Education policy in the field of legal studies: the constraints of development of capable of policy design

Level of governmental knowledge

Speaking about the level of governmental knowledge, we should say that Russian universities that have research capacity generally become more competitive at the global market.

For example, in 2011, Moscow State University was at 77 place and Saint Petersburg State University was in the range 301-400 in the Academic Ranking of World Universities. In 2011, Moscow State University was at 112 place, Saint-Petersburg State University was at 251 place, Novosibirsk State University was at 389 place, Tomsk State University was in the range 451-500, State University Higher School of Economics was in the range 451-500 according to the QS World University ranking. In addition, in 2011, Moscow State University was in the range 276-300, Saint-Petersburg State University was in the range 351-400 in The Times: world university ranking. Nevertheless, no one Russian university was in QS World University Rankings by subject «Law» ("QS World University Rankings by Subject 2016 - Law", 2016). In 2012, Russian President Vladimir Putin signed a decree «On measures for implementation of the state policy in the sphere of education and science». The decree assumes the entry by 2020 of at least five Russian universities in the first hundred of the world's leading universities according to the world ranking of universities. According to some opinions, universities can not be in the rankings because of the low citation of Russian scientists abroad. The second obstacle for the Russian education to international rankings is the lack of foreign professors in the state universities. Another important point is accreditation of educational programs and the presence of foreign students ("Объективен ли мировой рейтинг вузов?", 2016).Nevertheless, universities that have a bulk of knowledge, other centers were created for improvement of legal education.In addition, some civil society organizations that were favourable for government interests had some influence, or at least input in policy process. Thus, in 2005, the Public Chamber under the Russian President was reorganized into the Civic Chamber. As we have already mentioned there was the Youth Union of Russian Lawyers that was close to the government, but this organization was worried about the legal education. Moreover, there were set up other organization with orientation towards legal education. In 2005, there was created the Russian Lawyers Association that united practitioners, scientists and young lawyers. One of the directions of the work of Russian Lawyers Association is to improve the quality of legal education, including through public accreditation of higher educational institutions of the legal profile ("Ассоциация юристов России", n.d.). Moreover, in May 2009, the European University at St. Petersburg, established the Institute for the Rule of Law. In 2015, the Institute prepared an analytical review «Legal education in Russia: analysis of quantitative data». The text presents the findings of studies of higher education institutions that are involved in training lawyers. From this overview, it is possible to see how many people get law degrees each year in Russia, what form of legal education is most in demand among citizens, as well as how higher education institutions adapt to the demands of the market ("Институт проблем правоприменения", 2015).In 2000, there was founded the Russian Union of Lawyers by the Russian Academy of Legal Sciences, Youth Union of Lawyers of Russia, Association of Lawyers of St. Petersburg and Leningrad region, Ural Interregional Bar Association, representatives of Russian regional and interregional public associations, government legal leaders, advocate and notary communities. In its activities union works closely with the legislative, executive and judicial powers of the state ("Российский союз юристов", n.d.).Moreover, since 2002, The European Law Students' Association started to work at the territory of Russia. The main aim of the organization is to enable students from different countries to participate in international conferences, seminars, and receive information about other legal systems, to promote legal education and the creation of contacts among law students and young lawyers in Europe.

We see that there are a lot of organizations that have aspiration to work at the improvement of the level of legal education, however, state has its strong position and do not seek advices. The real support from the state got only organizations that reflect the interests and position of the state.Nevertheless, we see the lack of knowledge in the legal studies, because state unwilling to collect data about the real situation and ways to change it.

For the development of Federal State Educational Standards, the Ministry of Education and Science created special state-civil bodies, called the Educational and Methodical Unions. The Educational and Methodical Union that is responsible for the legal studies does not have appropriate information at the web-page, there are no reports, no current or planning events. From this we can say, the system shows itself to be non-transparent.

In addition, the studies concerning the improvement of situation in the legal education should be very extensive, they should concern not only the education process, but also there should be the knowledge over the situation at the legal labor market. However, the Minister of Education, Livanov says «…one year ago [2015], it was first time, when we conducted the monitoring of graduate employment of our higher education establishments, it concerned everybody without exception , whoо graduated in 2014, it is more than one million 200 thousands of people… »(Livanov, 2016). Thus, we see that system of monitoring and cooperation with the Ministry of Labor did not function before, what tells about insufficient knowledge in terms of employment. Moreover the Minister tells that «… there is a specificity of educational programs. More than half of the student that did not find job during one year is graduates of economical and legal fields of preparation…». We see that there are real problems in the field of legal studies. Probably, students do not want to work in state bodies because of the low salaries, but their competences do not correspond for the work in private companies, especially international ones. The Minister suggests that the problem is not in competences, but in labor market that do not demand layers. He says «In 2017, the number of budget places in economics and legal fields will be reduced by 30%...», from this we can conclude, that according to the government lawyers can not find job, because there are too much of them, not because they are not enough qualified.However, we should also mention the development of research and analytical centers. We were speaking about VTsIOM, in 1992 at its background, was set up the Fund «Public Opinion» (FOM), in 2003, - Levada-Center. There could be found many others research and analytical Russian centers. However, the most successful are those that have connections with state. Thus, we can say that the level of governmental knowledge has risen significantly, however paying attention at non-instrumental knowledge, we can say that government does not use all available information recourses and potential recourses. With regard to current scientific works devoted to the issues of legal regulation of higher legal education, it is worth to mention, firstly, they are very few in number; Secondly, they are quite fragmentary and relates only to certain aspects of this complex problem; Thirdly, analysis of the issues of higher legal education is often limited to emotional assessments (Denisova, 2012).

Policy capacity

Analytical capacity (see table 14) could be seen trough the development of new structure in the Ministry of Education and Science. The body includes departments that are aimed at more analytical work and strategic planning.

· Department of the State Policy in the Sphere of General Education;

· International Department;

· Legal Department;

· Department of the State Policy in the Sphere of Education of Children and the Youth;

· Department of the State Policy in the Sphere of Children's Rights Protection;

· Department of the State Policy in the Sphere of Training of Workers and CPE;

· Department of the State Policy in the Sphere of Higher Education;

· Department of Attestation of Scientific and Research and Teaching Personnel;

· Department of Science and Technology;

· Department of Finance, Organization of Budgeting, Methodology and Economy of Science and Education;

· Department of Strategy, Analysis and Prognosis;

· Department of Accounting;

· Department of Information Policy;

· Department of Program Management and Tendering Procedures;

· Department of Control over the Network of Subordinate Organizations;

We see that departments are separated according to quite narrow fields of policy that helps to encompass the problem with all its small weaknesses. For us, very important to pay attention at the Department of Strategy, Analysis and Prognosis, it shows that analytical capacity at the individual level is going to be improved, because of quality of personnel working there. The officials that graduated in Russia, but not in Soviet Union, have non-ideology approach to understanding and analysing problem.

Technical capacity at the analytical-organizational level is going to be improved in comparison with 90-es and Soviet times. The widespread of hardware, software and especially the access to internet opened new opportunities for collection and processing data Knowledge system capacity also shows some improvements, the education index is slowly growing, but the last years we can observe the stagnation. (see graphic 3). In comparison with other countries, Russia is not at very favourable position unlike in Soviet times (see graphic 4).Moreover, we can find some Russian universities in world university rankings, as it was described above. As we also discussed, there were opened different analytical centres such as VTsIOM, the Fund «Public Opinion» (FOM), Levada-Center.



Graphic 3 Education index in Russia.

Graphic 4 Education index in 2000, 2008 and 2013.

Managerial capacity was improved because the majority of officials graduated already in Russia, thus they received education that more correspond Russian reality and has connections with globalization process. However, as legal courses, management disciplines are characterized, predominantly, by the theoretical, not practical approach. Thus, managerial capacity is still not sufficient. About the administrative capacity, we can say it characterized by the process of reorganization and not so much active as in 90-es. In 2004, the state body with new name was created, it was the Ministry of Education and Science, which is a federal executive body that creates public policy and legal regulation in the sphere of education and science and approves the educational standards of higher professional education.Moreover, the Edict of the President of the Russian Federation (2004) «On the system and structure of federal bodies of executive power» created the Federal Service for Supervision in the Sphere of Education and Science (Rosobrnadzor), which is the federal body of executive branch. It is responsible for the supervision and control over implementation of legislation in the field of education and science; supervision of organizations that provide educational services; control over the quality and completeness of educational services.In addition, there was functioning the Federal Agency for Education from 2004 to 2010, it was abolished and its functions were transferred to the Ministry of Education and Science.Thus, the level of communication and cooperation between agencies has improved, because the organizations do not undergo so intensive reorganization as it was in 90-es, but it still needs additional impulse for better functioning and coordination. Governance capacity tells us how is happening the coordination of governmental and non-governmental attempts to tackle particular complex problems. It is interesting that Russian state wants to show that it cooperates with different non-governmental social organizations resolving collective issues. Thus, there were opened the Civic Chamber that represents society but very close by its activity to the government. Moreover, there were set up other organization with orientation towards legal education, it is the Russian Lawyers Association that also very close to the government. The state makes attempt to include non-governmental organizations to policy process, however we see the organizations that are included in this process, have special loyalty to the state regime. Thus, the state control not only parts of so called civil society, but also state have control over business, the media and the political process.Political acumen capacity deals with the individual level. As it was in Soviet Union, people has ideological mood and approach towards understanding problems and policy process. In Russia, works the process of politicization. Officials working in the state bodies should support the political party that has real power in the country. It is not so necessary to be a member of party as it was in Soviet times, but the support of the state political course is very favorable. From this point of view, we can move to the political recourse capacity.The Russian state supports the inclusion of civil society in the policy process, but at the special state condition, when state control the civil society itself. Thus, in 2012, there was adopted the Russian foreign agent law, according which non-governmental organization have to register as foreign agents if they receive foreign funding and are engaged in political activity. The thing is that «the definition of political activity under the law is so broad and vague that it can extend to all aspects of advocacy and human rights work» ("Russia: Government against Rights Groups", 2016).Thus, the real level of public participation is very low, however, in 2015, 72% of population supported the Russian president. The percent is very high, thus we can not doubt that the government has legitimation capacity.

Table 14 Policy capacity in 2000-es in Russia.

Level Dimension	INDIVIDUAL	ORGANIZATIONAL	SYSTEMIC
Analytical	Analytical Capacity ^ More developed analytical skills and techniques, knowledge of forecasting and strategic planning.	Technical Capacity ^ э The widespread of hardware, software and especially the access to internet opened new opportunities for collection and processing data.	Knowledge System Capacity ^Some Russian universities in world university rankings. There were opened different analytical centres such as VTsIOM, the Fund «Public Opinion» that could be a part of policy advisory systems, however they have close relationships with state.
Managerial	Managerial Capacity ^ эIt is improved as the majority of officials received education that has connections with globalization. However, the studies of officials are theoretical, they have to obtain competences at the work place. Thus, managerial capacity is still not sufficient.	Administrative Capacity ^ эLevels of Intra- and inter-agency communication, cooperation and coordination are improved. But there is room for further improvement.	Governance Capacity v State controls civil society, business, the media and the political process.
Political	Political Acumenэ Capacity ^ There is understanding of the needs and positions of different stakeholders, state officials prefer support state political course.	Political Resource Capacity vNo real access to key policy-makers from the side of civil society that do not support the state political course.	Legitimation Capacity ^ Level of public participation in policy process is low; however the public trust is high. Presence of rule of law, but the law could be very disputable. Low level of transparency.

This period of time, is characterized by the change of policy process in non-democratic way, policy intention became more instrumental because of the participation of the country in globalization process, the evidence of that is the inclusion into the Bologna process, but at the same time, they are still politically driven. The level of governmental knowledge and policy capacity rises but the politicization and the desire of state to control as much fields of life as possible, including civil society activity impacts badly at their level.

Conclusions

After analysis of existing constraints of education policy in legal field during three stages in Russia, we can observe the dynamic of education policy in legal field within the policy formulation spaces. There are four main policy formulation spaces that depend on governmental intentions and level of government knowledge. Government intentions imply instrumental or non-instrumental approach to policy making and policy-driven or driven by other logics goals that could be politics, ideology or religion. In its turn, the level of government knowledge is influenced by policy capacity, economical context, political context, and ideology context and policy legacy. However, we suggest that policy processes could move not only between main four policy formulation spaces, but also within each separate policy formulation space. For better understanding of this idea we add arrows to Howlett table that reflect growth or decline of each indicator within each space (see Table 15).As we could observe, during Soviet times, government intentions, level of governmental knowledge and policy capacity in terms of legal education were under the influence of ideology that is why, the policy process could be placed at the lowest point within poor political non-design space in comparison with other policy processes. Speaking about education policy in legal field in 90-es, we can observe significant growth of all parameters, however, their level is still low and needs significant boost, thus policy process can not overcome the border of the other policy space. It would had opportunity to move into capable or policy spaces, however, what we see in 2000-es is the politicization of governmental intentions and restrain in policy capacity because of political reasons, moreover we see the block of level of knowledge because of the lack of democracy in policy-making process. Moreover, there could be found an influence of policy legacy at the policy process. However, all parameters rise in comparison with Soviet times and 90-es, but the difference in 90-es and 2000 years is not very big, in particular it concerns intentions that rise a little only because of the globalization, the politicization is a blocking factor. Because of that point, policy process changes its direction towards capable political non-design space.For better understanding, we move from the table that suggested Howlett to the graphic with axis that shows better how policy process are located in relation to other policy formulation space and what direction they move (see graphic). The circle 1 means Soviet policy process, 2 - Russian policy process in 90-es and 3- Russian policy process in 2000-es.



Table 15 Types of policy formulation spaces: Situating design and non-design processes and outcomes.

		Level of Government Knowledge and Other Constraints
		High	Low
Government Formulation Intention	More Instrumental	Capable Policy Design Space Relatively unconstrained formulation via design is possible	Poor Policy Design Space Only partially informed or restricted design is possible
	Less Instrumental	Capable Political Non-Design Space Relatively unconstrained non-design processes are possible	Poor Political Non-Design Space Only poorly informed non-design is possible



Conclusions

There are different constraints that affect parameters «the government intentions», «the level of government knowledge» and «policy capacity».Thus, policy legacy impacts governmental intentions, it is seen because of approach towards understanding the role of lawyer in Russian society. The lawyer is seen as a part of state apparatus, what comes from the Soviet legacy. That times, this understanding was stipulated by the ideology approach, and the lawyer was perceived a builder of communism, for this purpose the legal studies were full of communist ideological courses.The approach that lawyer is a part of the state is named traditional in modern literature and the role of lawyer is highly discussed because of introduction of competence-based model of education that undermines this so called traditional understanding. Despite the introduction of new model of education, study plans and Federal State Educational Standards are still oriented towards a lawyer-state servant.After the dissolution of the Soviet Union and disappearance of communist state ideology together with the only one state party, Russian government started to act differently, however, the interests of state remain more preferential than interests of society, thus politicization of intentions could be named as a next constrain. It is seen, because state chooses to produce lawyers that would be suitable for the work in Russian state bodies. Or the Russian legal education can be depended on the ways of Russian economical integration. Thus, there were opened study programs that assist working with WTO or Eurasian Economic Union bodies or helps cooperation with China. However, the Russian legal education is very theoretical. Russian government do not consider society interests and needs, it do not think that society needs lawyers with practical skills that would be able to give expert advice by explaining difficult legal terminology to laypeople in simple language. However, it consider that all lawyers should be able to create legal norms.As next constrain at governmental intention we can name not enough instrumental approach to policy making. In order to control the level of education, in particular, legal education state introduced such instruments as licensing, accreditation, attestation. Certainly, they had positive impact on the quality за education, however, that could not work properly because of corruption and non-transparency. In this connection, we can name the presence of corruption and lack of transparency as one more policy constrain. Speaking about legal instruments, existing legal instruments do not have systemic approach. For example, there is such constrain as lack of interaction between federal and regional governments. Because there is no coordination of federal laws and laws adopted by the subjects of the Russian Federation, the education policy legal instruments suffers from the lack of consistency. Moving to policy capacity and the level of government knowledge, we see that the main constrain here is the lack of participation of civil society and non-governmental organizations in policy process. It reduces knowledge system capacity as objective analytical and research centers can not provide data that would be used in policy process. Governance capacity suffers, because non-governmental organization can not influence the addressing collective problems. This is happening because Russian state controls civil society, business, media and political process. Thus, this constrain influence political resource capacity and legitimation capacity because real civil society organizations can not bring its contribution to the policy process.The level of governmental knowledge has other constrain that could be named as lack of openness to global changes and innovations. Many professors want to preserve their traditional methods of teaching, because they were very effective many years ago. Even if government introduces some innovation, it could be not implemented properly because some people with traditional view can oppose it.Onу more constrain influence educational policy is the indifferent perception of education on the side of students as a reason for this we can name a policy legacy. In Europe, education process is perceived more as educational individually motivated process aimed the receiving of competences that will become the background for professional career and following career development, and as a result will lead to self-realization. In Russian tradition, state guarantees education from pre-school level to tertiary education. Thus, the majority of students is indifferent to the value of education and perceives it as prescription. Therefore our work shows that Russian education policy in legal field has particular constraints for development of policy capable design.



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