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07.05.2020

Types of public administration. The concept of "management" in administrative law Types of management in administrative law

Foreword

Stock lectures can be used by students of legal specialties when studying the discipline " Administrative law ».

The purpose of studying the discipline " Administrative law» is the formation and development professional culture students, improving the creative qualities of a future lawyer, acquiring the practical skills necessary for their professional activities.

When studying the discipline, the following tasks are solved:

Ensuring students' assimilation of concepts, categories and institutions government controlled;

Formation of students' ideas about administrative and legal norms and relations; subjects of administrative law; administrative coercion and administrative responsibility; the basics of the administrative-legal organization of economic management, socio-cultural and administrative-political spheres;

Developing students' skills to use normative legal acts that regulate relations that form the subject of administrative law.

The study of the discipline involves a logical combination of lectures and seminars, as well as independent work students over educational material.

These lectures are written taking into account changes in the field of legislation and jurisprudence, and are recommended for use in the preparation and conduct of practical classes, in the performance of independent and control works in preparation for the course exam.

Management, public administration, executive power

Questions to the topic:

1. Concept, content and types of management. Social management.

2. The concept, features and types of public administration. Correlation between the concepts of executive power and public administration.

3. Features of the executive power. Executive and administrative activities.

The concept, content and types of management. Social management.

Management is purposeful and ongoing process the impact of the subject of management on the object of management. Various phenomena and processes act as an object of control: a person, a team, a social community, mechanisms, technological processes, apparatuses. Management as a process of influence of the subject on the object of management is unthinkable without a management system, which, as a rule, is understood as a mechanism that provides the management process, i.e., a set of interrelated elements that function in a coordinated and purposeful manner. The elements participating in the management process are combined into a system using information links, more specifically, according to the feedback principle.

"Manage" means "direct, lead"(to take care of something, to do something on behalf of, to execute and dispose of). In the 60s. 20th century a new scientific direction was formed - cybernetics, the subject of which was the management processes in various areas. Using the mathematical apparatus, mathematical logic and the theory of functions, it was possible to combine the most important achievements of the theory of automatic control, computer science and many other areas of scientific knowledge. This science studies the issues of management, communication, control, regulation, reception, storage and processing of information in any complex dynamic systems. In this case, management is considered high level abstraction, and special importance is attached to management procedures, its principles, patterns and relationships of numerous elements that form single system.


The concept of "system", revealing the essence of management, is characterized by the presence of the following features: tasks and goals; subjects and objects of management; functions; organizational structure; unity, independence and interdependence of the elements of the system; certain forms and methods of activity.

Governed by in the most general sense, one can understand the purposeful influence of the subject of management on the objects of management in order to create an efficiently functioning system based on information links and relations. A very precise definition of management was given by G. V. Atamanchuk: management is goal-setting, i.e. creative, thoughtful, organizing and regulating the impact of people on their own social life, which can be carried out both directly (in the form of self-government) and through specially created bodies and structures (state bodies, political parties, public associations, enterprises, societies, unions, etc.).

It should be noted that the essence of management has remained unchanged for many decades.

Defining the concept of "management", the classic of management A. Fayol names the following six functions (operations):

1) technical (production, dressing and processing);

2) commercial (purchase, sale and exchange);

3) financial (raising funds and managing them);

4) insurance (insurance and protection of property and persons);

5) accounting (accounting, costing, accounting, statistics, etc.);

6) administrative (foresight, organization, command, coordination and control).

Revealing the meaning of the administrative operation, the scientist explains:

- “To manage means to foresee, organize, dispose, coordinate and control;

Foresee, that is, take into account the future and develop a program of action;

To organize, i.e., to build a double - material and social - organism of the enterprise;

Dispose, i.e., force the staff to work properly;

Coordinate, i.e. link, unite, harmonize all actions and all efforts;

To control, that is, to take care that everything is done according to the established rules and given orders.

The literature deals with several types of systems: technical systems (energy system, information and computer network, technological process etc.); socio-economic systems (industries, individual enterprises, service sector, etc.); organizational systems, the main element of which is the person himself. As a rule, the majority of society members are members of one or more organizations, i.e. organizational relations — characteristic human existence.

People enter the organization to solve problems through management processes. An organization is a conscious association of people, characterized by the principles of systemicity, reasonable organization, structuredness and pursuing the achievement of certain social goals and the solution of socially significant tasks. Every organization has the management processes necessary to achieve its goals and objectives.

Any management process is characterized by the following characteristic features:

1) the need to create and operate a complete system;

2) purposeful impact on the system, the result of which is the achievement of orderliness of relations and connections capable of fulfilling the tasks set;

3) the presence of the subject and object of management as direct participants in management;

4) information as the main link between management participants;

5) the presence of a hierarchy in the management structure (elements, subsystems, industries, areas);

6) the use of various forms of subordination of the object of management to the subject of management, within which various methods, forms, methods, means and techniques of management are used.

Traditionally, the following types of management are distinguished:

1) mechanical, technical management(management of equipment, machines, technological processes);

2) biological management (management of vital processes of living organisms);

3) social management (management of social processes, people and organizations).

Each of these types of management differs in purpose, qualitative originality, specific features, the intensity of management functions and operations performed.

social management

Under social management understands management in the sphere of human, social activities; management of social relations, processes in society, the behavior of people and their teams, organizations in which they carry out labor or official activity People. Joint social activities of people are carried out in various areas, for example, in the process of production and consumption wealth, in the socio-political, ideological, ethical, cultural, family spheres. The processes taking place in these areas, sometimes distinguished by their particular complexity and importance, require guidance, i.e., bringing relations into a complete system, creating order in social relations. In each sphere, which has a qualitative originality, only special systems of managerial organization are acceptable.

Thus, the managerial beginning is obligatory, in particular, for social system, in which two control participants are distinguished - the subject and the object with direct and feedback between them.

The essence of social management is revealed in the process of analyzing its following characteristics:

1) management - the process of conscious-volitional influence of a particular subject of management on the corresponding objects;

2) management - an activity built on specific principles for the implementation of management actions, the achievement of certain management goals and the solution of administrative tasks;

3) management is a functional socio-legal phenomenon, i.e. public administration is characterized by a multitude of administrative functions performed;

4) management is organized and carried out by specially trained subjects of management, for whom management is a profession, professional activity;

5) management is a management process, a system administrative procedures having specific legal content;

6) management is carried out either to achieve general management tasks , or to solve managerial affairs in specific areas of social or public life (management of internal affairs, management in the field of foreign affairs, protection public order, management in the field of finance, management in the field of justice, management of the country's construction complex);

7) management can be considered as a specific closed organizational system built on certain legal grounds; i.e. it is a separate organization that has specific management goals and objectives, organizational structure, powers and structure, interacts with other organizations.

The content of social management is the streamlining of social relations, the regulation of the organization and functioning of the social order and public associations, the provision of conditions for the harmonious development of the individual, the observance and protection of the rights and freedoms of man and citizen. In all these cases, social-volitional connections, human behavior and actions become the object of control. However, a person is also a subject of social control, which is carried out by him in relation to other people. In each case, the subject of social management are both individuals and organizations: state, public, international.

Social management includes the concept social management activities, which is broader than the term "management". Management activity presupposes the presence of a practical element in the implementation of management, that is, it is characterized by the direct implementation of the functions of social management - the implementation of norms, rules, organization, leadership, coordination, accounting and control.

Creation organizational structure social management is a necessary but not sufficient condition for achieving the goals and objectives of management. The reality of management is provided by such qualities as organization, responsibility, subordination, strength, will. Taken together, they form a new quality - control dominance, i.e., empowering the subject of management activity with the necessary powers for the successful implementation of the management functions assigned to him.

Thus, management is inseparable from the concepts of "power", "state power". The authority of management determines the emergence of organizational ties that ensure the subordination of the participants in joint social activities to the desire of the subject of management, his "dominant" will. Power is a necessary means of regulation social processes; it forms a single organizational and governing will that meets the public interests and ensures the creation of a social order, democratic foundations for the life of society.

The power of social management includes such a social phenomenon as authority. Social management should ensure the interaction of two factors: on the one hand, the powers and authority of the subject of management and management (in the broad sense, the authority of the state), and on the other hand, the voluntary fulfillment by people and their organizations of social norms, conscious submission to the subject of power and management, and as well as his instructions. The balance of these phenomena creates required quality social management activities.

Social management is characterized by the fact that it:

1) arises in connection with the need to organize and regulate the activities of people and their organizations, as well as to establish standards for their behavior and actions;

2) is aimed at achieving the goals and objectives of management, which are to satisfy public interests through the implementation joint activities of people;

3) uses the available powers and functions;

4) is carried out on the basis of subordination of participants in management activities to a single control will of the subject of management (person, team, organization).

Social management includes several species, differing in goals, objectives, functions, subjects and their powers, as well as management procedures:

1) public administration (management in the field of organization and functioning of the state, state executive power);

2)local government (municipal government, local self-government, communal self-government);

3) public administration (management in public associations and not commercial organizations);

4) commercial management (management in commercial organizations created for the purpose of making a profit and distributing the profit received among their participants).

Management is a process of purposeful influence on a system (mechanical, technological, biological, social), as a result of which its orderliness and development are achieved in accordance with the goals set.

Signs of management:

The quality of an integral organized system is obligatory;

The presence of mandatory elements: the subject of management and the object of management;

A certain focus, achievement of the set goal (management result);

Serves the interests of the interaction of the main elements;

It is provided by a system of certain means.

Types of management: mechanical, technological, biological, social.

1.2. Social management: concept, common features, types, elements

Social management is a type of management, the process of influencing society, social groups, individual individuals in order to streamline their activities, increase the level of organization of the social system.

General features of social management:

1) exists where there is a joint activity of people and their communities;

2) provides an orderly impact on the participants in joint activities;

4) is characterized by the presence of a subject and an object of management;

5) the subject of management is endowed with a certain power resource;

6) the object of control is a subject subject, whose conscious-volitional behavior must change in accordance with the instructions of the subject;

7) is implemented within the framework of a certain mechanism.

Types of social management: public administration, local (municipal) self-government, public self-government.

Elements of social management: the subject of management, the object of management, managerial links (direct links and feedbacks).

The subject of management can be individual or collective.

Such objects of management as a person (individual), collectives (social groups), the state (society as a whole) are singled out.

Direct connections are purposeful organizing influence of the subject of management on the managed object.

Feedback is a channel of information impact of the control object on the control subject in order to inform about the fulfillment of the management tasks assigned to it.

The managerial cycle is a set of interrelated, logically determined managerial stages, characterized by certain tasks, composition of participants.

Stages of the management process:

Analysis of the management situation;

Development and decision-making;

Organization and execution of the decision;

Monitoring the implementation of the decision;

Summing up, making adjustments.

Control- the process of purposeful influence on the system (mechanical, technological, biological, social), as a result of which its orderliness is achieved, development in accordance with the goals set.

signs controls:

The quality of an integral organized system is obligatory;

The presence of mandatory elements: the subject of management and the object of management;

A certain focus, achievement of the set goal (management result);

Serves the interests of the interaction of the main elements;

It is provided by a system of certain means.

Kinds management: mechanical, technological, biological, social.

1.2. Social management: concept, common features, types, elements

social management- type of management, the process of influencing society, social groups, individuals in order to streamline their activities, increase the level of organization of the social system.

Common features social management:

1) exists where there is a joint activity of people and their communities;

2) provides an orderly impact on the participants in joint activities;

4) is characterized by the presence of a subject and an object of management;

5) the subject of management is endowed with a certain power resource;

6) the object of control is a subject subject, whose conscious-volitional behavior must change in accordance with the instructions of the subject;

7) is implemented within the framework of a certain mechanism.

Kinds social management: public administration, local (municipal) self-government, public self-government.

Elements social management: the subject of management, the object of management, managerial links (direct links and feedbacks).

Subject management can be individual or collective.

There are such objects management as a person (individual), collectives (social groups), the state (society as a whole).

Direct connections - purposeful organizing influence of the subject of management on the managed object.

Feedback - a channel of information impact of the control object on the control subject in order to inform about the fulfillment of the management tasks assigned to it.

Management cycle - a set of interrelated, logically determined management stages, characterized by certain tasks, composition of participants.

Stages of the management process:

Analysis of the management situation;

Development and decision-making;

Organization and execution of the decision;

Monitoring the implementation of the decision;

Summing up, making adjustments.

1.3. Functions of social management: concept and types

Functions of social management - due to social purpose, the most typical, homogeneous, stable areas of managerial influence that meet its intended purpose and objectives.

signs functions of social management:

Due to the social purpose of management;

Characterized by a certain focus and stability;

They represent an external manifestation of the properties of the control system;

They represent the direction of its active action;

They are predetermined by the set goals and objectives.

Depending on the the content and nature of the impact can be identified following features controls: common (inherent in all control systems); special (inherent in individual control systems, for example federal Service security: counterintelligence activities, the fight against crime, intelligence activities); providing (create conditions for the implementation of general and special functions such as logistics; personnel; financial planning, etc.).

Depending on the directions of influence distinguish between internal and external functions.

Depending on the duration of action There are permanent and temporary functions.

Are common control functions:

Information support - collection, receipt, processing, analysis and storage of information necessary for the implementation of management activities;

Forecasting - foreseeing the prospects for the development of events or processes in the future;

Modeling - creating a sample (model) of certain managerial relations to anticipate the solution of managerial problems in the future;

Planning - determination of directions, rates, quantitative and quality indicators development of processes in the management system;

Organization - formation of a management system, establishment of its principles, subject composition, bringing to a state of readiness;

Coordination - coordination of joint activities of various subjects of managerial relations to achieve the goals and objectives of management;

Disposition - operational regulation of managerial relations, giving instructions to performers;

Regulation - the establishment of generally binding requirements and procedures for management objects;

Control - establishing compliance or deviation of the actual state of the control system from the specified parameters;

Accounting - fixing information expressed in quantitative indicators, about the results of the state of the control system.

1.4. Public administration: concept, principles, goals

Public administration- in a broad sense - the activities of all state bodies for the implementation of the assigned powers, in a narrow sense - by-law, legally imperious activities of executive authorities Russian Federation and its subjects to exercise the assigned powers.

signs government controlled:

This is a type of state management activity;

The activity is legally authoritative, executive-administrative in nature;

Activities are carried out continuously, continuously and according to plan;

Activities are carried out on the basis of and in pursuance of laws (legislative activities);

It is characterized by the presence of vertical (hierarchical) and horizontal links;

It is carried out in various forms (legal and non-legal);

Provided through a system of guarantees;

Violation of managerial activity entails the onset of negative consequences (legal restrictions).

Target public administration - the expected results that the subject seeks in the implementation of managerial activities. Distinguish following goals controls:

1) socio-economic - streamlining public life and satisfying the public interest; achieving economic well-being, building and maintaining a certain system of economic relations;

2) political - participation in the management of all political forces in the country, the development of positive proposals and processes in society and the state that contribute to the improvement of state and public structures, human development;

3) security - ensuring the rights and freedoms of citizens, legality in society, public order and public safety, the necessary level of well-being;

4) organizational and legal - the formation of a legal system that contributes to the implementation of all the main functions of the state and the solution of all its tasks with the help of democratic institutions and mechanisms of the rule of law, as well as organizational and functional formations.

Principles public administration - fundamental ideas, guiding principles that underlie management activities and reveal its essence.

The principles are divided into general (social and legal) and organizational.

General (social and legal) principles:

Democracy - the people are the only source of power; he exercises power both directly and through executive authorities; control over the activities of the executive authorities is carried out by the legislative and judicial authorities, the prosecutor's office, as well as the population (public control);

Legitimacy - the activities of the executive authorities should be based on the exact and strict observance and implementation of the Constitution and laws, the compliance of the attached regulatory legal acts with acts of higher legal force;

Objectivity - in the implementation of management activities, it is necessary to adequately perceive ongoing processes, establish existing patterns and take them into account when making management decisions and their implementation;

Scientific character - the use of scientific methods for collecting, analyzing and storing information, taking into account scientific developments in the course of making and implementing management decisions;

Concreteness - the implementation of management should be built taking into account specific life circumstances, i.e. in accordance with the real state of the management object and the resource of the management subject;

Separation of powers - subdivision state power on the legislative, executive and judicial with assigning specific functions to them in the prescribed manner;

Federalism - the activities of executive authorities are based on the normative consolidation of the delimitation of competence and jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;

Efficiency - the achievement of the goals of management activities should be carried out with minimal cost forces, means and time.

Organizational principles:

Sectoral - the implementation of management activities, the organization of the management system is built taking into account the generality of the management object, which forms a certain industry (management of industry, transport, communications, agro-industrial complex, education, healthcare, etc.);

Territorial - the formation of a management system is based on a territorial basis (administrative-territorial division);

Linear - the type of organization of services and divisions that carry out executive and distributive activities, in which the head, within the limits of his competence, has all the rights of management in relation to his subordinates;

Functional - bodies and apparatuses of executive power carry out general subordinate management functions (finance, statistics, employment, etc.);

Dual subordination - a combination of the principles of centralized leadership, taking into account the territorial conditions and the state of the control object;

The combination of unity of command and collegiality - the most important issues relating to the fundamental aspects of management activities are taken collectively, and operational, current, not requiring collegial consideration, are resolved individually.

1.5. Executive power: concept and features

Government- the possibility and ability emanating from the state to exert a certain influence on the behavior of people with the help of certain means.

Shared by the following branches (kinds) state power: legislative; executive and judicial.

executive branch - a branch of state power, activities to manage the affairs of the state and society, carried out by a system of state bodies that are endowed with executive and administrative powers and controlled by legislative and judicial authorities.

signs executive power:

It is an independent branch of the unified state power;

Acts as subordinate to the representative (legislative) power;

It is carried out by executive authorities, which are government bodies;

Possesses subject-functional independence;

It has unity, i.e., it is carried out throughout the territory of the Russian Federation;

It is organized and carried out on the basis of federalism with the delimitation of the subjects of jurisdiction and powers between the Russian Federation and the subjects of the Federation;

Its activities are of an executive-administrative nature;

It has a universal character, i.e., it is carried out constantly and continuously;

Has at its disposal certain means (resources) for the implementation of coercive functions.

1.6. Goals, functions and levels of executive power

Goals executive power:

1) ensuring the security of the individual, society, state;

2) creation of conditions conducive to the well-being of the individual, society, state;

3) creation of conditions for the implementation by the subjects of social relations of their rights, freedoms, legitimate interests;

4) protection of a person from unlawful encroachments. Functions executive power:

1) executive (law enforcement) - implementation of the Constitution, federal laws and laws of subjects of the Russian Federation;

2) human rights - the function of observing and protecting the rights and freedoms of man and citizen;

3) socio-economic (providing) - creating conditions for the development of economic construction, socio-cultural and administrative-political management;

4) ensuring the rule of law and compliance with the constitutional order in the country;

5) regulatory - the implementation of leadership, control, coordination, planning, accounting, forecasting, etc.;

6) norm-setting - carrying out in accordance with the established procedure activities for the adoption of regulatory legal acts;

7) protective (jurisdictional) - application of measures of state (administrative) coercion to legal entities and individuals in the event that these persons violate the norms of the law.

There are two level executive power: federal executive power and executive power of subjects of the Russian Federation.

Administrative law- one of the most important industries the legal system of the Russian Federation, which is a set of legal norms that regulate public relations arising in connection with the practical implementation of executive power, or, in a broader sense, in the process of carrying out state-administrative activities.

  • is public law, designed to ensure the public interest by regulating relations related to the management of social processes;
  • norms of administrative law ensure the interests of society, the state of citizens, etc.;
  • forms the basis of legal regulation

Control- administrative actions aimed at the functioning of complexly organized systems, designed to ensure their safety, maintain the mode of operation.

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:

  1. sole proprietors;
  2. collegiate (groups of people).

d) a special subject of management - authorities or other authorized person.

Control types:

  • state;
  • collective - regulation at the level of the team;
  • family.
  • is a public law, designed to ensure the public interest;
  • norms of administrative law ensure the interests of society, the state, collectives, the rights and interests of citizens, etc.;
  • forms the basis of legal regulation of various social relations.

Subject of administrative law- public relations, which are regulated by the norms of administrative law.

The subject of administrative law includes 3 areas of legal relations, namely:

1) managerial relations- are executive and administrative activities. Within the framework of these legal relations, the goals, tasks, functions, powers of the executive power are directly realized;

2) organizational legal relations- auxiliary. Organizational legal relations are implemented in the process of forming the composition of state bodies, the distribution of rights, duties and responsibilities between them in general when forming the management structure;

3) control legal relations- like any other type of activity, the implementation of public administration is controlled by specialized bodies. To some extent, control powers are typical for any state body, but for some bodies this function is the main one. The method of administrative legal regulation is a set of means and ways of influencing managerial relations, the behavior of their participants.

There are the following methods of administrative law:

1) the method of power-subordination, according to which one participant in administrative legal relations is subordinate to another, and the other controls the first and has the right to give him instructions that are mandatory for execution;

3) the harmonization method is typical only for subjects that are not subordinate to each other, but at the same time they may be unequal, for example, harmonization of the work procedure between two state bodies, officials of different legal status;

4) the method of equality - in some sources it is called as a subspecies of the method of coordination, the peculiarity of which is that this method applies only between equal persons;

5) method of permission - legal permission to perform certain actions under the conditions provided for by the legal norm or to refrain from doing them at one's own discretion;

6) method of prohibition - the imposition of a direct legal obligation not to perform certain actions under the conditions provided for by the legal norm. The impact of administrative law on social relations:

  • regulates relations in all spheres of social relations - in the economy, administrative-political, socio-cultural, etc.;
  • determines the system and structure of the bodies involved in public relations;
  • establishes rules for the conduct of citizens, officials, organizations and other entities (rules in the field of trade, traffic, construction, etc.);
  • for violation of the established rules, the norms of administrative law provide for liability, fix the procedure for bringing to responsibility, the procedure for appealing decisions, etc.

Functions and principles of administrative law

Function types:

  • regulatory - is expressed in the creation by the norms of administrative law of a certain legal regime for organizing the activities of subjects;
  • protective - ensures compliance with the established legal regime in the area under consideration and protection of the legal rights and interests of subjects;
  • law enforcement - the main purpose is to ensure the norms of administrative law actions for the practical implementation of executive power;
  • law-making - consists in empowering the subjects of executive power with the authority to adopt administrative and legal norms;
  • organizational - proceeds from the need to regulate the norms of administrative law of activities aimed at organizing the entire process of law enforcement in the field of management;
  • coordination - is expressed in the provision of effective and coordinated interaction of all subjects participating in the management process by the norms of administrative law.

Principles are the fundamental beginnings of any kind of activity.

  • the principle of the priority of the individual, his rights, freedoms and interests - in the process of implementing the executive power, the rights and freedoms of man and citizen become real and guaranteed, their protection is ensured;
  • the principle of separation of powers - the executive power is independent within the limits determined by the Constitution of the Russian Federation;
  • the principle of federalism - based on the federal structure of the Russian Federation, in accordance with which the administrative and administrative-procedural legislation of the Russian Federation is assigned to the subjects of joint jurisdiction of the Russian Federation and its subjects;
  • the principle of legality - implies that all legal acts adopted on the territory of the Russian Federation must comply with the provisions of the Constitution of the Russian Federation;
  • the principle of publicity - provides for the openness to the general public of the results achieved in the process of state-administrative activity;
  • the principle of responsibility means that executive is subject to administrative or disciplinary liability for violation of the requirements of generally binding administrative and legal norms, for the unlawful application of administrative law norms, for dishonest performance of their duties and other violations.

Sources of administrative law

2. The Constitution of the Russian Federation, as well as the constitutions and charters of the subjects of the Federation - contain norms that have a certain administrative and legal orientation, for example, norms that establish the foundations for the organization and functioning of the executive branch, etc.

Forms of sources of administrative law:

  • rules - most often binding on both sides of the management process, they are approved, as a rule, by a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation;
  • provisions - are divided into subject (group norms designed to regulate a certain group of relations, and organic);
  • instructions, rules, guidelines(recommendations);
  • statutes - in this form a significant number of norms are grouped;
  • codes - group the norms of the institution of administrative responsibility.

Systematization is the activity of streamlining and improving normative material by processing it and arranging it according to classification criteria selected in accordance with the tasks resolved by this activity.

The purpose of systematization is to streamline the accumulated regulatory and legal material with its subsequent analysis, as a result of which the interconnections of legislative acts are determined, contradictions, duplication, gaps and other shortcomings are identified; further, as a consequence, instead of several laws, a complex law is developed in a certain area.

Correlation of administrative law with other branches of law

Signs of norms of administrative law:

1) the subject of regulation of administrative norms coincides with the subject of administrative law;

2) a strict hierarchy, in the event of a conflict of one norm with another, the highest in legal force acts;

3) most of the norms of administrative law are imperative (binding) in nature;

4) the operation of administrative and legal norms is provided with special types of responsibility: administrative and disciplinary;

5) the administrative-legal norm has a specific structure: as a rule, it does not have a hypothesis or is not expressed. Disposition and sanction are often separated and can be enshrined in different parts of one law or placed in different legal acts.

The special part contains the rules governing social relations in specific sectors and areas of the country's economy (economic, socio-cultural, administrative and political).

The institutions of administrative law reflect the most important, general problems of administrative and legal regulation of public relations, allow a comprehensive approach to solving many issues related to the functioning of the entire system of executive power.

Types of institutions of administrative law:

  • principles of public administration;
  • administrative legal status citizens (individuals);
  • administrative-legal status of executive authorities;
  • state and municipal service;
  • administrative-legal status of non-state (public associations);
  • administrative-legal status of enterprises, institutions;
  • forms of government;
  • public administration methods;
  • ensuring the rule of law in public administration;
  • administrative-legal bases of management in the sphere of economy;
  • administrative and legal foundations of management in the socio-cultural sphere;
  • administrative-legal bases of management in the administrative-political sphere.

Administrative and legal norms: concept, types, features

The structure of the administrative-legal norm:

  • hypothesis - indicates the conditions for the application of a particular rule of conduct, specific actual conditions for the application of a rule of law;
  • disposition - the main part of the norm, which defines the very rule of behavior, prescriptive, prohibitive or permissive;
  • sanction - is always enshrined in the rules providing for specific elements of administrative offenses.

Types of administrative and legal norms:

1) by subject:

a) material - norms that fix the rights, duties, responsibilities of subjects of administrative legal relations;
b) procedural - norms that determine the procedure for the implementation of rights, duties and responsibilities, enshrined in the norms of substantive law;

a) binding - prescribing to the subjects of administrative-legal relations without fail to perform certain active actions;
b) authorizing - norms that give the subjects of administrative-legal relations the right to perform any actions or refrain from them;
c) prohibiting - norms fixing the obligations of subjects of administrative-legal relations to refrain from certain actions;
d) recommendatory - norms in which the participants of administrative-legal relations are offered a certain model of behavior as a recommendation;
e) incentive - norms containing incentives for the most favorable actions on the part of the subjects of administrative-legal relations;

3) by legal force:

a) legislative;
b) subordinate;

4) by territorial effect:

  • are public legal relations, which are based on public, state interest;
  • are of an imperious nature, since in the process of the emergence, change and termination of these legal relations, state administration is implemented;
  • are organizational, since public administration is associated with organizational settings, which is manifested in the organizational nature of administrative legal relations;
  • in case of violation of administrative-legal relations, administrative responsibility arises as a way to protect them.

Administrative legal relations are distinguished by a special administrative-legal procedure for resolving disputes between participants in legal relations. The resolution of disputes arising in the course of the existence of an administrative legal relationship may be carried out within the framework of other administrative legal relations. Thus, administrative legal relations are resolved within the system itself.

Ways to protect administrative-legal relations (self-defense, administrative, judicial).

Types of administrative-legal relations:

1) by the nature of legal relations:

  • material, based on the norms of substantive law;
  • procedural, arising in connection with the practical implementation of substantive norms;

2) according to the type of relationship arising between the subjects:

  • horizontal - arise when power structures interact with each other in conditions where there is no subordination;
  • vertical - arise in cases where one side of the legal relationship is organizationally or otherwise subordinate to the other, or when the law provides for the mandatory acts of the managing entity;
  • subordinate - based on the power of one of the subjects in relation to the other (subordination);
  • coordination - power powers are used for effective joint activity of several managing subjects;
    • administrative legal relations;
  • guarantee of compliance with the principle of legality .

Classification of legal facts:

1) by the nature of the consequences that have occurred:

  • law-forming - legal facts that determine the emergence of legal relations (initiation of administrative proceedings, etc.);
  • law-changing - legal facts that determine changes in legal relations, for example, transfer to another position;
  • terminating - legal facts that determine the termination of legal relations, for example, dismissal from service;
  • events - circumstances that do not depend on the will and consciousness of a person and arise on their own, for example, natural disasters;
  • actions are circumstances that depend on the will of a person. Actions are divided into lawful (based on the requirements of the law) and illegal (commission of an administrative offense);

3) by the presence of facts necessary for the emergence, change and termination of legal relations:

  • simple legal facts (recruitment);
  • complex legal facts (legal offenses) - for the emergence, change or termination of administrative legal relations, several conditions must be present.

It should be noted that in a number of cases, the legal facts associated with the emergence (change or termination) of an administrative legal relationship also give rise to the emergence of another legal relationship regulated by other branches of law (for example, entering the civil service is legal fact for the emergence of not only administrative, but also labor relations).

So, for example, a case on an administrative offense may be initiated by an official authorized to draw up protocols on administrative offenses, subject to the following conditions:

  • if there is at least one of the reasons provided for by this article for this;
  • sufficient data to indicate the presence of an event administrative offense.

Reasons for initiating a case on an administrative offense are:

  • direct detection by officials authorized to draw up protocols on administrative offenses of sufficient data indicating the presence of an event of an administrative offense;
  • materials received from law enforcement agencies, as well as from other state bodies, local self-government bodies, from public associations, containing data indicating the presence of an event of an administrative offense;
  • messages and statements of individuals and legal entities, as well as messages in the media containing data indicating the presence of an event of an administrative offense (with the exception of administrative offenses provided for in Part 2 of Article 5.27, Articles 14.12, 14.13 of the Code of Administrative Offenses of the Russian Federation).

The concept of "management" in administrative law

The concept of "administration" comes from the Latin word "management".

Control- administrative actions aimed at the functioning of complexly organized systems, designed to ensure their safety, support the mode of operation.

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:

  1. sole proprietors;
  2. 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 individual people. The most complex in its structure is the management of the state, 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. The features of 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 all 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 state structure, 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. Local self-government bodies are not included in the system of state authorities. 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, state administration carry out law enforcement as their main (subjective) functions, the status law enforcement determined by administrative regulations.

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 of 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.

The unified system of executive power of a constituent entity of the Russian Federation includes:

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);

G) territorial bodies state executive power of general competence, acting 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).

To the powers of the head of state (head of the republic), characterizing this person as chief executive, are:

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.

Its 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. The legal position of the head of 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;

Issues legal acts (decrees and orders) that are 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 administration (governor) heads the government, and other members of the government are officials of the administration ( Krasnodar region, 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 Law Altai Territory"On the Administration of the Altai Territory" in the structure of the administration, an administration council is being 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 there is such government agency. 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 are common 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-industry functions and powers are associated with executive activities in various fields public life: economic, socio-cultural, environmental protection, law enforcement and public safety. 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-governmental organizations, takes measures to protect the rights and legitimate interests of citizens and organizations, etc.

Executive authorities of special competence in the republics 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 the executive power (bodies of internal affairs, finance, justice, state property management, environmental protection, land resources and land management, social protection 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 municipalities have been created in cities and districts of republican (regional) subordination and local self-government bodies are operating. 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 city). 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.

Third, local authorities the state executive power is the administration of districts, cities and other administrative-territorial formations, which provide for the creation of state 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 structural unit higher (republican) body of executive power, then its head and his deputies cannot be appointed by higher bodies of state power, since such an order does not comply with the principles of separation of powers established by the Constitution, delineation of jurisdiction and powers between power bodies various 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 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. At the same time, specific types of control, accounting, inspections, documents being drawn up, material and moral incentives, measures of administrative coercion, etc. can be indicated.

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 control objects and much more, described and implemented in concepts and procedures. 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 administration 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- 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 recent years, for example, on 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

Important role In achieving the goals set for the public administration, control over compliance with legal norms, that is, supervision, plays.

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 and legal norms are 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 of state enterprises and institutions;

e) administrative and legal status of public associations;

f) separate aspects of the functioning of various kinds 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. This:

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.

17.in 12 answer

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 and legal regulation, the administrative and legal status of public administration entities, the 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.

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