Schools of Public Administration. Kuznetsova I.A. State and municipal administration. Lecture notes - file n1.doc Public administration system course of lectures
A. V. SIGAREV
LEGAL SUPPORT FOR STATE AND MUNICIPAL GOVERNANCE
Lecture course
for students of all forms of study
in the direction of training 38.04.04 State and municipal administration
degree: master
program: Management of state and municipal finances; state and municipal administration in a constituent entity of the Russian Federation
Novosibirsk, 2016
Published in accordance with the plan of educational and methodological work of the SIU-branch of the RANEPA
Reviewers:
Osipov A.G. - Head of the Department of Legal and Social Sciences of the Siberian University of Geosystems and Technologies, Doctor of Historical Sciences, Professor;
Markeev A.I. - Professor of the Department of Constitutional and Municipal Law of the SIU - a branch of the RANEPA, Candidate of Law, Associate Professor.
Sigarev, A. V. Legal support of state and municipal management: a course of lectures. / A.V. Sigarev; SIU-branch of RANEPA. - Novosibirsk: SibAGS Publishing House, 2016.
The course of lectures deals with the main issues of legal regulation of state and municipal administration: the concept of state power and public administration, the principles of legal regulation of state and municipal administration, the system of sources of legal regulation of state and municipal administration. The legal regulation of the activities of the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, the judiciary, the Prosecutor's Office of the Russian Federation, as well as state authorities of the constituent entities of the Russian Federation and local governments are considered in detail. Designed for master's students of all forms of education in the direction of preparation 38.04.04 "State and municipal management".
FOREWORD.. 6
INTRODUCTION TO THE DISCIPLINE.. 8
SECTION I. 11
Introduction to the legal support of state and municipal government 11
CHAPTER 1. Subject, principles, system and sources of legal support for management activities. eleven
1.1. To the question of the concept of public administration 11
1.2. State and municipal administration as a subject of legal regulation 14
1.3. The system of sources of legal regulation of state and municipal government. twenty
1.4. Principles of legal regulation of state and municipal government 31
CHAPTER 2. Fundamentals of legal regulation of the activities of state bodies 45
2.1. The concept and signs of state power. 45
2.2. The concept and features of a state body. 47
2.3. Legal status of the state body. fifty
2.4. The system of state bodies in Russia. 53
CHAPTER 3. The concept, principles, system and forms of local self-government in the Russian Federation 61
3.1. The concept and political and legal nature of local self-government 61
3.2. Sources of municipal law. 67
3.3. Legal bases of municipal democracy. 75
3.4. Legal status of local governments 89
CHAPTER 4. The concept, principles and types of public service in the Russian Federation. Municipal service in the Russian Federation.. 101
4.1. The concept and signs of public service.. 101
4.2. Service law: concept, sources, system. 105
4.3. Legal regulation of the state civil service 109
4.4. Legal regulation of municipal service.. 112
SECTION II. 122
The main institutions of state and law in the legal support of state and municipal government. 122
Chapter 5. The President of the Russian Federation and the heads of subjects of the Russian Federation in the system of public administration
5.1. Legal status of the President of the Russian Federation as head of state 122
5.2. The procedure for electing the President of the Russian Federation.. 124
5.3. The powers of the President of the Russian Federation, his relationship with other government bodies. 128
5.4. Termination of powers of the President of the Russian Federation.. 137
5.5. Legal status of the heads of subjects of the Russian Federation.. 142
Chapter 6. Legislative power in the system of government. 150
6.1. Federal Assembly - Parliament of the Russian Federation 150
6.2. Legal status of the State Duma.. 153
6.3. Legal status of the Federation Council. 157
6.4. Fundamentals of the federal legislative process. 159
6.5. Legislative bodies of the subjects of the Russian Federation 163
CHAPTER 7. Executive power in the system of government 168
7.1. The concept and types of executive authorities. 168
7.2.. The legal status of the Government of the Russian Federation in the system of executive power 171
7.3. Federal executive authorities. 174
7.4. Executive authorities of the constituent entities of the Russian Federation.. 180
CHAPTER 8. Court and prosecutor's office in the system of government 186
8.1. Judicial power and justice. 186
8.2. Supreme Court of the Russian Federation and courts of general jurisdiction. Judicial Department at the Supreme Court of the Russian Federation.. 189
8.3. Arbitration courts.. 193
8.4. Constitutional Court of the Russian Federation.. 194
8.5. Legal status of judges. 199
8.6. Prosecutor's office. 201
FOREWORD
This course of lectures is an attempt in a fairly brief form to reveal a very extensive topic of legal support for state and municipal government. Moreover, public administration in this case is understood in the broadest sense - as the activity of all bodies and links in the system of public authority.
State and municipal administration in Russia is carried out by a whole system of bodies divided into branches and levels. The procedure for the formation and activities of each body, its competence is regulated by a separate regulatory legal act, and often by several such acts. In this regard, this course of lectures is very rich in legal material, it is based on the study of several dozen laws and by-laws.
Moreover, in the presented publication, the acts of the Constitutional Court of the Russian Federation are widely used, since without them it is impossible to fully disclose the topic. In the acts of the Constitutional Court of the Russian Federation, an interpretation of many constitutional principles and norms is given, an answer is given to numerous controversial issues of lawmaking and law enforcement.
Taking into account the fact that this course of lectures is addressed to undergraduates and involves an in-depth study of the material, the publication addresses various problematic issues. According to them, the author expresses his point of view, but does not impose it, but invites readers to think and formulate their opinion.
This textbook does not in any way pretend to be an exhaustive presentation of all theoretical and legal material on the topic, it would be impossible even within the framework of an entire monograph. As you know, the wider the subject of research, the more superficial its study. This manual is rather a starting point for further study of the problems of state and municipal government, a kind of "road map", which outlines the main guidelines.
In the text of the course of lectures, the reader will encounter numerous references to regulatory legal acts. This is done specifically to orient students to the study of primary sources. For a more complete and qualitative study of the discipline, it is necessary to refer directly to the study of the relevant legal acts. In addition, after each chapter there is a list of basic and additional literature, these sources should also be consulted for a more complete study of the topic.
It should be noted that the legislation of our country is constantly changing. New regulations are being adopted instead of the previously existing ones, and numerous amendments are being made. This manual is written taking into account the legislation as of May 1, 2016. Taking into account possible further changes, the reader is recommended to independently use the computer legal bases "Garant", "Consultant", "Code", in which the regulatory legal acts are presented in the current version.
When working with this course of lectures, we recommend that you follow a certain sequence of actions. First of all, you need to familiarize yourself with the lecture material presented in the corresponding chapter. Then, to deepen knowledge, you should study additionally recommended literature and regulatory legal acts. After studying each topic, you must answer control questions. If you have difficulty answering them, you should return to the relevant section of the topic and study it more carefully.
INTRODUCTION TO THE DISCIPLINE
The purpose of the discipline "Legal support of state and municipal government" is to form the competencies of constructive interaction with citizens and civil society institutions, other organizations, the ability and readiness for dialogue based on the values of a civil democratic society, knowledge of personnel management technologies and personnel audit, the ability to develop solutions, taking into account the legal and regulatory framework.
For this, the following tasks are solved:
The study of state and municipal government as a legal phenomenon, the originality of the forms of organization of the power of the people, the content of state and municipal legal relations;
Presentation of the most important principles, essence, content and forms of the foundations of legal support for administrative activities (management) in the Russian Federation;
Disclosure of the essence and originality of local self-government as a form of organization of the power of the people, the correlation of the power of local self-government (municipal power) and state power;
Development by students of the skills of interpreting and applying legislation in the activities of state bodies, local governments, individuals and legal entities;
Acquisition of skills in applying judicial, administrative and economic practices in the field of management, making legal decisions on their basis and performing other legal actions in strict accordance with the law, as well as establishing the facts of offenses, determining the measure of responsibility, punishing those responsible and restoring violated rights.
The discipline "Legal support of state and municipal management" refers to the basic part of the professional cycle (M2.B), intended for undergraduates studying in the direction of training 38.04.04 "State and municipal management".
The study of this academic discipline is carried out after studying "Jurisprudence" ("Law") and is designed to consolidate students' already acquired skills of logical thinking, the ability to identify patterns and features of the state-legal and economic-legal process, state influence on the economy, legal support for management activities and administrative processes, causal relationships, lays the foundations of the worldview, forms professional legal awareness and citizenship.
"Legal support of state and municipal government" is also logically connected with another discipline - "Legal foundations of the Russian state", studied at the first stage of higher professional education in various areas of undergraduate studies, and in the process of studying which the main general cultural competencies were formed, aimed at mastering the culture of thinking, ability to analyze and synthesize.
Input knowledge is the basis for further in-depth study of law, understanding patterns and cause-and-effect relationships, developing the ability to analyze facts and predict the subsequent development of domestic legislation. The necessity and importance of studying this academic discipline is due to both theoretical and practical factors. To solve the complex and large-scale tasks that are currently facing, and will be facing for the foreseeable future, domestic managers require not only deep knowledge and the ability to work professionally on the basis of positive law, but also the ability to navigate the variety of public authorities in in the modern world, with the implementation of the activities of which leaders inevitably enter into various kinds of relationships.
The study of the legal support of state and municipal administration helps to gain a deeper understanding of one’s national legal system, contributes not only to expanding the general outlook of a graduate of the corresponding profile of the master’s program, but also to developing a critical approach to various phenomena of legal life, the ability to see trends in legal development within the framework of not only the own legal system of the Russian Federation , but also the main legal systems of modernity.
Lecture #1
Ludwig Berne: “The government is the sails, the people are the wind, the state is the ship, time is the sea”
Topic 1. The content of the system of state and municipal government.
Object and subject of public administration
Levels and branches of government
Public administration as a system
Principles of the public administration system
Fundamentals of the public administration system
1. Object and subject of public administration.
Russia as a state according to the constitution:
federal
legal
democratic
social
secular
The state apparatus is a subject structure that takes responsibility for professionally solving issues and problems of society.
The specificity of public administration lies in the fact that the authorized state apparatus performs its functions exclusively on a professional basis.
Types of state influence:
gradual \ radical;
direct \ indirect;
episodic \ constant;
Objects of state administration:
socio - economic processes (adoption of laws, etc.);
public institutions (systems of education, protection of the population, etc.);
social groups (problems of students, youth, regions);
economic systems.
2. Levels and branches of power.
Branches of power - vertically authorized areas of management activity, determined in accordance with the principle of separation of powers used in a democratic political regime.
Levels of power - ordered ranks of performing activities, divided in accordance with the regime of delegation of authority (from the highest levels to the lowest).
The subject of state administration is a territorial entity.
Public Administration = Federal Administration + Regional Administration!
Municipal government is an independent branch.
Signs of the presence of state administration and branches of government:
availability of specialized state bodies;
legal fixing of the place;
the structure of the organization of power, horizontal and vertical subordination;
goals facing the branches of government.
3. Public administration as a system.
The division of the GI system into branches and levels of power is to ensure the smooth functioning of the managed system based on the principles of proportionality, continuity in the work of all its departments.
Public administration - processes that regulate relations within the state through the division of spheres of influence between the main levels and branches of government.
The purpose of the system of state and municipal government is to ensure social stability, confidence in the future, peace of mind, reproduction (extended, simple), high growth rates (GDP), and improving the welfare of the population.
Signs of the GMU system:
integrity
continuity
sovereignty
System - connection of elements for a single task.
The systemic nature of GU is to ensure the unity of the administrative and partner principles in practice, the regulation of social relations and processes.
Functions of the GU system:
institutional
purposeful
functional
ideological
Understanding the content of the institutions of state and municipal government is associated with the definition of the concept of " control" and " social management". The science of state and municipal government is an integral system of knowledge about general phenomena and patterns, organization and activities of state and municipal government. Its subject is public authority, the structure and activities of state bodies and local governments. public power- this is power isolated from society and not coinciding with the population of the country, which is one of the signs that distinguish the state from the social system. Usually opposed to public authority. Public authority has supremacy in resolving issues of national importance. A feature of public power is the indispensable presence of coercion and sanctions, delegated by the founders of its central office to a representative governing body. Her orders are binding.
To public legal entities the Russian Federation includes the state and municipalities, which is determined by the peculiarities of the state and socio-economic structure. Territorial public self-government is not a public authority, but is a voluntary association of citizens at the place of residence to resolve issues of local importance, that is, it does not have signs of public authority.
There are various classifications of social management. Types of social management are determined by the subject of management. For example, social management, the subject of which is the state represented by state power and administration bodies and their officials, carrying out management activities in the manner prescribed by laws - public administration. Management refers to various ways in which the subject (several subjects) influences the object (objects), changing the position, behavior, properties, qualities of the object, which means that it has a purpose and in which the object can be regulated. From the point of view of cybernetics - the science of control, control- this is a purposeful influence of the subject on the object, which streamlines the management systems of the state and municipalities, ensures their functioning in accordance with the laws of their existence and development. Public administration occupies a priority position, since the state has the greatest administrative potential.
Social management, carried out by local governments on the basis of forms of direct expression of the will of citizens, for the purpose of their self-organization in order to resolve issues of local importance, is defined as local self management. In the face of local governments, officials, it is classified as municipal government. Urban and rural settlements and other municipalities exercise the functions of local self-government (Article 131 of the Constitution of the Russian Federation), therefore they are not included in the system of state authorities, although they have powers of authority, that is, the functions of public authority that they are endowed with by law (Article 131 of the Constitution of the Russian Federation). 132 of the Constitution of the Russian Federation).
Public administration as a certain kind of social activity is understood in a broad and narrow sense. In a broad sense, this is the organizing, ordering activity of the state, state regulation of various social relations through the activities of any state bodies of all branches of government, as well as civil servants. In a narrow (organizational-legal) sense, this is an administrative, executive and administrative activity of the state associated with the implementation of executive state power as one of the branches of state power, carried out by a system of special state executive bodies or state administration bodies.
Public administration should be considered in a narrow sense, since it is in the organizational and legal sense that public administration is the main object of administrative and legal regulation and the scope of administrative law.
The subject of public administration are the forms and methods of influencing the production, social and spiritual life of people interconnected by a common political system and territory. In production relations, it puts the form of ownership at the forefront, regulating them in such a way that all economic entities are in equal conditions. In the sphere of distribution relations, the state must not allow individuals or groups to excessively monopolize the decisive means of production, as this leads to sharp contrasts between wealth and poverty.
Essence of social management is revealed through a triad of properties: goal-setting, organization, regulation, therefore, the main areas of science of state and municipal government is the apparatus (mechanism) of state and municipal government, namely:
organizational and functional structure of state and municipal government;
constitutional and legal foundations for the activities of state (municipal) government bodies;
powers of state and municipal authorities and their differentiation by levels of government;
public service (state and municipal service, personnel policy);
the nature and direction of the interactions of the branches of power in the management process;
management of the budget and budget process;
organization of planning, including strategic;
information flow management and information technologies used in state and municipal administration;
normative activity of the state (law-making and law enforcement), etc.
Features that characterize public administration in a narrow sense:
a) public administration is a specific type of activity for the implementation of a unified state power, which has a functional and competence specificity, carried out by executive and administrative bodies of state power (management bodies);
b) the essence of public administration lies in the practically organizing nature of this type of activity (in the desire, ability and ability of government bodies to organize the practical implementation of general prescriptions and norms);
c) public administration is a subordinate activity of an administrative, executive and administrative nature. The governing bodies carry out the implementation of laws and other general prescriptions of the presidential and governmental authorities, using legal powers, i.e. ordering they execute the laws;
d) public administration is an executive activity that has a continuous and cyclical nature, carried out in the process of daily and direct management of economic, socio-cultural and administrative-political construction.
Atamanchuk G.V. the basis for the classification of types of management was the source and potential of the power of the subject of management. He highlights:
public administration (this is the most important, all-encompassing and powerful type of government);
local self-government is a subtype of public administration in a democratic society, the subject of which are residents of settlements and administrative territories;
management (management of an enterprise, firm, governing body); public administration;
group self-regulation;
purposeful human behavior.
The special features of public administration include:
the presence of a specific subject - public authorities and their officials, the procedure for the formation and functioning of which is clearly regulated by the Constitution, federal legislation, and other regulatory legal acts
the presence of the subject of management of power - public administration is a way of implementing state power and extends to the whole society;
the scale of public phenomena covered by the management - public administration is aimed at coordinating the interests and actions of all citizens and social groups of society, meeting the needs of the entire population, and not individual citizens, at protecting common interests;
the right of the state to use coercive methods in the management process.
FROM entities of state and municipal administration in the broad sense of the word are the system of state administration and local self-government, political parties, public, professional movements, unions, associations, associations, lobbyists, media, commercial and non-profit organizations, citizens of the state. In a narrow sense - the direct subjects of state and municipal government are represented by legislative, executive, judicial and control bodies at the federal, regional and local levels management.
O objects of state administration, based on the essence, content and objectives of state and municipal government, formulated above, can be classified according to the following main features:
Belonging of the object to one or another form of public property (federal, property of the subject of the Federation, municipal);
The nature of the products or services produced by the business entity (consumed within the country, region, municipality, has interregional consumption, export products, etc.);
The nature and extent of the impact of a business entity on economic, social, environmental and other processes in the region;
Place and role in the reproduction of the living conditions of the population, meeting the needs of people outside the sphere of production (health protection, meeting the needs for education and culture, social protection and support).
Government as a special kind of social power and has the following structure: the subject of power (the state, the population), the object (to whom exactly the power is directed), the relations arising from the power, regulating the rules, norms. This is the political power of the state, which comes from the state and is implemented with its direct or indirect participation. The characteristic features of state power include:
- publicity- distribution of power to the entire population of the state and its implementation by a specially formed management apparatus;
- versatility- this sign is that power has a distribution to all areas of public life;
- supremacy- the property of state power to subordinate other types of social power, except for the power of the people of their country;
- legislative prerogative– the existence of a monopoly right to develop legal norms;
- legitimacy- compliance with the hopes, expectations of the people who inhabit the state, the interests of its majority;
- legality– compliance of the current legislation with the Constitution of the Russian Federation;
- use of the tax system;
- use of government coercion- the legal use of force with the help of a specially created law enforcement (punitive) apparatus (court, army, police, etc.);
- division of the entire population only on a territorial basis.
General and specific functions of public administration- these are specific types of managerial influences of the state, differing from each other in subject, content and methods of preserving or transforming managed objects or its own control components. According to the content, nature and scope of impact, the functions of public administration can be divided into general and specific. General Functions reflect the main, objectively necessary relationships: organization, planning, regulation, staffing and control. Common features include:
Ensuring national security and defense capability;
Development and implementation of policies expressed in state programs of federal and regional scales;
Establishment and effective implementation of the legal and organizational foundations of economic life;
Management of state property and enterprises, organizations and institutions of the public sector;
Regulation of the functioning of various objects of the non-state sector;
Ensuring the implementation of the rights and obligations of individuals and legal entities;
Implementation of state control and supervision over the processes taking place in the managed (direct impact on the object of management) and regulated (indirect impact on the object of regulation) spheres.
Specific functions of the state reflect the special content of individual influences of the state. For example, financing, taxation, licensing, accreditation, regulation of labor and wages, lending, etc. A special subgroup of specific management functions is the internal management functions of state bodies. These include ensuring the rule of law, training and advanced training of management personnel, etc. Among the main tasks of the state controls include:
- Ensuring expanded reproduction of living conditions
population, high level and quality of life;
- economic and social transformation of the economy of the country and its regions;
Analysis, forecasting and programming of national and regional development;
- optimization of financial flows, formation of conditions and mechanisms for strengthening the economic base of the region and municipalities;
- ensuring environmental safety in the country and its regions, protecting the environment;
- formation and implementation of structural, investment and scientific and technical policy;
Creation and development of market infrastructure, etc.
The principle of separation of powers (fr. separation des pouvoirs, lat. trias politica) is the basis for the construction of government bodies - the principle according to which state power should be divided into independent from each other (but, if necessary, controlling each other) branches: legislative, executive and judicial. This principle was first proposed by John Locke, and introduced into scientific circulation by Charles-Louis de Montesquieu in 1748. In accordance with it, there are 3 branches of government: legislative, executive and judicial authorities.
Legislature owned by a separate state body involved in the development of legislation. The purpose of this power is the issuance of laws. In this branch of public authority, there is no power hierarchy and a system of administrative subordination. The functions of the legislature also include the approval of the government, the approval of changes in taxation, the approval of the country's budget, the ratification of international agreements and treaties, and the declaration of war. The general name of the legislature is parliament. For example, in Russia the legislative power is represented by the bicameral Federal Assembly, which includes the State Duma and the Federation Council, in the regions - by legislative bodies (parliaments).
At parliamentary form of government the legislature represents the supreme power, and the monarch or president, performs mainly representative functions and does not have real power. At presidential form of government the president and parliament are elected independently of each other. Bills that have passed through parliament are approved by the head of state - the president, who has the right to dissolve parliament.
executive power carries out executive and administrative activities in different states. Executive and administrative activities- the type of activity of state executive bodies and bodies of the local self-government system (heads of municipalities and divisions of their apparatus), aimed at organizing the implementation of laws. In necessary cases, it is accompanied by the adoption of normative legal acts (decrees, orders, etc.) within the framework of the law. For example, in the disposal of state and / or municipal property and in administrative actions addressed to the subjects of its management: officials and citizens entering into public relations in this area. Depending on the territorial scale of activity and administrative – territorial division of the country executive authorities are divided into central (federal), subjects of the Russian Federation (republics, territories, regions) and local (municipal).
The judiciary is power whose main function is justice. Justice (Justice) - a type of law enforcement and law enforcement state activity, as a result of which the judicial power is implemented (manifested). The judiciary is also understood as the activity of special state bodies - courts - to consider and resolve civil, criminal, administrative and arbitration cases, carried out in a special procedural manner with steadfast observance of the requirements of the law. The structure of the judiciary in Russia, for example, the judiciary is exercised through civil, administrative and criminal proceedings and is based on a system of principles that characterize a separate facet of justice: legality; administration of justice only by the court; the independence of judges; administration of justice on the basis of equality of all citizens before the law and the courts; ensuring the right to judicial protection; participation of citizens in the administration of justice; publicity of justice (openness of court proceedings); protection of the legitimate interests of the individual; competitiveness and equality of the parties when considering a case in court; native (national) language of legal proceedings. The system of federal judicial authorities is formed by the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and other federal courts.
Selection control power as a standalone probation. In many countries of the world, this branch of state power is formed by the prosecutor's office, accounting chambers, and other control bodies. In Russia, the status of these state bodies is defined as a system of bodies that are not included in the structure of any of the three branches of government.
Theme 1. Theoretical foundations of public administration.
The theory of the emergence of the state. Schools of Public Administration. The logic of the economic activity of the state, the characteristics of the stages.
The concept and functions of the state, signs of the state. Content, subjects and objects of public administration. Elements of the public administration system, principles of formation of the system of state and municipal administration. Levels of power, form (types) of the state. Efficiency of functioning of public administration bodies
Theories of the emergence of the state.
1. Theological theory.
The emergence of the state is explained by the will of God. In modern conditions, this theory has changed and found expression in the Christian-democratic concept of the state. (G. Hegel 18-19 centuries)
2. The theory of the social contract, the contract theory of the state.
The state is the result of an agreement between sovereign rulers and subjects. This theory determines the social purpose of the state. (Epicurus 3rd century BC)
3. Theory of violence.
According to this theory, the state arose as a result of military conquest and political violence, which ultimately lead to deepening social inequality; class formation and exploitation.
4. Anthropological theory.
This theory about the emergence of the state indicates that the state form of organization is rooted in the very nature of man (Aristotle 4 in BC)
At its best: monarchy, aristocracy, moderate democracy
At worst: tyranny, oligarchy, ochlocracy (mob rule)
5. Patriarchal.
According to the patriarchal theory, the state arose in the process of mechanically connecting clans into tribes, then tribes in integrity to state formations.
6. Marxist (K. Marx, F. Engels)
Society is divided into classes, in turn, the state reflects the interests of the ruling class. The formation of private property leads to social inequality, as a result of which society is divided into ontogenetic classes (opposite to each other); the ruling class creates a state to subjugate the poor.
7. Liberalism (M. Thatcher, early 20th century)
The basis is the freedom of the individual, protected by the rights of private property, and the state is the guarantor.
8. Neoliberalism recognizes the freedom of the individual, but does not link it with the labor theory of value. In the 19th century, the theory of value was replaced by neoclassical economics, which is based on marginal productivity and utility. That theory was reborn after the Second World War (the concept of monetarism). According to this theory, individual freedom was threatened by the state and its desire to control all spheres of human activity, which leads to the need to limit state influence in order to prevent an economic crisis.
9. Embedded liberalism (40s of the 20th century).
Within the framework of this theory, the activity of big business is limited by the state. The state not only planned the budget, but also owned many industries.
10. Neoliberalism.
At the end of the 60s of the 20th century, the built-in liberalism was replaced by neoliberalism, which involves the complete liberation of capital from such constraints as the state and social institutions.
Schools of Public Administration.
The science of public administration arose in ancient China, then it developed in ancient times. However, in fact, this direction is associated with the development of universities in Austria, where they read the disciplines of cameral sciences, in other words, the science of public administration. In the 20th century, the state performed mainly protective functions. In connection with this, the science of administrative law began to develop, which considered the totality of legal norms intended to regulate relationships related to the activities of government bodies. In the United States, the science of administrative law is the main one to this day.
The founder of the American School of Management substantiated the need for high professionalism in the system of public administration; formulated requirements for the selection of civil servants; developed a model of "administrative efficiency", suggesting the use of organization and management methods in public administration that are used in private business.
School of Behavioral Sciences the sphere of public administration was formed on the basis of the development of sociology and psychology in order to increase the efficiency of the organization's human resources (A. Maslow)
School of Quantitative Management Approach connected with the introduction of the method of exact sciences into the science of management.
Management approaches.
Process approach in management assumes that management is a set of processes, that is, work on the preparation and adoption of management decisions, as well as control over their implementation.
System approach in management- the direction of the research methodology, which is based on the consideration of the object as an integral set of elements in the totality of relations and connections between them, that is, the consideration of the object as a system.
The situational approach (case approach) assumes that the central place is occupied by the situation as a specific set of circumstances that has a significant impact in a specific period of time.
Stages of formation of the science of public administration.
I. The end of the 1920s of the 20th century (M. Weber, W. Wilson)
II.1920-1950 (A. Fayol, A. Maslow)
III.since 1950-modern time
Models of an effective state.
1. Rational bureaucracy (M. Weber, V. Wilson)
Apoliticality of civil servants
Unification of the public administration apparatus, description of the duties of civil servants
2.New public administration.
Civil servants can take initiative in the workplace
Emphasis on client-oriented activities of state bodies
Openness and transparency of the civil service
New Ways to Pay for Performance Based on Efficiency and Efficiency
State form.
The form of the state answers questions about what principles and how territorially state power is built, as well as state authorities are created, their relationship and methods of relationship.
Depending on the development of historical events, the form of the state system changes.
3 components:
1. The form of government is the order of formation and organization of the highest bodies of state power, their relationship with each other and with the population.
There are 2 forms of government: monarchy and republic (presidential and parliamentary)
2. The form of the state is an internal, national-territorial organization of the state; the relationship between the state as a whole and its component territorial units.
There are 3 forms:
unitary - a form of territorial structure, in which its parts are administrative-territorial units and do not have the status of a state entity
Federal - a form of government in which parts of a federal state are state entities that have legally defined political independence
Confederation (union of sovereign states)
3. The political regime reflects the level of democratic development; methods of exercising political power, the final political state in society, which develops as a result of the interaction of various political forces.
2.Totalitarian - a political regime striving for complete ( total) state control over all aspects of society.
3. Democratic-political regime, which is based on the method of collective decision-making with equal influence of participants on the outcome of the process or on its significant stages
State functions.
The functions of the state-va are the main direction of activity in solving the goals and objectives facing it. It is in them that the social purpose is reflected.
Classification:
1. Depending on the duration of action (permanent, temporary)
2. Depending on the principle of separation of powers (legislative, executive, judicial)
3. Depending on the purpose (basic, non-basic)
4.Depending on the scope:
A) Internal (f-I ensure the unity of state power, management, integration, management, promoting the reproduction of the human factor, protecting society from destructive external and internal factors
B) External (f-I international cooperation and international relations
State functions related to the economy:
1. Legal - creation of legal foundations for the functioning of the economy and maintaining the traditions of economic behavior
2. Distribution - distribution of state resources to condense market failures
3. Redistribution - changing the proportions in the distribution of income, wealth, for the implementation of social justice
4. Stabilization - maintaining the stability of the main macroeconomic parameters at the expense of state resources (exchange rates, the level of investment, regulation of the money supply, the provision of basic public goods, the protection of vulnerable segments of the population, the provision of social insurance)
The abstract of lectures complies with the requirements of the State Educational Standard of Higher Professional Education.
Accessibility and brevity of presentation make it possible to quickly and easily obtain basic knowledge of the subject, prepare and successfully pass the test and exam.
The concept, essence of public administration, types and forms of the state, public authorities, the structure and competence of the legislative and executive authorities of the Russian Federation, the judiciary, the system of local governments and much more are considered.
For students of economic universities and colleges, as well as those who independently study this subject.
According to the generally recognized definition included in encyclopedic dictionaries, management is a function of complex organized systems of any nature (technical, biological, environmental, social), ensuring the preservation of their structure (internal organization), maintaining a mode of operation aimed at realizing their program goals. In its content, this is a constant purposeful process of the influence of the subject on the object through the appropriate control mechanism.
The objects of management can be things (management of things), phenomena and processes (management of processes), people (management of people), and the subject of management is always a person (operator, manager, manager, etc.) or a collective entity - administration (management, leadership, command, etc.). With all the diversity, the essence of any type of management is to direct and coordinate (coordinate) the actions of participants in processes, phenomena, and subordinate them to the purposeful will of the managing subject.
Table of contents
LECTURE No. 1. The concept, nature and essence of public administration
1. The concept of public administration
2. The essence of public administration
3. Leading schools and trends in the theory of public administration
LECTURE No. 2. Methodology and methods, subjects and objects of public administration
1. Methodology of public administration
2. Subjects and objects of public administration
LECTURE No. 3. The essence and types of the state
1. The concept and features of the state
2. Political power as a general sociological category
3. State types
LECTURE No. 4. The form of the state
1. The concept of the form of the state
2. Forms of government
3. Forms of government
4. Political regime
LECTURE No. 5. Public authorities
1. Concept, legal status
2. Classification of public authorities
3. Institute of the President of the Russian Federation: status, powers, responsibility
4. Administration of the President of the Russian Federation
LECTURE No. 6. The structure and competence of the legislative and executive authorities of the Russian Federation
1. The Federal Assembly of the Russian Federation: the procedure for formation, the legal basis for activities, structure and powers
2. Structure and organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation
3. Structure and organization of the activities of the State Duma of the Federal Assembly of the Russian Federation
4. Legal status of a deputy of the State Duma and a member of the Federation Council
5. The Government of the Russian Federation in the system of state power: legal foundations of activity, structure and powers
LECTURE No. 7. Judiciary in the Russian Federation
1. The concept, features and functions of the judiciary in the Russian Federation
2. Judicial bodies of the Russian Federation: formation procedure, composition and competence
LECTURE No. 8. Territorial organization of state power. Features of the state structure of the Russian Federation
1. Constitutional and legal foundations for the organization of state power of the subjects, delimitation of the subjects of jurisdiction of the Russian Federation and subjects of the Russian Federation
2. Executive authorities of the constituent entities of the Russian Federation
3. Legislative authorities of the constituent entities of the Russian Federation
4. The highest official (head) of the subject of the Federation: legal status and powers
LECTURE No. 9. Essence and main directions of activity of the state social and cultural policy
1. State regulation of education and science in the Russian Federation
2. State regulation in the fields of culture
3. State regulation in the field of healthcare, social services and social protection of the population
LECTURE No. 10. State administration in the field of protection and protection of the security of the individual, society and the state
1. The concept of security and its types
2. Security system of the Russian Federation, forces and means of ensuring it
LECTURE No. 11. Local self-government in the Russian Federation
1. The concept of local government
2. Principles of local self-government
3. Legal basis of local self-government
LECTURE No. 12. Organizational foundations of local self-government
1. The concept of the organizational foundations of local self-government
2. System and structure of local governments
3. Features of the organization of local self-government in the cities - subjects of the Russian Federation Moscow and St. Petersburg, closed cities and science cities
4. Charter of the municipality
LECTURE No. 13. The system of local governments and their role in society
1. Representative bodies of local self-government: concept, structure and formation procedure
2. General provisions on the status of a deputy - a member of an elected body of local self-government
3. General characteristics of the legal status of the administration of the municipality
4. Head of the municipality: status and powers
LECTURE No. 14. Guarantees and responsibility in the system of state and local self-government
1. Offenses and liability
2. Responsibility of state and municipal bodies, organizations serving for offenses in the field of state and municipal administration
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