will be impossible to realize their rights and freedoms, despite their legislative consolidation" <15>.
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<15> Rozhkova A.K. Mentality and the level of respect for individual rights in the Russian Federation: problems and prospects // Terrorism and human rights: hybrid threats, new challenges, and a counteraction system. Penza, 2020. p. 144.
Thus, having considered the experience of the People's Republic of China and the Republic of Korea in the field of building a productive dialogue between government authorities and civil society institutions, the author states that the process of creating advisory councils in Asian countries is currently gaining momentum. Countries (China, Kazakhstan, Vietnam, Laos, Thailand) are not only actively adopting the European experience in their creation, but also cultivating their own tradition of building interaction between civil society and the state.
The sustainable functioning of a modern democratic State is unthinkable without the development of such institutions of civic participation as advisory public councils. At the same time, the practice of organizing these councils created by the State or local governments has revealed a number of shortcomings. First of all, this is a significant dependence of councils on authorities and officials, often superficial consideration of issues on the agenda, etc.
