Types of social management. The concept of "management" in administrative law The specifics of military management

Foreword

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

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

When studying the discipline, the following tasks are solved:

Ensuring the assimilation by students of concepts, categories and institutions of public administration;

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

Developing students' skills in using 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 of students on the educational material.

These lectures are written taking into account the 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 work, in preparation for the exam in the course.

Management, public administration, executive power

Questions to the topic:

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

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

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

Concept, content and types of management. Social management.

Management is purposeful and constant process of influence of the subject of management on the object of management. Various phenomena and processes act as an object of management: a person, a collective, a social community, mechanisms, technological processes, apparatus. Management as a process of the subject's influence on the control object is unthinkable without a control system, which, as a rule, is understood as a mechanism that ensures the control process, that is, a set of interrelated elements functioning in a coordinated and purposeful manner. The elements participating in the control process are combined into a system using information links, more specifically, according to the feedback principle.

"To manage" means "to direct, to lead" (take care of something, do something on behalf of, execute and dispose of). In the 60s. XX century a new scientific direction was formed - cybernetics , the subject of which was the management processes in various fields. 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 regulation, 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. At the same time, management is considered at a high level of abstraction, and special importance is attached to management procedures, its principles, patterns and connections of numerous elements that form a single system.

The concept "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 system elements; certain forms and methods of activity.

Governed by in the most general sense, one can understand the purposeful impact of the subject of control on control objects 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 a goal-setting, that is, a constructive, thoughtful, organizing and regulating influence of people on their own social life, which can be carried out both directly (in the forms of self-government) and through specially bodies and structures created (government bodies, political parties, public associations, enterprises, societies, unions, etc.).

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

Defining the concept of "management", the classic of management A. Fayol calls 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, calculation, accounting, statistics, etc.);

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

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

- “To manage is to anticipate, organize, manage, coordinate and control;

Foresee, that is, take into account what is coming and work out a program of action;

To organize, that is, to build a double - material and social - organism of the enterprise;

To dispose, that is, to force personnel to work properly;

Coordinate, that is, connect, unite, harmonize all actions and all efforts;

Control, that is, make sure that everything is done in accordance with the established rules and given orders. "

The literature discusses several types of systems: technical systems (power 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 members of society belong to one or more organizations, that is, organizational relations are a characteristic feature of human existence.

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

Any management process has 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 performing the assigned tasks;

3) the presence of a subject and an 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 control object to the control subject, within the framework of which different methods, forms, methods, means and methods of management.

The following types of management are traditionally distinguished:

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

2) biological control (control of the vital processes of living organisms);

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

Each of these types of management is distinguished by its purpose, qualitative originality, specific features, and the intensity of management functions and operations performed.

Social management

Under social management the management in the sphere of human, social activity is understood; management of public relations, processes in society, the behavior of people and their teams, organizations in which people carry out labor or service activities. Joint social activities of people are carried out in various fields, for example, in the production and consumption of material goods, in the socio-political, ideological, ethical, cultural, family spheres. The processes taking place in these areas, which are sometimes distinguished by particular complexity and importance, require leadership, that is, bringing relations into a complete system, creating orderliness of social relations. In each area that has a qualitative originality, only special systems of management organization are acceptable.

Thus, the management principle is obligatory, in particular, for social system, in which two participants of management are distinguished - a subject and an object with direct and feedback links between them.

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

1) management - the process of consciously volitional influence of a specific subject of management on the corresponding objects;

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

3) management is a functional socio-legal phenomenon, that is, public administration is characterized by a variety of administrative functions performed;

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

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

6) management is carried out either to achieve general management objectives , either to solve administrative matters in specific areas of social or public life (management internal affairs, management in the field of foreign affairs, public order protection, 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; that is, it is a separate organization that has specific goals and objectives of management, organizational structure, powers and structure, interacts with other organizations.

Social management content is the ordering of social relations, regulation of the organization and functioning of the social order and public associations, ensuring conditions for the harmonious development of the individual, 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 he exercises in relation to other people. In each specific case, the subjects of social management are both individuals and organizations: state, public, international.

Social management includes the concept social and administrative activities,which is broader in relation to 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 execution of norms, rules, organization, leadership, coordination, accounting and control.

Creature organizational structure social management is a necessary but insufficient condition for achieving the set goals and objectives of management. The reality of management is ensured by its qualities such as organization, responsibility, subordination, strength, will. Taken together, they form a new quality - authority of management,that is, endowing the subject of management activities 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 power of management determines the emergence of organizational ties that ensure the subordination of participants in joint social activities to the will of the subject of management, his "dominant" will. Power is a necessary means of regulating social processes; it forms a single organizational and governing will that meets public interests and ensures the creation of a social order, democratic foundations of society.

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

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 establish standards for their behavior and actions;

2) is aimed at achieving the goals and objectives of management, which consist in satisfying public interests through the implementation of joint activities of people;

3) uses the available powers and functions;

4) is carried out on the basis of subordination of the participants in management activities to the single governing 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 government, communal government);

3) public administration (management in public associations and non-profit organizations);

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

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

Signsmanagement:

The quality of a holistic organized system is mandatory;

The presence of required 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;

Provided by a system of certain means.

Viewsmanagement: mechanical, technological, biological, social.

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

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

Common featuressocial 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) 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, the conscious-volitional behavior of which should change in accordance with the instructions of the subject;

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

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

The elementssocial management: a subject of management, an object of management, management ties (direct connections and feedbacks).

Subjectmanagement can be individual or collective.

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

Direct connections -purposeful organizing influence of the subject of control on the controlled object.

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

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

Stages of the management process:

Analysis of the management situation;

Elaboration and decision making;

Organization and execution of the decision;

Monitoring the implementation of the decision;

Summing up, making adjustments.

1.3. Social management functions: concept and types

Social management functions -due to the social purpose, the most typical, homogeneous, stable directions of managerial influence, corresponding to its purpose and objectives.

Signsfunctions of social management:

Determined by the social purpose of management;

They are characterized by a certain focus and stability;

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

They represent the direction of his active action;

Are predetermined by the set goals and objectives.

Depending on the the content and nature of the impactthe following control functions can be distinguished: general (common to all control systems); special (inherent in individual control systems, for example, the federal security service: counterintelligence activities, the fight against crime, intelligence activities); providing (create conditions for the implementation of general and special functions, for example, material and technical support; personnel; financial planning, etc.).

Depending on the directions of influencedistinguish internal and external functions.

Depending on the time of actionthere are permanent and temporary functions.

Are commoncontrol 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 is the creation of a sample (model) of certain management relations to anticipate the solution of management problems in the future;

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

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

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

Management - operational regulation of management relations, giving instructions to performers;

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

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

Accounting - fixation of information, expressed in quantitative terms, about the results of the state of the control system.

1.4. Public administration: concept, principles, goals

Public administration - in the broad sense - the activities of all state bodies in the implementation of the assigned powers, in the narrow sense - the subordinate, legally authoritative activities of the executive authorities of the Russian Federation and its subjects in the exercise of the assigned powers.

Signsgovernment controlled:

This is a type of state management activity;

The activity is of a legally imperious, executive and administrative nature;

Activities are carried out continuously, continuously and in a planned manner;

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

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 management activities entails the onset of negative consequences (legal restrictions).

goalpublic administration - the expected results to which the subject seeks in the implementation of management activities. The following control objectives are distinguished:

1) socio-economic - streamlining public life and meeting public interest; achieving economic prosperity, 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, contributing 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 required 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 rule of law, as well as organizational and functional formations.

Principlespublic 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 the executive authorities; control over the activities of executive authorities is carried out by the legislative and judicial authorities, the prosecutor's office, as well as by the population (public control);

Legality - the activities of executive authorities should be based on the exact and strict observance and implementation of the Constitution and laws, 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 the ongoing processes, establish existing patterns and take them into account when making management decisions and their implementation;

Scientificness - the application 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, that is, in accordance with the real state of the object of management and the resource of the subject of management;

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

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

Efficiency - the achievement of the goals of management activity should be carried out with a minimum expenditure of effort, money 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 the management system is based on a territorial basis (administrative-territorial division);

Linear - the type of organization of services and divisions carrying out executive and distribution activities, in which the leader, within his competence, has all the rights of management in relation to his subordinates;

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

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

The combination of one-man management and collegiality - the most important issues concerning 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 signs

Government - the ability and ability from the state to exert a certain influence on people's behavior using certain means.

Share the following branches (species)state power: legislative; executive and judicial.

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

Signsexecutive power:

It is an independent branch of the unified state power;

Acts as subordinate to the representative (legislative) power;

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

Possesses subject-functional independence;

Has unity, that is, it is carried out throughout the territory of the Russian Federation;

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

Its activities are of an executive and administrative nature;

It is universal, that is, it is carried out constantly and continuously;

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

1.6. Goals, functions and levels of executive power

Objectivesexecutive power:

1) ensuring the safety 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 subjects of social relations to exercise their rights, freedoms, and legitimate interests;

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

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

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

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

4) ensuring the legality and observance of the constitutional order in the country;

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

6) rule-making - the implementation in the prescribed manner of activities for the adoption of regulatory legal acts;

7) protective (jurisdictional) - the 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 levelexecutive power: federal executive power and executive power of the constituent entities of the Russian Federation.

To become a highly qualified lawyer, you need to know more than one branch of law, incl. it is necessary to know the basic concepts of administrative law. To help novice lawyers and law students, we have put together all the necessary information about (everything about) administrative law, consider: concepts, types, norms, features, signs, subjects, sources, functions, principles and much more about administrative law, which is called "From and To".

The content of the article (navigation):

Considered basic concepts of administrative law

The concept of Administrative law and its features

The concept of Administrative law as a branch of law

First, we will reveal the concept of administrative law from the point of view of the branch of law. Term "Administrative law" short and in simple words - this is a branch of Russian law, which is a set of legal norms intended to regulate public relations with executive authorities, as well as relations of an intra-organizational nature at enterprises, institutions, organizations.

Consider complete definition administrative law in the Russian Federation. Administrative law - a branch of the Russian legal system, which is a set of legal norms that regulate social relations that develop in the process of implementing the tasks and functions of state authorities, local self-government in the implementation of executive and administrative activities, as well as relations of an intra-organizational nature at enterprises, institutions, organizations.

The concept of Administrative law as a science

And now we will reveal the concept of administrative law from the point of view of science (administrative-legal doctrine). Term "Administrative law"like science short and in simple words - it is a part of Russian legal science, a system of scientific views and ideas, knowledge and theoretical provisions on the branch of administrative law and on the subject of its regulation.

Consider complete definition administrative law in the Russian Federation as a science. Science "Administrative Law" - this is an integral part of legal science, defined as a system of state and administrative, administrative views, ideas, ideas about the laws governing relations in the field of public administration, about its social conditioning and efficiency, about the laws, reform and development trends of administrative legislation, about the principles of administrative law, history and development prospects.

Signs of administrative law

Jurists have been describing the signs of administrative law for a relatively long time. There are the following signs branches of administrative law:

• is one of the fundamental branches of public law;
• is a set of legal norms;
• has a separate subject of legal regulation - management relations arising both in the field of public administration and in other areas;
• has its own method of legal regulation;
• has internal consistency, consists of certain elements;
• has an external expression, i.e. fixed in certain source forms.

The concept of norms, types of norms of administrative law, features and structure of norms

In this section, we will explain to you what the term norms of administrative law means and describe in detail the types of administrative law, or rather the types of norms of administrative law. Also, we will describe in detail the structure of the norms of administrative law and the features of the norms of administrative law.

The concept of the norm of administrative law

A question is often asked about the concept of a norm of administrative law, so we decided to present it here. Administrative and legal norms - these are the rules of conduct established by the state that regulate relations in the sphere of public administration, as well as relations of a managerial nature that arise in the process of exercising state power.

The norms of administrative law in the Russian Federation determine the procedure for the creation, reorganization and abolition of executive bodies, their list, goals and objectives of their activities, competence and other aspects of the legal status of these bodies, their structure and procedure for their activities. They also apply to the organization of local self-government, and the procedure for interaction of its bodies with public authorities.

The norms of administrative law, in addition, establish the procedure for the creation, reorganization and abolition of managed objects - enterprises, institutions and organizations and regulate many aspects of their activities, regardless of the form of ownership, their relationship with public administration bodies. The norms of administrative law also establish the procedure for forecasting, planning and pricing, the distribution of material resources, and the regulation of wages.

The structure of the rules of administrative law

So, The structure of the rule of administrative law - the method and form of the relationship of its elements. These elements are hypothesis, disposition and sanction... At the same time, encouragement is inherent in the norms of administrative law.

Highlighted elements of the structure of the rules of administrative law:

• Hypothesis characterizes the conditions under which the provisions of the relevant legal norm should be applied. In fact, the hypothesis provides for the circumstances that serve as the basis for the emergence, change, termination of administrative legal relations. The hypothesis is usually absent in the administrative and legal norms governing the organization and activities, as well as defining the powers of government bodies and their officials. In administrative legal norms providing for the composition of administrative offenses, the hypothesis merges with the disposition. A hypothesis may also be found not in the administrative legal norm itself, but in the general provisions of the normative act (introductory part, preamble) and even in other legal provisions.
• Disposition is a formulation of a rule of proper conduct. This element of the structure of the administrative-legal norm is expressed in direct prescriptions that establish mandatory rules of conduct, prohibitions, restrictions on certain actions.
• Sanction - this is an indication of the measures of responsibility applied in case of violations of an administrative-legal norm. Most often, sanctions include a measure of disciplinary or administrative action on the offender.

Features of the norms of administrative law

There are the following features of the rules of administrative law:

• are a kind of legal norms;
• the object of regulation is a special kind of social relations - managerial;
• administrative and legal norms are a means of realizing public interests in the field of public administration;
• established by state authorities, local self-government, administration of enterprises, institutions, organizations;
• are contained in normative legal acts of various legal force (laws and by-laws);
• are representative and binding;
• are provided with measures of state coercion;
• pursue the goal of ensuring proper management order;
• in many cases, they regulate social relations that are the subject of other branches of law (financial, land, environmental, labor, etc.).

Types of administrative law (types of norms)

The types of administrative law, or rather the types of administrative legal norms, have been well researched in the legal literature and studied by many legal scholars. Therefore, it is possible to carry out a different classification of administrative and legal norms, depending on the grounds that underlie the classification. Let's list the existing types of administrative and legal norms.

By intended purpose:

• Regulatory - containing the rules of constructive, normal activity;
• Protective - designed to provide protection, protection of the relations regulated by legal norms.

• Material... They legally establish a set of duties, rights, as well as the responsibility of participants in regulated public relations, that is, in fact, their administrative and legal status.
  for example, FZ-79 "On the state civil service of the Russian Federation" dated July 27, 2004 defines the state service as a professional activity to ensure the execution of the powers of state bodies. This norm is static, since it only fixes the possibility of acquiring the status of a civil servant described in it in a general form.
• Procedural... According to their purpose, they determine (regulate) the procedure or procedure for the implementation of obligations and rights established by the norms of substantive administrative law within the framework of regulated management relations.
  In particular, they determine the procedure for admission to civil service and its passage.

By the method of exposure:

• Binding, i.e. containing a legal requirement to act in the prescribed conditions as appropriate.
  for example, to perform certain types of work, you must obtain a license (official permission); upon admission to the civil service, the relevant officials are required to issue an order; the emerging commercial association is obliged to undergo state registration with the justice authorities, etc.
• Prohibiting, i.e. providing for a ban on the commission of certain actions in the conditions determined by this rule.
  for example, the general is the prohibition of actions (inaction) falling under the signs of administrative offenses (Code of Administrative Offenses of the Russian Federation); it is prohibited to consider a complaint by an official whose actions are the subject of a citizen's complaint, etc.
• Authorizing (permissible), i.e. providing the addressee's ability to act within the framework of the requirements of this norm at his own discretion. There is a permission that makes it possible to choose one or another option for action (inaction), but within the framework of a certain legal regime created by this rule.
  for example, the citizen is given the opportunity to independently resolve issues related to the practical implementation of his subjective rights and freedoms in the field of public administration (for example, the right to appeal against illegal actions of officials). If we are talking, for example, about officials, then in relation to them, permissible norms mean an independent choice of a certain option of behavior, but not arbitrary, but one of those proposed by this norm. Thus, officials exercising control and supervisory powers can apply to the violator of the relevant rules of conduct one of the administrative coercion measures provided for by the administrative legal norm.
• Stimulating (incentive), i.e. ensuring proper behavior with the help of appropriate means of material or moral impact on participants in regulated management relations.
  for example, tax or other benefits, the use of concessional lending, etc.
• Recommendations, i.e. making it possible to search for the most appropriate options for solving certain problems.
  for example, recommendations on the most effective organization of the work of state tax inspectorates on the application of sanctions for violations of tax legislation.

On subjects of action:

• By action in space (territorial scale): federal, acting on the territory of a constituent entity of the Russian Federation or a region, intersectoral, sectoral, local (intra-organizational). The action of administrative and legal norms in space is associated with the position of the body that issued the act;
• In a circle of faces: generally binding for all subjects, for special subjects (certain groups of persons).

By legal force:

• legislative acts;
• regulations - may be contained in decrees of the President, decrees of the Government, orders and decrees of departmental bodies, decrees of heads of administrations.

By expiration date:

• Temporary... If the validity period of the norm is predetermined, then it is temporary, urgent. The urgent norm, if it is not canceled ahead of schedule, terminates automatically when a predetermined date comes;
• Permanent... Permanent norms are valid indefinitely, their validity period is not predetermined, they remain in effect until they are canceled.

At the address regulating:

• administrative and legal status of a citizen;
• administrative and legal status of commercial organizations;
• the administrative and legal status of public associations and other non-profit organizations;
• administrative and legal status of executive authorities;
• administrative and legal status state enterprises and institutions;
• the administrative and legal status of civil servants;
• various issues of the organization and activities of the executive branch.

By the scale of the action:

• federal regulations;
• norms of the subjects of the Russian Federation;
• local government norms.

Regulated object:

• Are commonregulating the most important aspects of administrative regulation and having wide application. Such norms are aimed at all spheres and branches of government;
• Intersectoralregulating all or several branches of government, with a special character. For example, the administrative rules found in customs legislation;
• Industryregulating management relations arising in certain sectors of the executive branch.

By action in time:

• urgentfor which the validity period is determined;
• indefinite, i.e. their validity period is not specified and they remain valid until canceled by the competent authority.

The concept of the Subject of administrative law and their types

The concept of the subject of administrative law

First, we will reveal the concept of subjects of administrative law. Term "Subject of Administrative Law" short and in simple words - this is a specific participant in administrative-legal relations in which he enters either by on their own (discretion), or by virtue of a duty imposed on him by a special legal norm.

Consider complete definition subjects of administrative law in the Russian Federation. Subject of administrative law - this is a specific participant in relations that meet special characteristics enshrined in the norms of administrative law, which make it possible to acquire and exercise rights and obligations on the basis of such norms, which he enters into either at his own request (discretion), or by virtue of the obligation imposed on him by a special legal norm.

for example, a citizen can challenge a decision adopted by an executive authority in court if he believes that it violates his rights and freedoms. However, he does not have to challenge this decision. An official holding a civil service position in an executive body is obliged to protect the rights and freedoms of citizens and, if necessary, take appropriate measures to ensure them. The prosecutor is obliged, if there are sufficient grounds, to initiate proceedings in the case of an administrative offense; this decree is the implementation of its legal status. Examples of implementation by subjects of administrative law of their legal status are very, very numerous.

Traditionally the subject of administrative law is a natural or legal person (organization) who, in accordance with the norms established by administrative legislation, participate in the implementation of public administration, the implementation of the functions of the executive power.

Types of subjects of administrative law

• individual subjects (natural person, citizen, stateless person, foreigner, official, etc.);
• collective entity (an individual: participants in a rally, demonstration, picketing, strike, etc .; a legal entity, organization, structural unit, state, local government, etc.);
• special subject.

Under individual subject administrative law is understood as an individual (person) participating in administrative legal relations. Taking into account the peculiarities of administrative law, in which the overwhelming majority of legal relations are of the nature of "submission to power", individual subjects have a number of features that significantly distinguish them from subjects of other branches of law. Depending on the quality of which party in administrative legal relations an individual subject participates, his legal capacity and legal capacity are determined.

As collective actors administrative law is represented by various organizations and associations. Moreover, in administrative law, a collective entity does not necessarily have to have the status of a legal entity. Thus, participants in a meeting, demonstration, picketing, strike, etc. are recognized as a collective subject in administrative law. The bodies of executive power of the state and local self-government, enterprises and institutions, public organizations and associations, etc. act as subjects of administrative law.

Administrative law also provides for the concept special entity, whose legal status has a number of features that distinguish it from other subjects of administrative law. There are the following special subjects of administrative law: members of administrative teams; subjects of administrative guardianship; subjects of the licensing system; residents of territories with a special administrative and legal regime; subjects of administrative supervision, etc.

Subject of administrative law

In this paragraph, we will reveal the concept of the subject of administrative law. Term "Subject of the branch of administrative law" short and in simple words - public relations, which are regulated by the norms of administrative law.

Consider complete definition the subject of the branch of administrative law in the Russian Federation. Subject of administrative law - a set of public legal relations that develop in the process of organizing and operating the executive branch, other state bodies and officials, at enterprises, institutions and organizations.

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

1. managerial relationship - are executive and administrative activities. Within the framework of these legal relations, the goals, objectives, functions, powers of the executive branch are directly implemented;
2. organizational legal relationship - auxiliary. Organizational legal relations are implemented in the process of forming the composition of state bodies, distributing rights, duties and responsibilities among them in general when forming the management structure;
3. control legal relationship - like any other type of activity, the implementation of public administration is controlled by specialized bodies. To some extent, control powers are characteristic of any state body, but for some bodies this function is the main one. The method of administrative and legal regulation is a set of means and methods of influencing management relations, on the behavior of their participants.

The concept of the Sources of administrative law, their Types and its System

Perhaps you are wondering what are the sources of administrative law? Therefore, in this section, we decided to consider the interpretation of the term source of administrative law, types of sources and the system of sources.

Concept of Sources of Administrative Law

Consider complete definition sources of administrative law in the Russian Federation. Sources of administrative law - these are external concrete forms of expression of administrative and legal norms, i.e. I mean legal acts of various state bodies containing this kind of legal norms (otherwise, normative acts).

Types of sources of administrative law

Also, often people are interested in what types of sources of administrative law are, then we will talk about them in more detail.

Legal sources of administrative law are divided into the following types:

• federal sources of law (adopted by federal government bodies and operating throughout the country);
• sources of law of the subjects of the Russian Federation (accepted by the state authorities of the constituent entities of the Russian Federation and operating on the territory of this constituent entity).

Among federal legal sources administrative law include:

• the constitution of the Russian Federation;
• international legal treaties and agreements;
• federal constitutional laws; federal laws;
• resolutions of the State Duma and the Federation Council of the Federal Assembly; decrees of the President of the Russian Federation; RF Government regulations;
• legal acts establishing the legal status of federal ministries, federal services and federal agencies;
• normative acts of federal ministries and other federal executive bodies.

At the level subjects of the Russian Federation sources of administrative law are:

• legislative and other normative acts of representative and executive bodies (constitutions of republics - subjects of the Russian Federation, charters of territories, regions, cities of federal significance, an autonomous region, autonomous regions);
• legal acts of local self-government bodies, their administration and executive bodies, adopted within the powers granted to them.

The system of sources of administrative law and its features

Allocate six features systems of sources of administrative law (SIAP):

1. Administrative legislation forms its core (as opposed to the system of sources of criminal law);
2. administrative and administrative procedural legislation are under the joint jurisdiction of the Russian Federation and its subjects (in accordance with);
3. variety of sources;
4. consists of a huge number of sources included in SIAP;
5. sIAP mobility and variability;
6. the complexity of systematization of administrative and legal norms and the impossibility of their uniform codification.

Administrative law methods and their essence

Administrative law uses various techniques and methods to regulate administrative relations. And first of all, the methods characteristic of all (or many) branches of law. Comparing with the methodology of the general theory of law, we can say that all this is applicable to the method of administrative law. Any branch of law, including administrative law, uses three main methods:

1. Prescription: the establishment of a certain order of actions - a prescription for action in the appropriate conditions and in the proper manner, provided for by this administrative legal norm. Failure to comply with this procedure does not entail legal consequences, the achievement of which the norm is guided by;
2. Ban: prohibition of certain actions on pain of applying appropriate legal remedies (for example, disciplinary or administrative liability). So, it is forbidden to send citizens' complaints to the consideration of topics officialswhose actions are the subject of the complaint; the officials at fault are disciplined for violation of this prohibition;
3. Permission: providing the opportunity to choose one of the options for proper behavior, provided for by administrative law. As a rule, this method is designed to regulate the behavior of officials, and the latter have no right to evade such a choice. This is a "hard" version of permission, which makes it possible to exercise independence when deciding, for example, the issue of applying to a person who has committed an administrative offense, one or another measure of administrative action (punishment) or releasing him from liability.
   Permission is also expressed in providing the opportunity to act (or not to act) at its discretion, that is, to perform or not to perform the actions provided for by the administrative-legal norm in the conditions determined by it. As a rule, this is the case when exercising subjective rights. For example, a citizen himself decides whether it is necessary to appeal against the actions of an official, which he assesses as illegal. This is a “soft” version of permission. In this regard, it should be emphasized that, in fact, permissible options for control action have all the features of an official permission to perform certain actions.

According to another classification in legal theory there are two main methods legal regulation - imperative and dispositive, which are characteristic of two large, opposite in their legal nature and purpose, blocks of legal branches - public (for example, administrative, state (constitutional), procedural) and private (for example, civil, labor) law.

1. Imperative method of legal regulation - This is the method of imperative prescriptions, characteristic primarily of administrative law. This method is distinguished by imperative principles of regulation of relations and is characterized by relations of subordination (subordination), the establishment of the appropriate legal status of subjects of law. For example, the system of legal regulation of law enforcement or military service includes many mandatory legal characteristics that determine the proper structure and functioning of these types of public service. At the same time, the relationship between law enforcement officers or military personnel is based on direct subordination, command and control, and centralization;
2. Dispositive method presupposes the establishment of legal equality of participants in legal relations, the freedom to exercise their will. This method is used mainly in the branches of private law (civil, labor, family). The legal fact in this case is, as a rule, an agreement in which the parties independently on an equal basis establish the rights, obligations and responsibility for violation of its provisions. The dispositive method can be used within certain limits and in the system of administrative and legal regulation, for example, when concluding administrative contracts, distributing state functions between public authorities.

The system of administrative law and its parts

In this section, we will explain to you what the term administrative law system means and describe in detail the parts of the administrative law system.

The concept of the system of administrative law

Let's open the concept of "administrative law system" and describe its parts. So, Administrative law system - it is the internal structure of administrative law as a branch of law, a set of interrelated and interdependent legal institutions and norms that regulate social relations in various spheres and branches of management.

Parts of the Administrative Law System

As promised, we will consider parts of administrative law. Originally a system of administrative law divided into two parts:

1. IN common part includes norms containing principles, methods of management (subject, forms and methods, subjects of administrative law, responsibility for administrative law, administrative process);
2. IN special part - specific norms governing certain areas of activity with the participation of the executive branch (economic sphere, socio-cultural sphere, administrative and political sphere, intersectoral).

In its turn, a common part system of administrative law consists of:

1. General provisions and general principles of administrative law (subject of AP, AP method, system of administrative law, administrative legal relations, sources, norms of AP, subjects of AP-relations);
2. The main issues of organizing the activities of executive authorities (issues of the system of federal OIV and OIV of the subjects of the federation; the legal status of individual federal OIV and OIV subjects);
3. Sub-industry - service law (institute of civil service positions, institute of the legal status of civil servants, institute of civil service);
4. Institute of Special Administrative and Legal Statuses (refugees, unemployed, individual entrepreneurs, etc.);
5. Institute of Administrative Procedures (regulates the order of execution of state functions);
6. Institute of Administrative and Legal Compulsion;
7. Administrative and tort law;
8. Administrative proceedings.

Compared to the common part, special part system of administrative law, does not have a complete system and structure of the branch of legislation, but there are two approaches to a special part of the system of administrative law:

• By spheres of management, within which three areas are distinguished:
  • 1) management in the field of administrative and political activities (state. Management in the field of defense, security);
  • 2) management in the economic sphere of the state (public property management);
  • 3) management in the socio-cultural sphere of the state-va (in the field of science, culture, etc.).
• Sub-industry - the main element of the Special Part, which is grouped according to a specific subject of regulation, the dominance of the administrative-legal method and the presence of a relatively separate regulatory framework: customs law, educational law, town planning law, antitrust, medical, transport, public, state security law, etc.

The structure of administrative law

In this section, we will reveal one of the essential parameters, the concept of the structure of administrative law. Definition (term) "The structure of administrative law" - a set of norms constituting administrative law, united into institutions, sub-branches and parts of administrative law.

However, the lighting of the structure is also possible in non-traditional ways. Doctor of Legal Sciences Yu.N. Starilov, for example, proposes to consider administrative law as a set of segments of law that combine norms on a functional basis. Thus, general administrative law is presented to the professor by a system of general norms that determine the essence of administrative and legal regulation in its entirety and in relation to all subjects of law and regulate the four largest blocks of relations:

• organizational and management lawregulating relations in the field general organization management and its implementation in various industries and spheres;
• management process, i.e. the procedure for performing management actions, establishing management procedures, adopting and executing legal acts of management (normative and individual), an administrative contract;
• administrative process (administrative proceedings), i.e. judicial protection of citizens from actions and decisions of public authorities that violate their rights and freedoms (consideration by the court of a citizen's complaint against actions and decisions of government bodies, officials, state and municipal employees); the Russian science of administrative law defines judicial protection of the rights and freedoms of citizens from actions and administrative acts that violate the rights of freedom of citizens by the term "administrative justice";
• administrative tort law, establishing the so-called administrative-tort (administrative-jurisdictional) relations, i.e. relations that arise in the process of applying administrative coercion measures by authorized bodies and officials to entities that violate the rules of conduct that are binding on everyone; administrative-tort law, according to Yu.N. Starilova, consists of two parts: substantive administrative-tort law and procedural administrative-tort law.

The concept of management in administrative law and their types

In this section, we will explain to you what the term management in administrative law means and describe in detail the types of management in administrative law.

Management concept in administrative law

A question is often asked about the concept of management in administrative law, so we decided to present it here. "Management in administrative law" - these are executive and administrative actions carried out using the method of power and subordination, aimed at the functioning of complex systems, designed to ensure their safety, to support the mode of activity.

Types of management in administrative law

The types of management in the branch of administrative law have been studied by many legal scholars. Therefore, it is easy to list the existing types of management in the branch of administrative law.

There are the following types of management in administrative law:

• state;
• collective - regulation at the collective level;
• family.

By methods of influence distinguish between the following views:

• mechanical;
• technological;
• social;
• biological.

Functions of administrative law concept and types

In this section, we will explain to you what the term administrative law functions means and describe in detail the types of administrative law functions.

The concept of the function of administrative law

The functions of administrative law determine its significance and role in the establishment of administrative legal relations, reflect the nature and role of administrative public relations arising in the sphere of organization and functioning of the executive branch.

Types of functions of administrative law

The types of functions of administrative law have been described by many legal scholars. Taking into account the structure of the general part of administrative law, there are two main functions administrative law: regulatory and protective... In turn, the regulatory function consists of five subspecies. So, we list the types and subspecies of functions of administrative law:

• Regulatory function is expressed in the impact on public relations through the establishment of rights, obligations, prohibitions, restrictions, powers, competence of subjects of administrative law. For example, legal norms establish the concept and types of positions in the civil service, the rights and main duties of civil servants, the procedure for performing service, the procedure for attesting civil servants, the need to conclude a service contract. Subtypes of the regulatory function:
  • 1) Organizational the type of this function of administrative law ensures the proper level and limits of normative legal regulation of the organization and functioning of both the executive branch and all types, forms and methods of public administration.
  • 2) Executive view this function contributes to the implementation by the subjects of administrative-legal relations of their legal status. Administrative law in this sense ensures the execution of the Russian administrative legislation governing relations in the field of public administration, organization and functioning of the executive branch.
  • 3) Permissive view This function of administrative law is implemented in the establishment by it of permissive administrative-legal regimes, that is, in the determination of the system of permissive proceedings applied in many institutions of administrative law. In this case, administrative and legal regulation allows to carry out in due volume such a function of public administration as permitting any activity, determining the corresponding legal status of participants in administrative and legal relations.
  • 4) Normative view this function of administrative law is arbitrary from the function of lawmaking, carried out by state executive bodies. At the same time, the procedure for the adoption of regulatory legal acts by federal executive bodies is established by the corresponding regulatory administrative legal acts. Administrative rule-making is based on the law, so it is lawful, that is, consistent with the principle of legality.
  • 5) Control and supervisory view this function of administrative law is manifested in the need to carry out the function of control and supervision in the established area of \u200b\u200bactivity specifically established bodies federal executive power, their territorial bodies in the constituent entities of the Russian Federation, as well as the corresponding regional bodies of state executive power.
• Protective the function is manifested in the influence of administrative law on the subjects of public relations, prompting them to comply with the administrative legal norms established by the state. When implementing the protective function of administrative law, administrative coercion can be used, as well as measures of legal responsibility, restorative sanctions. The protective function of administrative law is implemented through the relevant types of activities of state bodies, state and municipal employees, and other subjects of administrative law. A civil servant has the right, for example, to apply to the relevant state bodies or to the court to resolve disputes related to the civil service, including on issues of attestation, disciplinary responsibility of an employee, non-observance of guarantees of legal and social protection civil servant, dismissal from service.

Principles of Administrative Law

In this section, we will explain to you what the term principles of administrative law means and list in detail the basic principles.

The main principles are:

1. The principle of equality before the law... According to Art. 1.4 of the Administrative Code of the Russian Federation, persons who have committed administrative offenses are equal before the law. Individuals are subject to administrative liability regardless of gender, race, nationality, language, origin, property and official position, place of residence, attitude to religion, beliefs, membership of public associations, and other circumstances. Legal entities are brought to administrative responsibility regardless of the location, organizational and legal forms, subordination, and other circumstances. Special conditions for the application of measures to ensure the proceedings in a case of an administrative offense and bringing to administrative responsibility officials performing certain state functions (deputies, judges, prosecutors and other persons) are established by the Constitution of the Russian Federation and federal laws.
2. The principle of the presumption of innocence is enshrined Art. 1.5 of the Administrative Code, according to which a person is subject to administrative responsibility only for those administrative offenses in respect of which his guilt has been established. A person in respect of whom an administrative offense case is being conducted shall be considered innocent until his guilt is proven in the manner prescribed by the Administrative Code and established by an effective decision of the judge, body, official who considered the case. A person brought to administrative responsibility is not obliged to prove his innocence. Irremovable doubts about the guilt of a person brought to administrative responsibility are interpreted in favor of this person.
3. Priority principle interests of the individual in the life of society. reads: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state. " The state, including in the process of exercising executive power, guarantees the rights and freedoms of citizens, ensuring their protection.
4. The principle of ensuring the rule of law when applying measures of administrative coercion in connection with an administrative offense, it is established that a person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure the proceedings in a case of an administrative offense otherwise than on the grounds and in the manner prescribed by law. The application by an authorized body or official of administrative punishment and measures to ensure proceedings in a case of an administrative offense in connection with an administrative offense is carried out within the competence of the said body or official in accordance with the law. When applying measures of administrative coercion, decisions and actions (inaction) that humiliate human dignity are not allowed.
5. The principle of separation of powers - one of the most important conditions for the functioning of the rule of law. Each branch of government (executive, legislative and judicial) must be independent, which implies the prevention of substitution of one branch of government for another, excludes the invasion of, for example, the legislative branch of the executive branch and implies the business interaction of all branches. Only in this case, public administration will be effective, and the interests of the individual are guaranteed and protected. The proper implementation of the norms of administrative law is possible if this principle is observed.
6. Principle of legality involves the application of administrative and legal norms of law in strict accordance with the Constitution, laws of the Russian Federation and other regulations.
7. The principle of publicity means that acts of administrative rule-making, as a rule, come into force no earlier than from the moment of their official publication. Administrative legal acts, activities of executive bodies, results of administrative legal regulation, etc. must be in the public domain. In addition, when issuing and implementing the norms of administrative law, the opinion of citizens, public associations, etc. should be taken into account.
8. The principle of responsibility... The established norms of law must be respected, otherwise violators will be held liable. At the same time, administrative responsibility should be imposed in the manner prescribed by the Administrative Code, in the amount and by the state bodies competent for this.

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Information sources

LLC "PravoAction" sincerely thanks the following sources for providing information on administrative law: ru.wikipedia.org; pages www.grandars.ru:, no. 3; be5.biz.

Question 1

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

Management - actions of an administrative nature, aimed at the functioning of complex systems, designed to ensure their safety, to support the mode of activity.

The object, subject and content of management are distinguished.

The object of management is various systems and their components (people, phenomena, events, etc.).

The subjects of management are always people. There are two groups of subjects of management:

1) sole proprietors;

2) collegial (groups of people). The content of management is a legal relationship arising in the course of management activities, including the impact on objects through coordination, direction of various actions, processes by the subject of management by applying appropriate methods and mechanisms.

There are three types of management: technical, biological, social:

1) technical - the management of objects based on technical rules (physical, mathematical), for example, control of machine tools, complex machines, etc .;

2) biological - the management of biological processes taking into account the laws of nature, the patterns of development of certain organisms (poultry farming, selection, animal husbandry, etc.);

3) social - people management. In this case, both groups of people (labor collective, students, etc.) and individuals can act as an object of management. The most complex in its structure is the administration 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-willed character, that is, it is carried out on the basis of the priority of the will of the subjects of management, the assignment of special rights to them;

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

Control types:

- state;

- collective - regulation at the collective level;

- family.

Public administration is a type of social administration, the functioning of which is associated with the formation of a special branch of law - administrative law. The main sphere of application of the norms of administrative law is precisely public administration.

Public administration is the organizing influence of the entire state apparatus on an extremely wide range of social relations by all means available to the state.

Subtypes of social management are also distinguished:

1) family social - carried out within the family;

2) public social - leadership of individual organized groups of people (political parties, religious organizations, etc.);

3) municipal - management at the local level;

4) state social.

Social management is a type of management, a process of influencing society, social groups, individual individuals in order to streamline their activities, increase the level of organization of the social system. Common features of social management: exists where there is a joint activity of people and their communities; provides an orderly impact on participants in joint activities; aimed at achieving a specific management goal; characterized by the presence of a subject and an object of control; the subject of management is endowed with a certain power resource; the control object is a subject subject, the conscious-volitional behavior of which must change in accordance with the instructions of the subject; is implemented within the framework of a certain mechanism. Types of social management: state government, local (municipal) self-government, public self-government. Elements of social management: subject of management, object of management, management ties (direct connections 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 distinguished. Direct connections are the purposeful organizing influence of the subject of control on the controlled object. Feedback is a channel of informational influence of the control object on the control subject in order to inform about the implementation of the administrative tasks assigned to it. The management cycle is a set of interrelated, logically determined management stages, characterized by certain tasks and the composition of participants. Stages of the management process: analysis of the management situation; development and decision making; organization and execution of the decision; control over the implementation of the decision; summing up, making adjustments.

Public administration (. public administration) - the activities of public authorities and their officials on the practical implementation of a public policy developed on the basis of appropriate procedures. Public administration activities are traditionally opposed, on the one hand, to political activities, and on the other hand, to policy-making activities.

In the theory of public administration, there are three main approaches to formulating the basic principles of public administration:

• legal approach;
• political approach;
• management approach.

According to the legal approach, the key values \u200b\u200bof public administration are the values \u200b\u200bof the rule of law and the protection of citizens' rights. A civil servant is subordinate not so much to his leadership as to the requirements of the rule of law and the Constitution.

According to the political approach, the main task of public administration is the best possible embodiment of the will of the people. Civil servants must be politically responsible (accountable), receptive to the current interests of citizens. In order to implement this, it is sometimes proposed to implement the concept of "representative bureaucracy", within which the executive authorities should be a miniature social model of society. It is assumed that in this situation it will be easier for the departments to take into account the interests of the society, and the opportunities for discrimination of certain groups will be reduced.

According to the managerial approach, the main values \u200b\u200bof public administration should be efficiency, economy and efficiency, formulated, if possible, in a quantifiable (measurable) form. The main problem posed in this approach is how to provide the desired result at the lowest cost, or, alternatively, how to get the maximum result at a given cost. A characteristic feature of this approach is the use of the concept of "public management" as a synonym for the concept of "public administration".

Common to all three approaches is the problem of compliance of the actions of civil servants with the principles formulated in advance:

• adherence to the rule of law (legal approach);
• following the will of the people (political approach);
• following the goal of obtaining the desired socio-economic result (managerial approach).

The assessment of how this problem is being solved is called the quality of public administration. Each approach uses different indicators of the quality of public administration as the main ones.

To understand the essence of executive power, bodies and subjects of executive power, it is methodologically important to resolve the issue of the relationship between public administration and executive power.
Even in clause 13 of the Declaration "On the State Sovereignty of the RSFSR" dated June 12, 1990. The separation of legislative, executive and judicial powers was proclaimed as the most important principle of the functioning of Russia as a rule of law.
After the adoption of the Constitution of 1993. the concept of "executive power" has become legislatively enshrined. This was followed by an almost automatic withdrawal from the normative practice of the terms "management", "public administration", "government body". As a result, all government bodies (at different levels) began to be referred to as executive authorities. In fact, there was a mechanical change in the legislative terminology, which broke the continuity in the names of state bodies and complicated the activities of the state apparatus.

But the Constitution of the Russian Federation and current legislature The Russian Federation has not been offered a synonym for public administration. They say nothing, for example, about executive activity; the subjects of this activity are obvious, but its nature is not defined. Meanwhile, the system of separation of powers proceeds from the fact that each branch of the unified state power is implemented in the activities of their subjects. Therefore, public administration by its purpose is nothing more than a type state activities, within which the executive branch is practically implemented.
Consequently, state administration is practically carried out within the framework of the system of state power based on the principles of separation of powers. The executive power, as a manifestation of the unified state power, acquires a real character in the activities of special units of the state apparatus, which are currently referred to as executive bodies, but in essence they are government bodies. In a similar sense, public administration, understood as executive and administrative activities, is not opposed to the implementation of executive power, understood as the activities of the subjects of this branch of power.
In the science of administrative law, by now there has been a stable position that the concept of "public administration" is broader than the executive branch.

The latter, in a sense, is derived from government administration. It is designed to determine the scope and nature of state and power powers exercised in the process of state administration. On the other hand, public administration is the kind of activity that is aimed at the practical implementation of the executive branch. The executive branch essentially constitutes the content of public administration activities, expressing, first of all, its functional (executive) orientation. Accordingly, all subjects of executive power are simultaneously links of the state administration system.
The sphere of public administration is a concept, the boundaries of which in modern conditions are determined not only by the practical activities of the implementation of executive power, i.e. actually by the work of the subjects of this branch of state power, but also by all other manifestations of state-managerial activity (for example, the activities of managerial links by their nature, which are not direct subjects of executive power).
State administrative activity is the functioning of the subjects of the executive power and other parts of the state administration for the implementation of their tasks and functions.
Government bodies - executive authorities and other links that carry out state management activities to a certain extent.
Executive bodies - all subjects of state management activity, including subjects of executive power, as well as government bodies operating outside
practical implementation of executive power (for example, executive bodies of the local self-government system, life management bodies of enterprises, institutions, public associations, commercial structures).
Until now, the legislation of the Russian Federation has not yet finally developed a unified terminology relating to the executive branch.
Thus, the current legislation of the Russian Federation, along with the widespread use of the term “executive bodies”, often contains references to “executive bodies”, “government bodies”, “executive bodies of state power”, etc.
As already mentioned, most scholars rightly point out that government bodies can be considered executive bodies. “Because there was no place for the terms“ public administration ”or“ government bodies ”in the Constitution of the Russian Federation, practical public administration did not cease to be constantly and continuously carried out through the formation and empowerment of special executive bodies of state power.”
Quite a lot of scientific publications are devoted to the problem of the legal nature of the executive branch (see, for example, the works of I.L.Bachilo, A.F. Nozdrachev, Yu.N. Starilov, Yu.A. Tikhomirov, etc.), some of them were already are mentioned in this work. The authors also pay attention to the relationship between the concepts of "executive power" and "public administration".
It is noteworthy that immediately after the adoption of the Constitution of the Russian Federation in 1993, the terms "public administration" and "government bodies" were practically no longer used both in legislation and in specialized literature.
Some scholars, but their minority, believe that "the term" public administration "will gradually disappear from the lexicon of Russian law." Most scientists consider it inappropriate
exclude them from circulation, since the system of public administration operating in practice as a concept is broader than the concept of "executive power". One should agree with the opinion of Yu.N. Starilov, who believes that "public administration as a type of state activity only by virtue of its constant practical existence will never lose its meaning and will not change its name."
One can fully agree with the opinion of Professor I.Sh. Kilyaskhanov, who asserts that “if we talk about state administration, understood as the activities of bodies representing all“ branches ”of state power, then the ratio of these concepts can be represented as the ratio of the categories“ general ”and“ particular ”. In this case, public administration is perceived as more general concept... Having analyzed the relationship between the concept of executive power and public administration, one can come to the conclusion that one should not automatically substitute one term for another. Public administration activity has always been necessary, and is preserved as such today. Over time, there are changes in the forms and methods of this activity, which are determined by the conditions of social development in a particular period of development of the state, especially during the period of reforms. From the point of view of administrative law, the concept of "public administration" is broader in comparison with the concept of "state regulation". From another point of view, considering government regulation as the main method of management in the economy, government regulation is used more widely in comparison with direct government management, while using largely indirect means of control (taxes, benefits, etc.).

The subject of administrative law is a system of social relations governed by administrative and legal norms. The subject of administrative law includes five constituent parts.

Firstly, these are social relations that arise in the process of implementing executive power, exercising state administration at all its hierarchical levels: from the President of the Russian Federation to the administration of state enterprises, institutions and organizations. This refers primarily to external activities bodies of executive power, the entire system of public administration bodies, for the implementation of which they were actually created, namely, the organization of the economy, socio-cultural and administrative-political activities.

Secondly, these are intra-organizational relations of all state bodies, which are basically the same, similar, and the same type regardless of where they are carried out: in the executive, legislative or judicial bodies. These relationships cover information and analytical work, office work, recruitment, relocation, dismissal, disciplinary responsibility, incentives, logistics, etc. All this activity is of an auxiliary, security nature and is regulated by the norms of administrative law.

Thirdly, the subject of administrative law includes the functioning of state control, which is carried out on the territory of the entire Russian Federation on behalf of the state, being endowed with state-power powers of a federal nature. At the same time, control is exercised in relation to all state bodies, not only from the point of view of the legality of the adopted acts and actions performed, but also their expediency, which radically differs from the general supervision of the prosecution authorities. The measures taken by the state control are of a disciplinary nature, including the removal of offenders from work (position) and cash payments. Previously, this type of control had various names - the Workers 'and Peasants' Inspection, the Ministry of Control, party and state control, and people's control. In recent years, it was abolished. However, the state need for this kind of control is obvious and is beginning to be recreated in the form of the Control Directorate of the Presidential Administration of the Russian Federation.

Fourthly, the subject of administrative law also covers the activities of courts and judges to consider cases of administrative offenses. The fact is that, being a judicial authority, they are nevertheless guided by the norms of the Code of the Russian Federation on Administrative Offenses, which cannot be removed from the subject of administrative law. Perhaps this sphere of activity of courts and judges will eventually turn into administrative justice, courts will be called administrative, and judges will be called magistrates, individually considering a significant category of cases of administrative offenses.

Fifth, the subject of administrative law can be attributed to social relations arising in the activities of public associations, to which the state has transferred some of its state and power powers. For example, the people's guards have been delegated some powers of state law enforcement agencies in the field of public order protection, and the people's guards can detain violators, draw up protocols (acts) on violations. Naturally, such activities of public associations are regulated by the norms of administrative law.

The implementation of executive power (public administration) is implemented in specific forms of executive and administrative activities (forms of public administration) of executive bodies and their officials.

The category "form of public administration" is associated with the implementation of the competence of the executive body, since it is the administrative actions that allow the external expression of the competence (ie, duties and powers) of the subject of public administration.

The forms of state-administrative activity of executive authorities and their officials are determined by law, enshrined in laws and other regulatory legal acts that determine the activities of these bodies. Consequently, in public administration, state bodies and officials should use only those forms of activity that are established by the norms of administrative law. Failure to comply with the norms of law entails the invalidity of the actions of the executive authority or official.

It should also be noted that administrative-legal forms of public administration always entail clearly expressed legal consequences associated with the emergence, change or termination of administrative-legal relations (for example, drawing up a protocol on an administrative offense, issuing an order for conferring a class rank, etc.) P.).

In this way, under the administrative and legal form of government means an externally expressed action of an executive power body or its official, determined by the nature, carried out within its competence and causing legal consequences. The type of a specific form of public administration is determined by the tasks facing the executive body or official, as well as the functions they perform.

Types of administrative and legal forms of government in administrative law are classified according to content and method of expression.

Law-making form public administration consists in the publication by the subjects of public administration of subordinate regulatory legal acts of management governing public relations in the sphere of their public administration activities. Normative legal acts of the management of federal executive bodies are issued on the basis of and pursuant to the Constitution, federal laws, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation. The executive authorities of the constituent entities of the Russian Federation in their law-making activities are also guided by the legislation of the respective constituent entities of the Russian Federation.

Enforcement form public administration, in turn, is subdivided into the issuance of individual legal acts of administration (acts of application of the norms of law), as well as the commission of actions of a legal nature.

The publication of individual legal acts of management is carried out by the subject of state administration when, according to the circumstances of the case, the subject of state administration, in accordance with legal norms, must make a decision in the form of an individual legal act.

Actions of a legal nature are carried out in cases where legal norms do not require the subject of state administration to adopt a legal act and the subject of administration performs legally significant actions provided for in these cases (for example, drawing up a protocol, issuing a permit, etc.).

By its content, the law enforcement form of public administration is subdivided into regulatory and law enforcement.

The regulatory form is used in the process of public administration in various spheres of state activity (economic, socio-cultural, defense, foreign policy, etc.).

The law enforcement form is used when applying coercive measures to persons who violate the norms of administrative law, when protecting the subjective rights of citizens and organizations, as well as resolving disputes arising in the field of management.

By way of expression legal forms of government are subdivided into written and oral.

The main form of government is written form. This form is used when solving managerial issues that require written registration of the actions of a public administration entity, which gives rise to legal consequences. The content of this form of public administration consists in the preparation and adoption by the relevant executive authorities of legal acts of management (normative and individual), as well as the execution of administrative documents (protocols, acts, certificates and others).

The oral form of public administration is used in cases provided for by legal norms when resolving issues of an operational nature and consists in issuing oral orders, orders and commands, which also entail legal consequences.

It is necessary to distinguish from the legal forms of government organizational actions and material and technical operations, which are also used in the public administration process.

Organizational actions are expressed in organizing office work, methodological work, drawing up reports, holding meetings, training personnel, introducing scientific organization of labor and other organizational work in the executive body. These actions are aimed at improving the culture and efficiency of management activities and are not associated with the emergence, change or termination of administrative and legal relations.

Material and technical operations are designed to ensure the work of executive authorities. These operations include the organization of material and financial support of the state body, the organization of the work of the expedition, transport, the introduction of office equipment and a number of other measures.

One of the main administrative and legal forms of public administration is publication of legal acts of management.

Legal acts of management have the following characteristic features: bylaw, legal character, authoritarianism, imperativeness.

Legality of a management act means that the issued act should not contradict the requirements of the current legislative acts and is issued within the competence of this management body. The sublawfulness of a control act in a broad sense is also understood as the compliance of acts not only with the law, but also with the acts of the President of the Russian Federation, the Government of the Russian Federation and other executive authorities.

Legal nature Acts of management means that it can cause certain legal consequences. These consequences can be expressed in the establishment of appropriate rules of conduct (norms) of a general nature or affect relationships associated with specific individuals.

Imperative the act of management is associated with the state-power powers of the subjects of state administration and is expressed in the obligation to execute it, regardless of the consent of the executors.

In this way, legal act of management can be defined as a unilateral legally imperious decision of the subject of public administration, issued within its competence, which regulates public relations in the field of public administration, or is aimed at the emergence, change or termination of specific administrative-legal relations, based on legislation.

Management legal acts should be distinguished from official documents, which do not have a legal nature (protocols, acts, certificates, reports, reports, etc.). Official documents do not establish or change specific legal relationships. However, official documents may serve as the basis for the publication of legal acts of management.

Legal acts of management are issued, as a rule, in writing... However, in some cases, its oral form is also allowed, for example, in military management in the case of giving oral orders and in a number of other cases determined by law.

Management legal acts can be classify according to the following criteria.

By legal content legal acts of management are subdivided into normative and individual ones.

Normative acts of management are those that contain the rules of law, regulate public relations in the field of public administration, are designed for a long period of validity and do not have a specific personalized character. Administrative lawmaking finds its expression in regulatory legal acts of management. They concretize the norms of laws and other acts of higher legal force and determine the standard rules of conduct in the field of public administration. These acts consolidate the legal status of executive bodies, determine the procedure for performing certain actions and procedures of a state-administrative nature, establish the necessary restrictions and prohibitions, and also regulate other issues in the state-administrative sphere. Regulatory legal acts of management are one of the most important sources of administrative law.

Individual acts of management do not contain legal norms. They resolve specific management issues based on laws and other regulatory legal acts, i.e. are acts of application of the rule of law to specific cases. These acts cause legal consequences in the form of the emergence, change or termination of specific administrative-legal relations (for example, the decree of the President of the Russian Federation on conferring the military rank of a senior officer).

By the bodies that issue them, legal acts of management are subdivided:

to decrees and orders of the President of the Russian Federation on issues related to public administration;

resolutions and orders of the Government of the Russian Federation;

decrees, orders, orders, regulations, rules, instructions of federal executive bodies;

resolutions, orders, orders, regulations, rules, instructions of the executive authorities of the constituent entities of the Russian Federation.

By territory of action legal acts of management are subdivided into acts valid throughout the territory of the Russian Federation, the territory of a constituent entity of the Russian Federation, an administrative-territorial unit.

By the nature of the competence of the bodies issuing them, legal acts of management are divided into acts of general and sectoral and intersectoral management.

General management acts are issued by subjects of state administration of general competence - the Government of the Russian Federation, the governments (administrations) of the subjects of the Russian Federation.

Acts of sectoral management regulate public relations and resolve management issues in a particular branch of management. Such acts are issued by public administration entities of sectoral competence (in particular, ministries) and are mandatory for subordinate bodies, organizations and officials, as well as citizens entering into public relations in this area of \u200b\u200bpublic administration (for example, entering military service under a contract).

Acts of cross-sectoral management are issued by subjects of state administration of cross-sectoral competence, which resolve issues of an inter-sectoral nature. These acts are binding on all executive authorities, organizations, officials, regardless of departmental subordination, as well as citizens.

The following requirements are imposed on the legal acts of management.

1. A legal act of management must be issued in accordance with the legislation by an authorized body within its competence.

Thus, legal acts of the Government of the Russian Federation are issued on the basis of and in pursuance of federal laws, decrees and orders of the President of the Russian Federation.

Legal acts of federal executive bodies are issued on the basis of and in pursuance of federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as on the initiative of federal executive bodies within their competence.

Structural subdivisions and territorial bodies of federal executive bodies are not entitled to issue normative legal acts. A normative legal act can be issued jointly by several federal executive bodies or by one of them in agreement with others.

2. A legal act must be issued in a specific order. The procedure for issuing management acts is established by legislative and other normative acts regulating the status of executive authorities.

So, in particular, the Government of the Russian Federation, on the basis of and in pursuance of the Constitution, federal constitutional laws, federal laws, normative decrees of the President of the Russian Federation, issues resolutions and orders. Acts of a regulatory nature are issued in the form of decrees of the Government of the Russian Federation. Acts on operational and other current issues that are not of a regulatory nature are issued in the form of orders of the Government of the Russian Federation. The procedure for issuing acts of the Government of the Russian Federation is established by the Government of the Russian Federation.

Normative legal acts of executive bodies are issued in the form of decrees, orders, orders, rules, instructions and regulations (see Rules for the preparation of normative legal acts of federal executive bodies and their state registrationapproved by the decree of the Government of the Russian Federation of 13.08.1997 No. 1009). The publication of normative legal acts in the form of letters and telegrams is not allowed. A draft regulatory legal act is subject to approval by the ministries and departments concerned, if such approval is mandatory in accordance with the legislation of the Russian Federation, and also if the regulatory legal act contains provisions, norms and instructions concerning other ministries and departments. Approval of a regulatory legal act is formalized with visas. Visa includes i! the name of the position of the head of the ministry (department) or his deputy and the personal signature of the approver, the decoding of the signature and the date. Visas are affixed at the bottom of the reverse side of the last sheet of the original regulatory legal act.

The preparation of a draft normative legal act is entrusted to one or several structural subdivisions of the federal executive body, taking into account their functions and competence. At the same time, the circle of officials responsible for the preparation of the specified project, the period for its preparation, and, if necessary, the organizations involved in this work are determined.

The legal service of the federal executive body is involved in the preparation of the draft normative legal act. The term for preparing a draft and issuing a normative legal act in pursuance of federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as a rule, should not exceed one month, unless another period is set. To prepare drafts of the most important and complex regulatory legal acts, as well as acts issued jointly by several federal executive bodies, working groups may be created.

In the process of working on a draft normative legal act, the legislation of the Russian Federation related to the topic of the draft, agreements on the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, the practice of applying the relevant regulatory legal acts, scientific literature and periodicals should be studied on the issue under consideration, as well as data from sociological and other studies, if any.

3. The legal act of management is issued in the prescribed form and signed by the relevant official. The form of the act (structure, details, language) must comply with the accepted requirements.

So, the structure of a normative legal act should ensure the logical development of the topic of legal regulation. If an explanation of the goals and motives for the adoption of a normative legal act is required, then the draft gives an introductory part - a preamble. Normative provisions are not included in the preamble. Regulatory prescriptions are drawn up in the form of paragraphs, which are numbered in Arabic numerals with a period and have no headings. Clauses can be subdivided into subclauses, which may be alphanumeric or numeric. Normative legal acts of significant volume can be divided into chapters, which are numbered in Roman numerals and have headings.

If necessary, for completeness of the presentation of the issue in the regulatory legal acts, individual provisions of the legislative acts of the Russian Federation may be reproduced, which should have links to these acts and to the official source of their publication. If a regulatory legal act contains tables, graphs, maps, diagrams, then they, as a rule, should be drawn up in the form of applications, and the corresponding paragraphs of the act should have links to these applications.

Simultaneously with the development of the draft normative legal act, proposals should be prepared on amendments and additions or invalidation of the corresponding previously issued acts or their parts. Normative legal acts issued jointly or in agreement with other federal executive bodies are amended, supplemented or recognized as invalid in agreement with these federal executive bodies. Provisions on changing, supplementing or invalidating rapeseed issued acts or parts thereof are included in the text of a regulatory legal act.

If, during the preparation of a regulatory legal act, the need to make significant changes and additions to previously issued regulatory legal acts or the presence of several acts on the same issue has emerged, then in order to streamline them, a new single act is developed. The draft of such an act includes new ones, as well as regulatory prescriptions contained in previously issued acts, which remain in force.

The prepared draft normative legal act, prior to its signing (approval), must be checked for compliance with the legislation of the Russian Federation, as well as with the rules of the Russian language, and endorsed by the head of the legal service of the federal executive body.

Normative legal acts are signed (approved) by the head of the federal executive body or the person performing his duties. The signed (approved) normative legal act must have the following details:

the name of the body (bodies) that issued the act;

name of the type of act and its title;

date of signing (approval) of the act and its number;

title of the position and surname of the person who signed the act.

4. Regulatory legal acts of management affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations that have an interdepartmental character, regardless of their validity period, including acts containing information constituting a state secret or information of a confidential nature, are subject to state registration.

State registration of normative legal acts is carried out by the Ministry of Justice of Russia, which maintains State Register normative legal acts of federal executive bodies.

State registration of a regulatory legal act includes:

legal examination of the compliance of this act with the legislation of the Russian Federation;

making a decision on the need for state registration of this act;

assignment of a registration number;

entry into the State Register of normative legal acts of federal executive bodies.

State registration of normative legal acts is carried out by the Ministry of Justice of Russia within 15 days from the date of receipt of the act. If necessary, the registration period can be extended, but for no more than 10 days, and in exceptional cases - up to one month.

Within a day after state registration, the original of the normative legal act with the assigned registration number is sent by the Ministry of Justice of Russia to the federal executive body that submitted the act for state registration.

Registration of a normative legal act may be refused if, during a legal examination, it is established that this act does not comply with the legislation of the Russian Federation. Normative legal acts, the state registration of which is denied, are returned by the Ministry of Justice of Russia to the body that issued them, indicating the reasons for the refusal.

Within 10 days from the date of receipt of the refusal in state registration, the head of the federal executive body or the person performing his duties shall issue an appropriate document on the abolition of the normative legal act, the registration of which was refused, and send a copy of it to the Ministry of Justice of Russia.

A regulatory legal act may be returned by the Ministry of Justice of Russia to the federal executive body without registration at the request of the federal executive body that submitted this act for state registration, and also if the established procedure for submitting the act for state registration has been violated. If a regulatory legal act is returned without state registration in violation of the established procedure for submitting for state registration, the violations must be eliminated, and the act must be re-submitted for state registration within a month, or a copy of the document on the abolition of the regulatory legal act must be sent to the Ministry of Justice of Russia.

5. Certain requirements are also established for the procedure for publishing regulatory legal acts of management (see Decree of the President of the Russian Federation of May 23, 1996 No. 763 "On the procedure for publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" ). Thus, decrees and orders of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation are subject to obligatory official publication, except for acts or their individual provisions containing information constituting state secrets or information of a confidential nature. Acts of the President of the Russian Federation are subject to official publication within 10 days after the day of their signing. Resolutions of the Government of the Russian Federation, with the exception of resolutions containing information constituting a state secret or information of a confidential nature, are subject to official publication no later than 15 days from the date of their adoption.

The official publication of acts of the President of the Russian Federation and acts of the Government of the Russian Federation is the publication of their texts in " Russian newspaper"or in the" Collected Legislation of the Russian Federation "or the first placement (publication) on the" Official Internet Portal of Legal Information "(pravo.gov.ru). The texts of the acts of the President of the Russian Federation and the acts of the Government of the Russian Federation distributed in in electronic format Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information" Sistema " Federal Service protection of the Russian Federation, as well as federal state protection bodies. Acts of the President of the Russian Federation and acts of the Government of the Russian Federation can be published in other printed publications, as well as communicated to the public on television and radio, sent to state bodies, local governments, officials, enterprises, institutions, organizations, transmitted through communication channels.

Acts of the President of the Russian Federation, which are of a regulatory nature, enter into force simultaneously on the entire territory of the Russian Federation after seven days after the day of their first official publication. Other acts of the President of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, enter into force from the date of their signing.

Acts of the Government of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of federal executive bodies, as well as organizations, enter into force simultaneously throughout the territory of the Russian Federation after seven days after the day of their official publication. Other acts of the Government of the Russian Federation, including acts containing information constituting a state secret or information of a confidential nature, enter into force from the date of their signing.

Acts of the President of the Russian Federation and acts of the Government of the Russian Federation may establish a different procedure for their entry into force.

Normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, which have passed state registration with the Ministry of Justice of Russia, are subject to mandatory official publication, except for acts or their individual provisions containing information constituting state secrets, or information of a confidential nature.

Normative legal acts of federal executive bodies are subject to official publication in Rossiyskaya Gazeta within 10 days after the day of their registration, as well as in the Bulletin of Normative Acts of Federal Executive Bodies of the Yuridicheskaya Literatura publishing house of the Presidential Administration of the Russian Federation. This Bulletin is also official and is distributed in electronic form by the Federal State Unitary Enterprise "Scientific and Technical Center for Legal Information" Sistema "" of the Federal Security Service of the Russian Federation, as well as by state security agencies.

Normative legal acts of federal executive bodies, except for acts and their individual provisions containing information constituting a state secret or information of a confidential nature that have not passed state registration, as well as registered but not published in the prescribed manner, do not entail legal consequences, if entered into force, and cannot serve as a basis for the regulation of the relevant legal relations, the application of sanctions to citizens, officials and organizations for failure to comply with the instructions contained therein. These acts cannot be referred to when resolving disputes.

Normative legal acts of federal executive bodies enter into force simultaneously throughout the entire territory of the Russian Federation after 10 days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.

Normative legal acts of federal executive bodies containing information constituting a state secret or information of a confidential nature and not subject to official publication in this regard, which have passed state registration with the Ministry of Justice of Russia, enter into force from the date of state registration and assignment of a number, if by the acts themselves no later date has been set for their entry into force.

Among administrative and legal forms of government include and administrative and legal contracts. In the theory of administrative law, the following features of an administrative contract are distinguished.

• 1. The conclusion of an administrative contract entails the emergence of legal relations between its subjects on the basis of voluntary consent and equality of the parties, than an administrative contract differs from acts of management.
• 2. An administrative contract is concluded on the basis of the norms of administrative law, which regulate the procedure for its conclusion and termination (termination). So, the Government of the Russian Federation in accordance with Art. 13 of the Law on the Government of the Russian Federation, by agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of their powers, if this does not contradict the Constitution, the Law on the Government of the Russian Federation and federal laws.
• 3. The content of the administrative-legal contract consists of management relations. The purpose of this agreement, in contrast, for example, from a civil law agreement, is the settlement of relations developing in the field of public administration, relations of an administrative nature. In particular, Art. 28 of the Charter of the Moscow Region of 11.12.1996 No. 55 / 96-03 stipulates that federal executive bodies and executive bodies of the Moscow Region may, by mutual agreement, transfer to each other the exercise of some of their powers, if this does not contradict the Constitution and federal laws.
• 4. One of the parties to the administrative contract is the executive authority, which is the subject of state administration. This agreement cannot be concluded without his participation.

In this way, administrative contract - it is an agreement based on the norms of administrative law, at least one of the parties to which is a subject of public administration, concluded with the aim of regulating relations developing in the field of public administration, in relation to an administrative nature.

In the literature on administrative law, the main classification criterion administrative contracts is subject of the contract. On the subject of the agreement, the following types of agreements are distinguished: agreements on competence, agreements on cooperation, agreements on the admission of citizens to the state (military) service. The agreements on competence, in particular, include agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation on the delimitation of competence, as well as on delegation of powers. Cooperation agreements define various areas of management activities, in particular, information exchange, joint activities and a number of others.

• See the Regulation of the Government of the Russian Federation, approved by the Resolution of the Government of the Russian Federation of 01.06.2004 No. 260.
• See: Administrative law: textbook / ed. L. L. Popova. M., 2005.S. 275-279.

 

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