The concept of "management" in administrative law
The concept of "administration" comes from the Latin word "management".
Control- actions of an administrative nature aimed at the functioning of a complex organized systems designed to ensure their safety, to support the regime of activity.
Allocate the object, subject and content of management.
Control object – various systems and their components (people, phenomena, events, etc.).
The subjects of management are always people. Allocate two groups of control subjects:
- sole proprietors;
- collegiate (groups of people).
There are three types of management: technical, biological, social:
1) technical - control of objects based on technical rules (physical, mathematical), for example, control of machine tools, complex machines, etc.;
2) biological - management of biological processes, taking into account the laws of nature, the patterns of development of certain organisms (poultry farming, breeding, animal husbandry, etc.);
3) social - management of people. In this case, both groups of people (work collective, students, etc.) and individuals can act as the object of control. The most complex in its structure is government, which in a broad sense is an association of groups of people ( labor collectives, public associations, nations, etc.). It is social management that is the main component in the content of management as a whole. Features social management are:
a) an object is always a person or a group of people;
b) relations arising in the course of social management are of an organized, legal nature;
c) social management has a power-volitional character, i.e., it is carried out on the basis of the priority of the will of the subjects of management, securing special rights for them;
d) a special subject of management - authorities or other authorized person.
Control types:
- state;
- collective - regulation at the level of the team;
- family.
Public administration is a type of social administration, the functioning of which is associated with the formation of a special branch of law - administrative law. The main sphere of application of the norms of administrative law is precisely public administration.
Public administration is the organizing influence of the entire state apparatus on an extremely wide range of social relations by all means available to the state.
RELATIONSHIP OF ADMINISTRATIVE LAW WITH OTHER BRANCHES OF LAW
Most close relationship with constitutional law, which regulates the main social relations that are developing in the sphere of state structure, the organization of types of state power, the procedure for the formation and organization of the activities of the executive authorities of the Russian Federation.
Relationship with municipal law. Organs local government are not part of the government system. Their activity can be an object of administrative law if they are endowed by law with separate state powers. Under local governments, there are many different administrative commissions authorized to consider and resolve cases of administrative offenses.
Connection with the discipline "Law enforcement and law enforcement." Many executive authorities and state administration carry out law enforcement as their main (subjective) functions, the status of law enforcement agencies is determined by administrative norms.
Communication with financial, tax and customs law. Administrative law determines the competence of the subjects of these industries, regulates the organization of their activities, and also regulates the administrative procedural procedure for considering cases and bringing to administrative responsibility.
connection with land law, the norms of which govern relations between land users and the state. However, the executive authorities land rent, withdraw them, control their rational use.
with labor law there is also a connection in the field of regulation by the norms of administrative law official duties and rights officials, passing a special public service (defense, internal affairs, security service, etc.).
Relationship with civil law on the issues of regulation of property relations by the executive authorities, government bodies, their officials is also carried out by the method of power - subordination.
Connection with criminal law carried out according to the qualification of the composition of the administrative offense, according to the degree of public danger of the act; if criminal liability is not provided for, then within two months the issue of bringing the offender to administrative punishment is resolved.
Communication with criminal procedure, civil procedure law and judicial legislation. The main difference is in the procedure for using the functions of administrative power, i.e., there is an extrajudicial nature of their implementation by executive authorities, their officials (jurisdictional powers) to consider and resolve administrative disputes and cases of administrative offenses.
Available connection with such branches of law as air, maritime, forestry, environmental, mining, customs, etc. Relations in them are regulated by various branches of law, including administrative norms.
The system of executive power of a subject of the Federation is understood as a set of bodies of a subject of the Federation exercising state executive power, their subordination, means of their interaction with other state authorities and local governments.
Into a single system of executive power of the subject Russian Federation include:
a) the head of the executive power of the subject of the Federation - the president of the republic, the head of the administration, the governor, etc.;
b) an executive body of state power of general competence (government or administration);
c) executive bodies of state power of special competence (sectoral and intersectoral);
d) territorial bodies of state executive power of general competence, operating within the boundaries of administrative-territorial formations (cities and districts of republican or regional subordination, etc.) or on the territory of administrative (administrative) districts;
e) territorial bodies of state executive power of special competence, which are structural subdivisions of bodies of general competence or sectoral (intersectoral) bodies of a constituent entity of the Federation In most republics, the executive power is headed by the president, in Karelia - Prime Minister, popularly elected and unilaterally leading the executive authorities, and in the Republic of Dagestan - State Council, which is a collegial body and formed by the Constitutional Assembly of the Republic of Dagestan.
The status of the head of the executive branch is characterized by considerable diversity. The following options for determining the legal status of the President of the Republic are distinguished:
a) the president of the republic is the head of the republic and its highest official (Republic of Bashkortostan, Republic of Ingushetia). The constitutions of these republics do not contain an indication that the president is part of the executive branch or heads the executive branch;
b) the president of the republic is the head of state, the highest official and heads the system of executive power of the republic, while the activities of the government are led by its chairman, appointed by the president (the republics of Yakutia, North Ossetia, Tatarstan, Tyva);
c) the president of the republic or the head of the republic is the head of state, the highest official, heads the system of executive power and is the chairman of the government of the republic (Republic of Buryatia, Komi).
The powers of the head of state (head of the republic), which characterize this person as the head of the executive branch, include:
Powers to form the government of the republic;
Powers to form other, including territorial, executive authorities;
Powers for direct management of executive authorities;
Powers to cancel acts of executive authorities and apply disciplinary measures to managers.
The issue of the second official in the system of executive power of the republics, who acts as the head of the executive power during the period when the president (head of the republic) is not able to fulfill his duties, is resolved in different ways. It can be a vice-president (the republics of Ingushetia, Yakutia, Tatarstan, Tyva), a chairman of the government (the republics of Bashkiria, North Ossetia), a deputy prime minister or a deputy head of a republic (the republics of Karelia, Komi). According to Art. 78 of the Constitution of the Republic of Buryatia, the powers of the head of the executive power are temporarily exercised by the Chairman of the People's Khural of the Republic of Buryatia.
The head of executive power in the territories and regions is head of Administration or governor.
His legal status is enshrined in the charter of a subject of the Federation, in laws on the system of state authorities or in special laws on the head of executive power (for example, the Law of the Kaliningrad Region "On the Head of Administration (Governor) of the Kaliningrad Region").
The head of the administration (governor) is the highest official of the subject of the Federation and manages the system of executive authorities of the region (territory) on the principles of unity of command. Legal status the head of the administration (governor) can be differentiated according to the following criteria:
a) the head of the executive branch heads the system of executive bodies, and the body of general competence is headed by another official appointed by the governor (the chairman of the government, the vice-governor, the first deputy head of the administration) - the Sverdlovsk region, the Yaroslavl region, the Moscow region;
b) the head of the executive authority manages the system of executive authorities and heads the government of the region (territory) - the Saratov region, the Kaliningrad region, the Stavropol Territory.
Head of the executive power of the region (territory):
Forms (jointly or in agreement with the legislative body) and in accordance with the management scheme of the subject of the Federation sectoral and territorial executive authorities, appoints and dismisses their leaders;
Approves regulations on sectoral and territorial executive authorities;
Forms, reorganizes and liquidates other state organizations appoints their leaders, approves their charters and regulations;
The right to cancel the acts of subordinate executive authorities of the subject of the Federation;
Publishes legal acts(decrees and orders), binding on the entire territory of the subject of the Federation.
Government (administration) of a subject of the Federation is a collegial executive and administrative body of state power, accountable to the president of the republic (head of the republic) and the legislative and representative body of the republic. The government may have the status of the highest body of executive power.
In the territories and regions, two types of organizational and legal status of the government are distinguished: firstly, the government can be an independent executive body of state power, have its own competence, be organizationally isolated from the head of the executive power (Sverdlovsk region, Yaroslavl region); secondly, the government can be organizationally included in the structure of the administration of a subject of the Federation, and, without having functional and legal independence, exercise part of the competence of the administration. In this case, the first deputy head of the administration (governor) heads the government, and other members of the government are officials of the administration (Krasnodar Territory, Murmansk Region).
Composition and structure of the government of the subject of the Federation are determined by the constitutions, charters of the subject of the Russian Federation and laws on the government, as well as decrees and resolutions of the president and the head of the administration (governor).
The Government consists of the Prime Minister, Deputy Prime Ministers and members of the Government. Deputy Prime Ministers and members of the government, as a rule, are the heads of the relevant sectoral ministries, state committees, departments or territorial executive authorities (in some regions and federal cities). They are appointed by the head of the executive branch with the participation of the legislative and representative bodies of state power.
In most areas, the executive authority of general competence acts administration of the region (territory).
The activities of the administration are managed by the head of the administration on the principles of unity of command. Although in some subjects of the Federation, collegial divisions function as part of the administration. For example, according to Art. 7 of the Law of the Altai Territory "On the Administration of the Altai Territory" in the structure of the administration, an administration council is created - a collegiate body that makes decisions on behalf of the administration on the most important issues in the life of the region.
Administration structure region (territory) is approved by the head of the executive power or, at his suggestion, by the legislative and representative body of state power of the subject of the Federation. The following typical elements of the administration structure stand out;
a) heads of administration - head of administration (governor), first deputy (vice-governor or chairman of the government), deputy heads of administration;
b) the government of the region (territory) - the governing collegiate body created in some subjects of the Federation to resolve the most important issues within the competence of the administration;
c) collegium - an advisory body under the head of the administration, created for the collective consideration of certain issues related to the preparation and implementation of draft plans and programs for the development of the region;
d) structural subdivisions that form the apparatus of the administration and do not have organizational independence - departments, committees and departments;
e) structural subdivisions of special competence that have organizational independence and carry out sectoral and intersectoral public administration - ministries, departments, committees, main departments (departments);
f) territorial structural subdivisions exercising state executive power on the territory of cities, districts and other administrative-territorial entities.
The listed composition of the elements of the administration structure is specified in relation to each subject of the Russian Federation where such a state body exists. At the same time, the system of executive authorities established by the charter or other legislative act is of paramount importance.
It should be borne in mind that the administration in some subjects of the Federation is understood not as a body of general competence, but as a set of bodies that form a system of executive authorities. In accordance with paragraph 3 of Art. 29 of the Charter of the Moscow Region, executive power in the Moscow Region is exercised by the executive authorities of the Moscow Region (Administration of the Moscow Region), which includes the Government of the Moscow Region, sectoral executive authorities of special competence, and territorial executive authorities of the Moscow Region.
Functions and powers assigned to executive authority of general competence, can be subdivided into general and specially-industry. The former include the issuance of resolutions and orders that are obligatory for execution on the territory of the republic; implementation of operational management by lower executive authorities; formation of subordinate bodies and institutions and approval of regulations on them; cancellation or suspension of acts of lower executive authorities; appointment and dismissal of heads of executive authorities and other state organizations.
Special-branch functions and powers are associated with executive activities in various areas of public life: economic, socio-cultural, environmental protection, law enforcement and public security. In these and other areas, the government (administration) pursues state policy, drafts plans and programs for socio-economic development, and manages state property, creates conditions for the activities of state and non-state organizations, takes measures to protect the rights and legitimate interests of citizens and organizations, etc.
Executive authorities of special competence in the republics there are ministries, state committees, committees, departments, and in regions (territories) - ministries, state committees, departments, departments and other bodies that are part of the executive power structure. They act on the basis of provisions approved by the head of the executive branch, the government of a constituent entity of the Federation, or the relevant federal agency.
The structure of bodies of special competence is predetermined, firstly, by the composition and structure of the federal executive bodies and the territorial bodies created by them, secondly, by the status of the subject of the Federation, and thirdly, by the socio-economic development of the subject of the Federation and its financial and budgetary capabilities.
There are several types of bodies of special competence:
They are independent bodies of executive power or structural subdivisions of the government (administration). They are legal entities and act in legal relations on their own behalf. These include bodies exercising executive power in the field of education, healthcare, culture, economics, construction and architecture, sports and tourism, etc. The heads of these bodies are appointed and dismissed by the head of the executive branch or the government. Most of the provisions on these bodies emphasize that they build their relationship with the relevant federal executive bodies on the basis of agreements and implementation guidelines;
Joint subordination, which are part of the system of federal executive bodies and at the same time subordinate to the head of executive power (bodies of internal affairs, finance, justice, state property management, environmental protection, land resources and land management, social protection of the population). Those of them that are not territorial federal bodies are created by the head of the executive branch and are included in the structure of the administration (government).
Some of the sectoral (intersectoral) bodies of special competence have their own territorial bodies in cities and districts. They act on the basis of provisions approved by the head of the relevant executive body of the subject of the Federation, who also appoints the head of the territorial structural unit.
The system of local executive authorities of the subjects of the Federation depends on the administrative-territorial structure of the subject of the Federation and on the territorial basis of local self-government.
The following systems of organization of territorial executive bodies of state power are distinguished. Firstly, there are subjects of the Federation where local executive bodies of state power of general competence have not been created, since in cities and districts of republican (regional) subordination, municipalities and operate local governments. State executive power in cities and districts is exercised only by territorial bodies of special competence (Republic of Karelia, Krasnodar Territory).
Secondly, the administrations of administrative (administrative) districts and prefectures act as local bodies, exercising executive power on the territory of several administrative-territorial units (districts and cities, districts in a city) and being territorial bodies of general competence, directly subordinate to the head of executive power and to the government of the subject of the Federation (Sverdlovsk region, Leningrad region, Moscow). Such territorial bodies are headed by prefects, administrators, and plenipotentiaries appointed by the head of administration (governor), who are ex officio members of the government of a subject of the Federation.
Thirdly, local executive authorities are the administrations of districts, cities and other administrative-territorial entities, which provide for the creation of public authorities. In some subjects of the Federation, local administrations are included in the structure of the regional administration, and their head is appointed by the head of administration (governor) of the region or territory. In others, the district and city administrations are independent bodies of state executive power of general competence, the head of which is elected by the population.
At the same time, it should be taken into account that the Constitutional Court of the Russian Federation, in its decision of January 24, 1997 on the case on the verification of the constitutionality of the Law of the Udmurt Republic "On the system of public authorities in the Udmurt Republic", developed a legal position according to which the subjects of the Federation cannot create executive bodies of the state authorities in territories that do not have the status of administrative-territorial units of republican subordination, directly included in the territory of the subject of the Russian Federation in accordance with its administrative-territorial division*. If the local administration is an independent body of a specific administrative-territorial unit, and not a structural subdivision of a higher (republican) executive body, then its head and his deputies cannot be appointed by higher state authorities, since such an order does not comply with the principles of separation of powers established by the Constitution, delineation subjects of jurisdiction and powers between authorities of different levels. That is, the Constitutional Court of the Russian Federation formulated a provision that local executive bodies enter into a single system of executive power directly, as its independent subjects, building their relations with the higher administration on the same principles on which the relations of the latter with federal government bodies are built.
Nevertheless, the organization of local state executive power in the republics and regions cannot be of the same type, since they have a different structure of the administrative-territorial structure, tasks of a state-administrative nature that are different in scale and volume, and a different level of socio-economic development.
14. Administrative and legal methods are ways to implement the tasks and functions of the executive branch, means of direct influence of executive authorities on managed objects (industries, spheres, governing bodies of various organizations, groups of workers, citizens). These methods show how the state solves problems in the field of management. Management methods are characterized by the fact that they are used by executive authorities to solve specific tasks facing them; applied daily and selectively; are found in the interaction of the subject and the object of management; express the competence of executive authorities to adopt legal acts, as well as to exercise other state powers. This implies an important conclusion that management methods are derived from the political regime of the state.
The methods of purposeful managerial influence of executive authorities (officials) on their objects are very diverse, since not only the subjects, but also the objects of management have their own characteristics regarding their purpose, organizational and legal status. In the sphere of executive power, there are various groups of social relations that require a different approach for their settlement, taking into account the form of ownership, departmental affiliation, etc. It is clear that, for example, in relation to state-owned enterprises, different methods of management are applied than to non-state ones.
Methods of influence, as well as forms of implementation of executive power, are fixed in the legal acts of management. For example, a government decree usually indicates the purpose of its publication and specific ways (methods) of external influence on the control object in order to achieve the goal. In this case, it may be indicated specific types control, accounting, checks, executed documents, material and moral incentives, measures of administrative coercion, etc.
Among the various methods used in the process of exercising executive power, the methods of persuasion and coercion, which are used in any kind of state and public activity, are distinguished first of all.
persuasion method should be the main method of activity of executive authorities, which involves systematic work to convince the masses, the formation of public consciousness of the need for proper behavior of participants in managerial social relations, their strict observance of the rules established by the state. Explanation of the goals of the state, draft laws, government programs, events carried out by the authorities, etc. necessary because they affect the interests of the majority of citizens and should be clear to them. Persuasion also acts as a means of preventing offenses and strengthening state discipline. Among the measures of persuasion are clarification, justification, discussion, suggestion, encouragement, showing positive objects of control, and much more, described and implemented in the concepts and procedures of social psychology and pedagogy.
By the nature of the impact (direct or indirect) on the consciousness and will of people, they differ economic and administrative methods.
Economic - these are methods of indirect influence on the control object. Most often, such economic levers as prices, taxes, interest, bonuses, property benefits, economic sanctions, etc. are used. With their help, the executive authority (official) achieves the desired behavior of the control object, influencing its material (property) interests. Therefore, they are called economic methods of management.
To administrative include methods of direct or non-economic influence on the part of the subjects of control on the conscious-volitional behavior of the controlled. The name of these methods is determined by the fact that they are most typical for executive authorities. The executive authority (official) within its competence takes managerial decision(legal act of management), legally binding for the object of management. The specific content of administrative-legal methods is very diverse: an instruction on the obligatory performance of certain actions; restriction or prohibition of certain actions; resolution of disputes between participants in management relations; the use of other methods aimed at quickly and effectively solving problems that arise in the implementation of public management activities.
Economic and administrative methods of management, despite their differences, are interconnected, and their opposition is unacceptable, since they are used with a single ultimate goal - the implementation of the control action of the subject on the control object. Taking into account the expansion of the operational independence of state enterprises, their denationalization, the task of a reasonable combination of means of control influence comes to the fore.
In the conditions of the former directive-planned economy, the methods of administrative influence were the main ones. As Russia moves towards a market economy, the use of economic methods. But the notion is wrong, according to which in a market economy the mandatory instructions of the executive authorities are generally inappropriate. The market economy should not at all be an element that is not regulated by the state in any way - the forms and methods of such regulation should be changed. Although the implementation of the creative initiative and independence of the governed becomes the main method, this does not exclude the use of the method of mandatory prescriptions. For example, the Decree of the President of February 28, 1995 “On measures to streamline state regulation of prices (tariffs)”* contains an order to allow state regulation prices (tariffs) for products of natural monopolies. On increasing the role of the state in regulation market economy also testify to the normative legal acts adopted in last years, for example, on issues of licensing the activities of individuals and legal entities, management of federal property, stabilization of the consumer market, improvement of the state price (tariff) policy.
15.Concept, subjects, content of administrative supervision
An important role in achieving the goals set for the public administration is played by control over compliance with legal norms, that is, supervision.
It is known that control is an attribute of administrative power, one of its most important functions. It includes monitoring the legality and expediency of activities, evaluating them from the standpoint of legal, scientific, socio-political, organizational and technical. But in many cases, for the sake of ensuring the freedom of citizens, enterprises, organizations, protecting them from excessive state guardianship, the control powers of the subjects of power are limited, legal acts provide them with the opportunity to exercise only supervision. And when there is no organizational subordination between the inspectors and the auditees, the limitation of control to supervision is necessary to prevent interference in the operational activities of subjects that do not responsible for its consequences.
In the context of reducing state interference in the activities of organizations, in the lives of citizens, the transition to a rule of law state, the scope of supervision will increase due to the narrowing of the scope of control. In addition, the scope of supervisory activities is expanding because the role of technical means, a variety of technical rules, monitoring compliance with which is an important condition for ensuring safety.
Supervision is limited, narrowed control. In Russia today there are three types of supervision:
1) judicial;
2) prosecutorial;
3) administrative.
16. Administrative legal regulations classified according to other criteria. So, according to the addressee, norms regulating:
a) the administrative and legal status of citizens;
b) organization and operation of the mechanism of executive power, i.e. various parts of the public administration apparatus;
c) the administrative and legal status of civil servants - employees of the administrative apparatus;
d) key issues of organization and activities state enterprises and institutions;
e) administrative and legal status of public associations;
f) certain aspects of the functioning of various types of commercial structures, including private ones.
Taking into account the federal structure of Russia, administrative and legal norms are classified according to the scope of action. It:
a) general federal norms;
b) the norms of the subjects of the Federation.
According to the volume of regulation, administrative and legal norms are divided into:
a) general, i.e. extending their effect to all spheres and branches of public administration and regulating the most important aspects of the process of implementing executive power. Most often, such norms are contained in legislative acts, decrees of the President and resolutions of the Government of the Russian Federation;
b) intersectoral, i.e. regulating those or other aspects of public administration, which are common or contiguous for all or many branches of public administration and at the same time have a special character. For example, such features are characteristic of the norms of antimonopoly, environmental legislation, the norms contained in the provisions on intersectoral executive bodies (statistics, tariffs), etc.;
c) industry, i.e. regulating certain aspects of managerial relations that arise within the boundaries of the sphere assigned to the executive bodies of sectoral competence (for example, ministries).
There are other classification groups of administrative and legal norms. For example, they can be either intra-system (their legal force extends to lower levels of the mechanism of executive power) or generally binding (their effect extends to all participants in regulated relations) character.
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18. The science of administrative law is a set of theoretical knowledge, provisions, views and ideas about the essence of executive power and public administration, the practice of their implementation, the mechanism of administrative legal regulation, administrative-legal status of subjects of public administration, forms and methods of their activities.
This is the result of the activity of specialists in this field of knowledge, expressed in the study, interpretation and explanation of administrative and legal phenomena and a certain amount of accumulated, meaningful and systematized knowledge about administrative legal relations, administrative law norms, administrative legal institutions, concepts and categories.
The subject of the science of administrative law is the social relations that develop in the process of public administration, the norms of administrative law, the history of their development; explanation, interpretation, development of proposals for improving the legal norms and practice of their application.
In order to organize the very system of these bodies and ensure the legal regimes of their work, i.e., to carry out positive management activities for solving state problems and implementing regulatory legal acts (taking actions to organize the activities of the executive bodies of state power themselves, improve the institution of public service, develop and adoption of normative legal acts);
Public administration is regulated by public (administrative) law, while certain public administration issues are subject to private law (civil law) regulation. Therefore, it is necessary to distinguish between sovereign state administration and administration carried out in private legal forms Oh. These types of management are characterized by different legal forms. If public administration is carried out in the form of public law, then they talk about sovereign (public) administration, implemented by the state itself (its bodies, civil servants) or on its behalf; if management activity is established by private law, then here we are talking about private law management.
Sovereign administration is a “coercive” administration (law enforcement, attacking, “attacking”, restricting the rights of subjects of law, tough), i.e., applying measures of administrative coercion. In this case, control and supervision bodies and officials apply measures of an interim, preventive, preventive, punitive and restorative nature. Here, it is possible to temporarily restrict the exercise of the rights and freedoms of citizens, the right to dispose of objects of property of individuals and legal entities. Coercive control is carried out mainly by police and other regulatory bodies, whose tasks include ensuring public order, preventing offenses, and protecting society from dangers. The main principle of "coercive" management is legality.
In the domestic administrative and legal literature of the last decades, the problems of “private law” management are not touched upon. This type of management takes place in cases where the state itself does not act as a sovereign participant in legal relations. Therefore, it assumes the equality of the state as a participant in private law relations, that is, it participates in the general competitive economic life, receives financial income, increases its fortune or sells it, while performing appropriate actions. The activities carried out in private law forms are aimed at achieving state-administrative goals and solving state-legal tasks through participation in economic life.
The private area of public administration covers the material (economic) needs of management, that is, when the state acts as a private entrepreneur and concludes various agreements. These include, for example, sales contracts, which are intended to ensure the management of the materials necessary for management activities (formation and provision of management personnel, purchase of materials, equipment, stationery, land plots for the construction administrative building), contract agreements with road construction companies, leasing agreements and service contracts, employment contracts with employees and workers in the public service. The state participates in these agreements not only as a customer and consumer, but also as an entity wishing to receive economic (financial) profit as an independent entrepreneur on an equal footing with other entrepreneurs.
Management, in the process of implementation of which private law means and mechanisms are used, can also be carried out as economic activity public authorities to ensure the "normal" existence of society (for example, state provision electricity, gas, water, heat; organization by cities, towns and other administrative-territorial units of garbage collection, wastewater treatment, liquidation harmful substances etc.). Such management, which can be called creative, “positive”, is a necessary attribute of a modern welfare state. "Positive" management is the concern of the state for the normal existence of people; this is the management of education, and social construction (construction of housing on favorable terms for certain categories of the population), and management in the field of health, economics, transport, electricity, water supply, etc. This form of management organization is common in many countries, and it is allowed only in certain cases. Where there is no clear legal regulation by the state, positive management can be carried out by private enterprises.
Management from the point of view of its organization is basically the same in all areas, however, one should distinguish between general management and special (special) management. General management is intended for any type of management activity and is implemented by the same mechanisms, forms and methods, regardless of industries and areas of management activity. Special management extends to specific areas and areas - finance, construction, agriculture, mining, domestic and foreign affairs, etc.
The exercise of executive power (public administration) is implemented in specific forms of executive and administrative activities (forms of public administration) of executive authorities and their officials.
The category "form of public administration" is associated with the implementation of the competence of the executive authority, since it is management actions that allow the external expression of the competence (ie, duties and powers) of the subject of public administration.
The forms of state-administrative activity of executive authorities and their officials are determined by law, fixed in laws and other regulatory legal acts that determine the activities of these bodies. Consequently, in public administration, state bodies and officials should use only those forms of activity that are established by the norms of administrative law. Failure to comply with the law entails the invalidity of the actions of the executive authority or official.
It should also be noted that the administrative-legal forms of public administration always entail clearly defined legal consequences associated with the emergence, change or termination of administrative-legal relations (for example, drawing up a protocol on administrative offense, issuing an order on the assignment of a class rank, etc.).
In this way, under the administrative-legal form of public administration is understood as an outwardly expressed action of an executive body or its official, determined by the nature, carried out within the framework of its competence and causing legal consequences. The type of a specific form of public administration is determined by the tasks facing the executive authority or official, as well as the functions they implement.
Types of administrative and legal forms of public administration in administrative law are classified according to the content and method of expression.
Lawmaking form public administration consists in the publication by the subjects of public administration of by-laws of regulatory legal acts of management that regulate public relations in the field of their state-administrative activities. Normative legal acts of management of federal executive bodies are issued on the basis of and in pursuance of the Constitution, federal laws, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation. The executive authorities of the constituent entities of the Russian Federation in their law-making activities are also guided by the legislation of the relevant constituent entities of the Russian Federation.
Enforcement Form public administration, in turn, is divided into the issuance of individual legal acts of management (acts of application of the rules of law), as well as the performance of actions of a legal nature.
The publication of individual legal acts of administration is carried out by the subject of public administration when, due to the circumstances of the case, the subject of public administration, in accordance with legal norms, must make a decision in the form of an individual legal act.
The performance of actions of a legal nature is carried out in cases where legal norms do not require the adoption of a legal act from the subject of public administration and the subject of government performs the legally significant actions provided for in these cases (for example, drawing up a protocol, issuing a permit, etc.).
According to its content, the law enforcement form of public administration is divided into regulatory and law enforcement.
The regulatory form is used in the process of public administration in various fields state activity(economic, socio-cultural, defense, foreign policy, etc.).
The law enforcement form is used in the application of coercive measures against persons violating the norms of administrative law, in the protection of the subjective rights of citizens and organizations, as well as in resolving disputes arising in the field of management.
By way of expression legal forms of public administration are divided into written and oral.
The main form of government is the written form. This form is used in solving managerial issues that require written registration of the actions of a public administration entity, which gives rise to legal consequences. The content of this form of public administration consists in the preparation and adoption by the relevant executive authorities of legal acts of management (regulatory and individual), as well as the execution of administrative documents (protocols, acts, certificates, and others).
The oral form of state administration is used in the cases provided for by legal norms when resolving operational issues and consists in issuing oral orders, orders and commands, which also entail legal consequences.
It is necessary to distinguish from the legal forms of public administration organizational actions and logistics operations, which are also used in the process of public administration.
Organizational actions are expressed in the organization of office work, methodical work, compiling reports, holding meetings, training staff, introducing a scientific organization of labor and other organizational work in the executive authority. These actions are aimed at improving the culture and efficiency of management activities and are not associated with the emergence, change or termination of administrative and legal relations.
Material and technical operations are designed to ensure the work of executive authorities. These operations include the organization of material and financial support of the state body, the organization of the work of the expedition, transport, the introduction of office equipment and a number of other measures.
One of the main administrative and legal forms of public administration is publication of legal acts of management.
Legal acts of management have the following characteristic features: subordination, legal character, authoritarianism, imperativeness.
Subordination act of management means that the issued act should not contradict the requirements of the current legislative acts and is issued within the competence of this governing body. The legality of a management act in a broad sense is also understood as the compliance of acts not only with the law, but also with acts of the President of the Russian Federation, the Government of the Russian Federation and other executive authorities.
Legal nature acts of management means that it can cause certain legal consequences. These consequences may be expressed in the establishment of appropriate rules of conduct (norms) of a general nature or affect relations associated with specific persons.
imperative act of management is associated with the state-imperious powers of the subjects of state administration and is expressed in the obligation of its execution, regardless of the consent of the performers.
In this way, legal act of management can be defined as a unilateral legally authoritative decision of a public administration entity based on legislation, issued within its competence, regulating public relations in the field of public administration or aimed at the emergence, change or termination of specific administrative and legal relations.
Legal acts of management should be distinguished from office documents which do not have a legal nature (protocols, acts, certificates, reports, reports, etc.). Official documents do not establish or change specific legal relations. However, official documents may serve as the basis for issuing legal acts of management.
Legal acts of management are issued, as a rule, in writing. However, in some cases, its oral form is also allowed, for example, in military administration in the case of giving oral orders and in a number of other cases determined by law.
Legal acts of management can classify according to the following criteria.
Legal content legal acts of management are divided into normative and individual.
Regulatory acts are those acts of management that contain the rules of law, regulate public relations in the field of public administration, are designed for a long period of validity and do not have a specific personalized character. Administrative law-making finds its expression in the normative legal acts of management. They concretize the norms of laws and other acts of higher legal force and define the model rules of conduct in the field of public administration. These acts establish the legal status of executive authorities, determine the procedure for performing certain actions and procedures of a state-administrative nature, establish the necessary restrictions and prohibitions, and regulate other issues in the state-administrative sphere. Regulatory legal acts of management are one of the most important sources of administrative law.
Individual acts of management do not contain the rules of law. They resolve specific management issues on the basis of laws and other regulatory legal acts, i.e. are acts of applying the rules of law to specific cases. These acts cause legal consequences in the form of the emergence, change or termination of specific administrative and legal relations (for example, the decree of the President of the Russian Federation on conferring the military rank of a senior officer).
According to the bodies that publish them, legal acts of management are subdivided:
to decrees and orders of the President of the Russian Federation on issues related to public administration;
resolutions and orders of the Government of the Russian Federation;
resolutions, orders, orders, regulations, rules, instructions of federal executive authorities;
resolutions, orders, orders, regulations, rules, instructions of the executive authorities of the constituent entities of the Russian Federation.
By area of operation legal acts of management are divided into acts that are in force throughout the territory of the Russian Federation, the territory of a constituent entity of the Russian Federation, an administrative-territorial unit.
By the nature of the competence of the bodies issuing them, legal acts of management are divided into acts of general and sectoral and intersectoral management.
Acts general management are published by subjects of public administration of general competence - the Government of the Russian Federation, governments (administrations) of the constituent entities of the Russian Federation.
Acts of branch management regulate social relations and resolve managerial issues in a particular branch of management. Such acts are issued by state administration entities with sectoral competence (in particular, ministries) and are mandatory for bodies, organizations and officials subordinate to them, as well as citizens entering into public relations in this area of public administration (for example, entering military service under a contract).
Intersectoral management acts are issued by state administration entities with intersectoral competence, which resolve issues of an intersectoral nature. These acts are binding on all executive authorities, organizations, officials, regardless of departmental subordination, as well as citizens.
The following requirements are imposed on legal acts of management.
1. The legal act of management must be issued in accordance with the legislation by the authorized body within its competence.
Thus, legal acts of the Government of the Russian Federation are issued on the basis of and in pursuance of federal laws, decrees and orders of the President of the Russian Federation.
Legal acts of federal executive authorities are issued on the basis of and in pursuance of federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, as well as on the initiative of federal executive authorities within their competence.
Structural subdivisions and territorial bodies of federal executive bodies are not entitled to issue regulatory legal acts. A normative legal act may be issued jointly by several federal executive bodies or by one of them in agreement with others.
2. A legal act must be issued in a certain order. The procedure for issuing management acts is established by legislative and other regulations regulating the status of executive authorities.
Thus, in particular, the Government of the Russian Federation, on the basis of and in pursuance of the Constitution, federal constitutional laws, federal laws, regulatory decrees of the President of the Russian Federation, issues resolutions and orders. Acts of a normative nature are issued in the form of resolutions of the Government of the Russian Federation. Acts on operational and other current issues that do not have a regulatory nature are issued in the form of orders of the Government of the Russian Federation. The procedure for issuing acts of the Government of the Russian Federation is established by the Government of the Russian Federation.
Regulatory legal acts of executive authorities are issued in the form of resolutions, orders, orders, rules, instructions and regulations (see Rules for the preparation of regulatory legal acts of federal executive authorities and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 No. 1009). The publication of normative legal acts in the form of letters and telegrams is not allowed. The draft regulatory legal act is subject to agreement with the concerned ministries and departments, if such approval is mandatory in accordance with the legislation of the Russian Federation, and also if the regulatory legal act contains provisions, norms and instructions relating to other ministries and departments. The approval of a normative legal act is formalized by visas. Visa includes i! himself the name of the position of the head of the ministry (department) or his deputy and the personal signature of the approver, the transcript of the signature and the date. Visas are affixed at the bottom reverse side the last page of the original of the normative legal act.
The preparation of a draft normative legal act is entrusted to one or more structural divisions federal executive body, taking into account their functions and competence. At the same time, the circle of officials responsible for the preparation of the specified project, the period for its preparation, and, if necessary, the organizations involved in this work, are determined.
The legal service of the federal executive body participates in the preparation of a draft normative legal act. The term for preparing a draft and issuing a regulatory legal act in pursuance of federal laws, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, as a rule, should not exceed one month, unless another period is established. To prepare drafts of the most important and complex normative legal acts, as well as acts issued jointly by several federal executive bodies, working groups may be created.
In the process of working on a draft normative legal act, the legislation of the Russian Federation related to the topic of the project, agreements on the delimitation of subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, the practice of applying the relevant regulatory legal acts, scientific literature and materials of periodicals should be studied on the issue under consideration, as well as data from sociological and other studies, if any.
3. The legal act of management is issued in the prescribed form and signed by the relevant official. The form of the act (structure, details, language) must comply with the accepted requirements.
Thus, the structure of a normative legal act should provide a logical development of the topic of legal regulation. If an explanation of the goals and motives for the adoption of a normative legal act is required, then the draft contains an introductory part - a preamble. Normative provisions are not included in the preamble. Regulatory prescriptions are drawn up in the form of paragraphs, which are numbered Arabic numerals dot and do not have headings. Clauses may be subdivided into subclauses, which may be numbered alphabetically or numerically. Significant normative legal acts can be divided into chapters, which are numbered with Roman numerals and have headings.
If necessary, for the completeness of the presentation of the issue, the regulatory legal acts may reproduce certain provisions of the legislative acts of the Russian Federation, which must have references to these acts and to the official source of their publication. If tables, graphs, maps, diagrams are provided in a normative legal act, then, as a rule, they should be drawn up in the form of applications, and the relevant paragraphs of the act should have links to these applications.
Simultaneously with the development of a draft normative legal act, proposals should be prepared to amend and supplement or invalidate the relevant previously issued acts or parts thereof. Regulatory legal acts issued jointly or in agreement with other federal executive authorities are changed, supplemented or recognized as invalid in agreement with these federal executive authorities. Provisions on amendments, additions or invalidation of issued acts or parts thereof shall be included in the text of a normative legal act.
If, during the preparation of a regulatory legal act, the need to introduce significant changes and additions to previously issued normative legal acts or the presence of several acts on the same issue, then a new single act is developed in order to streamline them. The draft of such an act includes new normative prescriptions, as well as those contained in previously issued acts, which remain in force.
Before signing (approving) the prepared draft normative legal act must be checked for compliance with the legislation of the Russian Federation, as well as the rules of the Russian language, and endorsed by the head legal service federal executive body.
Normative legal acts are signed (approved) by the head of the federal executive body or by a person acting in his capacity. The signed (approved) normative legal act must have the following details:
the name of the body (bodies) that issued the act;
name of the type of act and its name;
date of signing (approval) of the act and its number;
the name of the position and the surname of the person who signed the act.
4. Regulatory legal acts of management affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations of an interdepartmental nature, regardless of their validity period, including acts containing information constituting a state secret or information of a confidential nature, are subject to state registration.
State registration of normative legal acts is carried out by the Ministry of Justice of Russia, which State Register normative legal acts of federal executive bodies.
State registration of a normative legal act includes:
legal examination of the compliance of this act with the legislation of the Russian Federation;
making a decision on the need for state registration of this act;
assignment of a registration number;
entry into the State Register of Normative Legal Acts of Federal Executive Bodies.
State registration of normative legal acts is carried out by the Ministry of Justice of Russia within 15 days from the date of receipt of the act. If necessary, the registration period may be extended, but not more than 10 days, and in exceptional cases - up to one month.
Within 24 hours after state registration, the original of the normative legal act with the registration number assigned to it is sent by the Ministry of Justice of Russia to the federal executive body that submitted the act for state registration.
The registration of a normative legal act may be refused if during the legal examination it is established that this act does not comply with the legislation of the Russian Federation. Normative legal acts, the state registration of which is refused, are returned by the Ministry of Justice of Russia to the body that issued them, indicating the reasons for the refusal.
Within 10 days from the date of receipt of a refusal in state registration, the head of the federal executive body or a person acting as such shall issue an appropriate document on the abolition of the regulatory legal act, the registration of which has been refused, and send a copy of it to the Ministry of Justice of Russia.
A normative legal act may be returned by the Ministry of Justice of Russia to a federal executive body without registration at the request of the federal executive body that submitted this act for state registration, and also if the established procedure for submitting an act for state registration is violated. If a normative legal act is returned without state registration in violation of the established procedure for submitting it for state registration, the violations must be eliminated, and the act must be re-submitted for state registration within a month, or a copy of the document on the repeal of the normative legal act must be sent to the Ministry of Justice of Russia.
5. Certain requirements are also established for the procedure for publishing regulatory legal acts of the administration (see Decree of the President of the Russian Federation of May 23, 1996 No. 763 "On the procedure for publishing and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" ). Thus, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation are subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature. Acts of the President of the Russian Federation are subject to official publication within 10 days after the date of their signing. Resolutions of the Government of the Russian Federation, with the exception of resolutions containing information constituting a state secret or information of a confidential nature, are subject to official publication no later than 15 days from the date of their adoption.
The official publication of acts of the President of the Russian Federation and acts of the Government of the Russian Federation is considered to be the publication of their texts in " Russian newspaper"or in the "Collection of Legislation of the Russian Federation" or the first placement (publication) on the "Official Internet Portal of Legal Information" (pravo.gov.ru). The texts of acts of the President of the Russian Federation and acts of the Government of the Russian Federation distributed in in electronic format Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information "System"" Federal Service protection of the Russian Federation, as well as federal bodies of state protection. Acts of the President of the Russian Federation and acts of the Government of the Russian Federation may be published in other printed publications, as well as communicated to the public on television and radio, sent to state bodies, local governments, officials, enterprises, institutions, organizations, transmitted through communication channels.
Acts of the President of the Russian Federation that are of a normative nature shall enter into force simultaneously on the entire territory of the Russian Federation after seven days after the day of their first official publication. Other acts of the President of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.
Acts of the Government of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of federal executive bodies, as well as organizations, enter into force simultaneously throughout the territory of the Russian Federation seven days after the day of their official publication. Other acts of the Government of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, come into force from the date of their signing.
Acts of the President of the Russian Federation and acts of the Government of the Russian Federation may establish a different procedure for their entry into force.
Normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental nature, which have passed state registration with the Ministry of Justice of Russia, are subject to mandatory official publication, except for acts or their individual provisions containing information constituting state secret, or information of a confidential nature.
Normative legal acts of federal executive bodies are subject to official publication in Rossiyskaya Gazeta within 10 days after the date of their registration, as well as in the Bulletin of normative acts of federal executive bodies of the Yurydicheskaya Literatura publishing house of the Administration of the President of the Russian Federation. The said Bulletin is also official and is distributed in electronic form by the Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information "Systema"" of the Federal Security Service of the Russian Federation, as well as by state security agencies.
Normative legal acts of federal executive bodies, except for acts and their individual provisions containing information constituting a state secret, or information of a confidential nature that have not passed state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences, as entered into force, and cannot serve as a basis for regulating the relevant legal relations, imposing sanctions on citizens, officials and organizations for failure to comply with the instructions contained therein. These acts cannot be referred to in resolving disputes.
Regulatory legal acts of federal executive bodies shall enter into force simultaneously throughout the territory of the Russian Federation after 10 days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.
Normative legal acts of federal executive bodies containing information constituting a state secret or information of a confidential nature and not subject to official publication in connection with this, which have undergone state registration with the Ministry of Justice of Russia, shall enter into force from the date of state registration and assignment of a number, if the acts themselves no later date for their entry into force.
To the number administrative and legal forms of public administration include and administrative contracts. In the theory of administrative law, the following features of an administrative contract are distinguished.
- 1. The conclusion of an administrative contract entails the emergence of legal relations between its subjects on the basis of voluntary consent and equality of the parties, which is the difference between an administrative contract and acts of management.
- 2. An administrative contract is concluded on the basis of the norms of administrative law, which regulate the procedure for its conclusion and termination (cancellation). Thus, the Government of the Russian Federation, in accordance with Art. 13 of the Law on the Government of the Russian Federation, by agreement with the executive authorities of the constituent entities of the Russian Federation, may delegate to them the exercise of part of their powers, if this does not contradict the Constitution, the Law on the Government of the Russian Federation and federal laws.
- 3. The content of the administrative-legal contract is management relations. The purpose of this agreement, in contrast, for example, from a civil law agreement, is the settlement of relations that develop in the field of public administration, relations of a managerial nature. In particular, art. 28 of the Charter of the Moscow Region dated December 11, 1996 No. 55/96-03 provides that federal executive authorities and executive authorities of the Moscow Region may, by mutual agreement, transfer to each other the exercise of part of their powers, if this does not contradict the Constitution and federal laws.
- 4. One of the parties to the administrative contract is the executive authority, which is the subject of public administration. Without his participation, this agreement cannot be concluded.
In this way, administrative contract - this is an agreement based on the norms of administrative law, at least one of the participants of which is a subject of public administration, concluded in order to regulate relations that develop in the field of public administration, in relation to a managerial nature.
In the literature on administrative law, the main classification criterion administrative contracts is subject of the contract. According to the subject of the contract, the following types of contracts are distinguished: contracts on competence, contracts on cooperation, contracts on the entry of citizens into the state (military) service. Agreements on competence, in particular, include agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation on the delimitation of competence, as well as on the delegation of powers. Cooperation agreements define various areas of management activity, in particular, the exchange of information, holding joint events, and a number of others.
- See Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of 01.06.2004 No. 260.
- See: Administrative law: textbook / ed. L. L. Popova. M., 2005. S. 275-279.
Most scientists of the 21st century conduct research on a person from the point of view of him with the outside world. Such actions help to highlight the most effective ways. It should be noted that the search process began long before the appearance of the existing civilization. An interesting fact is that already in the days of Ancient Rome, people knew that the most successful "invention" of regulating social relations is law. Since that time, this concept has not lost its force.
Today, in the Russian Federation, almost all the life of citizens is regulated by the legal norms of various branches of legal science. This allows, first of all, the state to exercise widespread control and dictate its will. However a large number of questions are raised by the management process itself, which is carried out by the already mentioned in the article government. The term "management" itself has several rather interesting meanings. As for the state, it has its own specifics - both legal and practical. In the article, we consider the concept of management and types of management through the prism of the relevant legal branch - administrative law.
The versatility of the term
Before considering the concept of management and types of management in administrative law, it is necessary to pay attention to the versatility of this term in general. It should be noted that it is used in several branches of human activity at once. Based on this, the characterization of the term can be given in completely different ways.
In philosophy, management is understood as certain activity any subjects aimed at achieving a goal or a set of goals. During such activity, some object changes. The philosophical concept gave the starting impetus to the creation of a "classical" universal term. Thus, management, essence, concepts, the types of which will be presented in the article, are a specific process of control, organization, planning and motivation, which is necessary to achieve the goals. As for the specifics of this category, it can be perfectly traced in the military and administrative environment.
The specifics of military management
Earlier, we have already noted the fact that the concept of command and control in the military environment have their own specifics. The same can be said about administrative law. The features of this industry will be presented later in the article. As for military affairs, management, concept, signs, the types of which are presented below, are a set of measures whose purpose is to coordinate the actions of individual military formations. At the same time, the subjects of management must maintain an appropriate level of organization in these formations, which will meet the basic requirements of the state's defense capability.
There are several types of command and control in military affairs, namely:
- Management of all troops is the process of coordinating and maintaining overall combat readiness at all echelons of the state's armed forces.
- Air traffic control allows you to coordinate the activities of military aviation.
- Formation management occurs for the most part during a direct military conflict, when from different industries of the armed forces, unified structured combat units are formed.
Thus, taking into account the above specification, we can conclude that military command and control has a number of characteristic features.
What is administrative law?
Now let's try to understand the specifics. After all, it is through the prism of this industry that we will consider the concept of management and types of management. It should be noted that this industry in the vastness of the Russian Federation is relatively young. It was formed in the USSR and partly the Russian Empire - the progenitor modern Russia. Initially, it was a purely police branch of the legal system of the state. However, closer to XXI century Scientists have found that the management process, like other mechanisms in the country, is subject to certain legal patterns. When analyzing the specifics of the management process, it became clear that it is the subject of administrative law, as it has incorporated public features. Thus, the legal industry has changed significantly.
Today, administrative law comes from management, as it is considered the main subject of regulation of the industry. It follows that the content, features and types of management can be identified, studied and considered within the framework of administrative science.
Management in administrative law
The general concept and types of management in administrative law are studied by scientists everywhere, because this is the highest priority issue in modern Russia. It is within this legal branch and part-time science that the most controversial moments of coordinating public life through state power are studied. In other words, the issues of interaction between state bodies of all echelons and citizens, both in aggregate and separately, are considered.
Taking into account all the above features, we can conclude that management (a concept, signs, the types of which will be presented below) in administrative law are actions that have an administrative nature. They are aimed at organizing the functioning of enough complex systems in order to ensure the safety and quality of the activities of the latter. Depending on the features of the systems, different types and types of management in administrative law are distinguished.
It should be noted that the administration of the administrative branch has its own structure. This makes it possible to more effectively and efficiently implement this category in the real regulation of social relations.
Administrative management structure
The concept of management and its types are directly related to the structure of this specific category. Earlier, we have already indicated that it is precisely due to the structured management that it has a high level of efficiency in the process of regulating social relations. As a rule, there are three main structural elements: object, subject and content. The subject of management is always people. Some scholars include public authorities among the subjects, which is fundamentally wrong. After all, even state authorities actually consist of people. It should be noted that the subjects are divided into two large groups: individual (individual citizens of the Russian Federation) and collegiate (social groups). In addition to social relations, the object of management are systems, for example, formations of people, all kinds of phenomena (economic, legal, etc.).
The most interesting and important element is the content of management. It characterizes the package of relations that is actually regulated during implementation. In addition, the content includes specific ways of influencing these legal relations, since they are carried out using certain methods and techniques. In fact, the content element of the presented administrative and legal category is the very “root” of the state management process. Based on it, various types of the institution considered in the article are distinguished.
The main types of management in administrative law
It should be noted that the types and features of management are distinguished only through the analysis of individual types of this category of administrative law. Numerous hypotheses have been put forward by industry theorists on this issue over the years. The main problem was that scholars could not come to a common agreement on the typology of governance in administrative law. The fact that management, the essence, concept and types of which are presented in the article, was really a complex structure, had an effect. Nevertheless, a typology was created, consisting of four elements, which exists to this day. It offers the following types of management in administrative law:
- The technical type of management, that is, the coordination of the activities of objects based on the generally accepted rules of physics, mathematics, etc.
- Biological management has incorporated ways of influencing certain objects, taking into account natural laws.
- The social type is one of the most complex. Its features are manifested in the structure and methods of regulation, which will be discussed later.
- The key type in administrative law is public administration. The analysis touches upon such issues as the essence of the state, the interaction of the country and society, government and individual citizens.
Thus, the presented typology is the "standard" of domestic administrative law. The study of its elements allows you to see the concept and types of forms of management, key features not only the institution of management activity, but the entire branch of legal regulation.
Types of management in administrative law
The concept and management methods are inextricably linked terms that actually complement each other. But their essence is most clearly traced through certain types of the category presented in the article. It should be noted that many people quite often confuse the concepts of "types" and "kinds". In this case, it must be remembered that a certain set of methods and ways of influencing specific social relations. And the type, in turn, is only a separate target area of focus. The concept of management and its types, as mentioned earlier, are complementary. Thus, various sets of methods in administrative law can be distinguished based on the definition of the term.
To date, theorists of administrative law have identified three main types, namely:
- public administration;
- collective;
- family.
As we understand it, the general concept and types of management presented above allow us to reveal the essence of this specific legal institution. Therefore, they must be considered separately from each other. It should be noted that we note management as an institution of administrative law, since the category presented in the article combines not only a certain set of methods and methods, but also homogeneous legal norms of regulation.
Public administration: concept and methods
The concept of management, its features and types in the prism of administrative law directly depend on the state. In fact, in this industry, the institution of administration is the starting point from supreme bodies authorities in the country. Public administration, in turn, has absorbed the most important methods and principles of the activities of state bodies. What does it represent? Thus, public administration is a type of activity of state bodies, as well as their officials, aimed at implementing a given political course. Performers of this type are not interested in the sources of the existing course, since they only bring its provisions into the form of real implementation.
The main method in the implementation of public administration, as a rule, is imperative. This is not at all surprising, given the fact that there is a right of command, which the state is endowed with in the person of its main organs. Some scientists quite often attribute the implementation of state administration only to the executive authorities of the Russian Federation. This theory is mostly wrong. Because the judiciary and the legislature also make their own notes in the process of regulating society. In some cases, the legislature is more important than other branches, because it is the legislature in the Russian Federation that has the highest priority.
Principles of public administration
- Legal. This aspect combines the concepts of law and order and legality, as well as the priority of human and civil rights and freedoms. In addition, the legal approach consolidates the principle of the dominant place of the Constitution in the hierarchy of legal acts and the entire legal system.
- Political principles are, for the most part, ideas for the embodiment of political doctrine. Today in Russia there is an increasing trend towards the fact that state power exists for the maximum embodiment of the idea of democracy. The political approach is actually a protest of any kind of discrimination, violation of freedom of speech, etc.
- The managerial approach reinforces the principles of efficiency, economy and effectiveness of public administration.
- The last set is the “Pesik principle group”, which was developed in the 20th century by the Polish scientist Przech Pesik. The peculiarity of the group is that it combines several relatively homogeneous principles of public administration. Thus, a single provision is being created that state power should be “convenient” for the people. It cannot violate the rights of citizens of this or that state, but on the contrary, it must support and ensure them. The effectiveness of power should be manifested, first of all, in the health of the nation and foreign policy well-being.
Earlier, we have already indicated that the content, features and types of state-oriented management largely depend on the principles presented above. In fact, it is thanks to these principles in the Russian Federation that the activities of the authorities have the maximum level of efficiency in the process of regulating public relations. It is also necessary to take into account the fact that the concept, types, functions of management in administrative law are largely “built” on the initial provisions of the industry and the institution.
Social management in administrative law
A specific type in the administrative branch is social management. It has the following features:
- The object of influence is always people, that is, society.
- All emerging relations in the process of social management are dispositive, legal in nature.
- This type of management is built on the basis of the priority of the will of the person, and not the command of the state.
- The subjects, as a rule, are mostly people and their formed groups. As for the authorities, it is a special subject in the structure of social management.
Thus, on the basis of the presented features, it can be concluded that, unlike the state, social management arises in the environment of interaction between citizens. At the same time, the authorities only in some cases play a “auxiliary” role.
Conclusion
So, the concept of management and its types were briefly presented in this article. It should be noted that the issue of the role of citizens and authorities in the process of organizing management of any kind is a priority area of study both within the framework of the presented institution and administrative law in general. In addition, the study of managerial legal relations is necessary for organizing the effective work of government bodies, but this is no longer the subject of this article.
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