Lecture #1

Ludwig Berne: “The government is the sails, the people are the wind, the state is the ship, time is the sea”

Topic 1. The content of the system of state and municipal government.

Object and subject of public administration

Levels and branches of government

Public administration as a system

Principles of the public administration system

Fundamentals of the public administration system

1. Object and subject of public administration.

Russia as a state according to the constitution:

federal

legal

democratic

social

secular

The state apparatus is a subject structure that takes responsibility for professionally solving issues and problems of society.

The specificity of public administration lies in the fact that the authorized state apparatus performs its functions exclusively on a professional basis.

Types of state influence:

• gradual \ radical;

  direct \ indirect;

  episodic \ constant;

Objects of state administration:

socio - economic processes (adoption of laws, etc.);

public institutions (systems of education, protection of the population, etc.);

social groups (problems of students, youth, regions);

economic systems.

2. Levels and branches of power.

Branches of power - vertically empowered directions management activities, determined in accordance with the principle of separation of powers used in a democratic political regime.

Levels of power - ordered ranks of performing activities, divided in accordance with the regime of delegation of authority (from the highest levels to the lowest).

The subject of state administration is a territorial entity.

Public Administration = Federal Administration + Regional Administration!

Municipal government is an independent branch.

Signs of the presence of state administration and branches of government:

availability of specialized state bodies;

legal fixing of the place;

the structure of the organization of power, horizontal and vertical subordination;

goals facing the branches of government.

3. Public administration as a system.

The division of the GI system into branches and levels of power is to ensure the smooth functioning of the managed system based on the principles of proportionality, continuity in all its divisions.

Public administration - processes that regulate relations within the state through the division of spheres of influence between the main levels and branches of government.

The purpose of the system of state and municipal government is to ensure social stability, confidence in the future, peace, reproduction (extended, simple), high growth rates (GDP), and improving the welfare of the population.

Signs of the GMU system:

integrity

continuity

sovereignty

System - connection of elements for a single task.

The systemic nature of the GI is to ensure the unity of the administrative and partnership principles in practice, regulation social relations and processes.

Functions of the GU system:

institutional

purposeful

functional

ideological

The lecture notes meet the requirements of the State educational standard higher vocational education.
Accessibility and brevity of presentation make it possible to quickly and easily obtain basic knowledge of the subject, prepare and successfully pass the test and exam.
The concept, essence of public administration, types and forms of the state, public authorities, the structure and competence of legislative and executive power Russian Federation, the judiciary, the system of local governments and much more.
For students of economic universities and colleges, as well as those who independently study this subject.

According to the generally recognized definition included in encyclopedic dictionaries, management is a function of complex organized systems of any nature (technical, biological, environmental, social), ensuring the preservation of their structure (internal organization), maintaining a mode of operation aimed at realizing their program goals. In its content, this is a constant purposeful process of the influence of the subject on the object through the appropriate control mechanism.

The objects of control can be things (management of things), phenomena and processes (management of processes), people (management of people), and the subject of control is always a person (operator, manager, manager, etc.) or a collective entity - administration (management, leadership, command, etc.). With all the diversity, the essence of any type of management is to direct and coordinate (coordinate) the actions of participants in processes, phenomena, and subordinate them to the purposeful will of the managing subject.

Table of contents
LECTURE No. 1. The concept, nature and essence of public administration
1. The concept of public administration
2. The essence of public administration
3. Leading schools and trends in the theory of public administration
LECTURE No. 2. Methodology and methods, subjects and objects of public administration
1. Methodology of public administration
2. Subjects and objects of public administration
LECTURE No. 3. The essence and types of the state
1. The concept and features of the state
2. Political power as a general sociological category
3. State types
LECTURE No. 4. The form of the state
1. The concept of the form of the state
2. Forms of government
3. Forms of government
4. Political regime
LECTURE No. 5. Public authorities
1. Concept, legal status
2. Classification of public authorities
3. Institute of the President of the Russian Federation: status, powers, responsibility
4. Administration of the President of the Russian Federation
LECTURE No. 6. The structure and competence of the legislative and executive authorities of the Russian Federation
1. The Federal Assembly of the Russian Federation: the procedure for formation, the legal basis for activities, structure and powers
2. Structure and organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation
3. Structure and organization of the activities of the State Duma of the Federal Assembly of the Russian Federation
4. Legal status Deputy of the State Duma and member of the Federation Council
5. The Government of the Russian Federation in the system of state power: the legal basis of activity, structure and powers
LECTURE No. 7. Judicial branch In Russian federation
1. The concept, features and functions of the judiciary in the Russian Federation
2. Judicial bodies of the Russian Federation: formation procedure, composition and competence
LECTURE No. 8. Territorial organization of state power. Features of the state structure of the Russian Federation
1. Constitutional and legal foundations for the organization of state power of the subjects, delimitation of the subjects of jurisdiction of the Russian Federation and subjects of the Russian Federation
2. Executive authorities of the constituent entities of the Russian Federation
3. Legislative authorities of the constituent entities of the Russian Federation
4. The highest official (head) of the subject of the Federation: legal status and powers
LECTURE No. 9. Essence and main directions of activity of the state social and cultural policy
1. State regulation of education and science in the Russian Federation
2. State regulation in the fields of culture
3. State regulation in the field of healthcare, social service and social protection of the population
LECTURE No. 10. State administration in the field of protection and protection of the security of the individual, society and the state
1. The concept of security and its types
2. Security system of the Russian Federation, forces and means of ensuring it
LECTURE No. 11. Local self-government in the Russian Federation
1. The concept of local government
2. Principles of local self-government
3. Legal basis of local self-government
LECTURE No. 12. Organizational foundations of local self-government
1. The concept of the organizational foundations of local self-government
2. System and structure of local governments
3. Features of the organization of local self-government in the cities - subjects of the Russian Federation Moscow and St. Petersburg, closed cities and science cities
4. Charter of the municipality
LECTURE No. 13. The system of local governments and their role in society
1. Representative bodies of local self-government: concept, structure and formation procedure
2. General provisions on the status of a deputy - a member of an elected body of local self-government
3. General characteristics of the legal status of the administration of the municipality
4. Head of the municipality: status and powers
LECTURE No. 14. Guarantees and responsibility in the system of state and local self-government
1. Offenses and liability
2. Responsibility of state and municipal bodies, organizations serving for offenses in the field of state and municipal administration

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n1.doc

I. A. Kuznetsova
State and municipal administration.
Lecture notes

Publisher: Eksmo, 2008; 160 pages

The abstract of lectures complies with the requirements of the State Educational Standard of Higher Professional Education.

Accessibility and brevity of presentation make it possible to quickly and easily obtain basic knowledge of the subject, prepare and successfully pass the test and exam.

The concept, essence of public administration, types and forms of the state, public authorities, the structure and competence of the legislative and executive authorities of the Russian Federation, the judiciary, the system of local governments and much more are considered.
For students of economic universities and colleges, as well as those who independently study this subject.
Table of contents
LECTURE No. 1. The concept, nature and essence of public administration

1. The concept of public administration

2. The essence of public administration

3. Leading schools and trends in the theory of public administration

LECTURE No. 2. Methodology and methods, subjects and objects of public administration

1. Methodology of public administration

2. Subjects and objects of public administration

LECTURE No. 3. The essence and types of the state

1. The concept and features of the state

2. Political power as a general sociological category

3. State types

LECTURE No. 4. The form of the state

1. The concept of the form of the state

2. Forms of government

3. Forms of government

4. Political regime

LECTURE No. 5. Public authorities

1. Concept, legal status

2. Classification of public authorities

3. Institute of the President of the Russian Federation: status, powers, responsibility

4. Administration of the President of the Russian Federation

LECTURE No. 6. The structure and competence of the legislative and executive authorities of the Russian Federation

1. The Federal Assembly of the Russian Federation: the procedure for formation, the legal basis for activities, structure and powers

2. Structure and organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation

3. Structure and organization of the activities of the State Duma of the Federal Assembly of the Russian Federation

4. Legal status of a deputy of the State Duma and a member of the Federation Council

5. The Government of the Russian Federation in the system of state power: the legal basis of activity, structure and powers

LECTURE No. 7. Judiciary in the Russian Federation

1. The concept, features and functions of the judiciary in the Russian Federation

2. Judicial bodies of the Russian Federation: formation procedure, composition and competence

LECTURE No. 8. Territorial organization of state power. Features of the state structure of the Russian Federation

1. Constitutional and legal foundations for the organization of state power of the subjects, delimitation of the subjects of jurisdiction of the Russian Federation and subjects of the Russian Federation

2. Executive authorities of the constituent entities of the Russian Federation

3. Legislative authorities of the constituent entities of the Russian Federation

4. The highest official (head) of the subject of the Federation: legal status and powers

LECTURE No. 9. Essence and main directions of activity of the state social and cultural policy

1. State regulation of education and science in the Russian Federation

2. State regulation in the fields of culture

3. State regulation in the field of healthcare, social services and social protection of the population

LECTURE No. 10. State administration in the field of protection and protection of the security of the individual, society and the state

1. The concept of security and its types

2. Security system of the Russian Federation, forces and means of ensuring it

LECTURE No. 11. Local self-government in the Russian Federation

1. The concept of local government

2. Principles of local self-government

3. Legal basis of local self-government

LECTURE No. 12. Organizational foundations of local self-government

1. The concept of the organizational foundations of local self-government

2. System and structure of local governments

3. Features of the organization of local self-government in the cities - subjects of the Russian Federation Moscow and St. Petersburg, closed cities and science cities

4. Charter of the municipality

LECTURE No. 13. The system of local governments and their role in society

1. Representative bodies of local self-government: concept, structure and formation procedure

2. General provisions on the status of a deputy - a member of an elected body of local self-government

3. General characteristics of the legal status of the administration of the municipality

4. Head of the municipality: status and powers

LECTURE No. 14. Guarantees and responsibility in the system of state and local self-government

1. Offenses and liability

2. Responsibility of state and municipal bodies, organizations serving for offenses in the field of state and municipal administration
LECTURE No. 1. The concept, nature and essence of public administration
1. The concept of public administration

Control according to the generally accepted definition included in encyclopedic dictionaries, it is a function of complex organized systems of any nature (technical, biological, environmental, social), ensuring the preservation of their structure (internal organization), maintaining the mode of operation aimed at realizing their program goals. In its content, this is a constant purposeful process of the influence of the subject on the object through the appropriate control mechanism.

The objects of control can be things (management of things), phenomena and processes (management of processes), people (management of people), and the subject of control is always a person (operator, manager, manager, etc.) or a collective entity - administration (management, leadership, command, etc.). With all the diversity, the essence of any type of management is to direct and coordinate (coordinate) the actions of participants in processes, phenomena, and subordinate them to the purposeful will of the managing subject.

The concept of "organization" is closely related to the category of management. This term (from the ancient Greek organizo - “I communicate a slender appearance, I arrange”) is ambiguous, but most often it refers to a group of people carrying out joint activities to achieve a common goal, or some actions that streamline, bring objects of the material or spiritual world into a system. In the process and as a result of these actions, a special type of social connection between people is formed - organizational social relations. In relation to social processes and human relationships, the concept of organization is broader in scope than the concept of management, because as a type of purposeful activity, management is only the most frequently manifested variety of organizing, i.e., ordering principles, along with such, for example, forms of organizing social activity as training, education.

In the process of management (as one of the specific types of social relationships between the subject and the object), the relationship between these concepts is as follows: the essence of management lies in the practical organization of the activities of managed objects when they perform their tasks, and this practical organization itself is an integral property of management. Therefore, the organization is an attribute of management, an intrinsic property of it.

social management- this is the management of numerous and diverse social processes occurring in human communities: tribe, clan, family, various kinds of public associations of people, and finally, in the state as the widest and most complex stable human community. Social management is a complex socio-historical phenomenon. Public because management is a necessary and indispensable condition for the joint activity of people, a necessary element of it. The historical category of social management is because, as society develops, the tasks, nature, forms, methods, circle of persons exercising management change, although in itself it always remains a necessary attribute of the life of any society at all stages of its historical development.

Power is the prerequisite and at the same time the driving force of the process of social management. It is well known that power as a social phenomenon and an inalienable property of the human community serves as an instrument for organizing this society, a regulator of social relations that develop in it. In the modern conditions of the current Constitution of the Russian Federation in the system of managing all the affairs of society and the state, three main types of social management can be distinguished: public, municipal and state.

public administration carried out within and within the framework of various kinds of associations of citizens by the governing bodies created by them on the principles of self-government in accordance with the charters, on the basis of local legal regulation, supplemented by state administrative and legal regulation, a strictly defined law, which is associated with state registration of associations, supervision and control behind their activities.

municipal government acts in the form of local self-government, acting as a public authority closest to the population and ensuring the protection of the interests of citizens based on their joint residence in a certain territory. Establishing the constitutional model of local self-government in Russia and its role in the formation of a democratic state and civil society, the legislation quite clearly defines both its own subjects of local self-government and the powers of state authorities of the Russian Federation and its subjects in the field of local self-government.

Public administration as a form of implementation of the prerogatives of the state by its bodies and officials in the general system of social public administration is the main scope and application of the norms of administrative law. In a narrow organizational, administrative and legal sense, public administration is understood as only one specific type state activities connected with the implementation of the executive state power as one of the branches of state power, which is carried out by a system of special government agencies executive branch or public administration.

In a broad sense, state administration refers to the activities of any state bodies of all branches of state power, since the common goal and content of the activities of both the entire state as a whole and any of its bodies is a certain streamlining of social relations.

2. The essence of public administration

All types of state activity can be divided into three groups according to their place in the system of implementation of state power, content and forms of expression.

Generic consolidated forms of state activity carried out by state bodies of legislative, executive and judicial power are commonly referred to as branches of state power. In terms of its internal content, the activity of the bodies of each of these three branches of government is complex and consolidated, as it includes several forms, but only one of which is the main and determining one. So, for the representative (legislative) authorities, the main and determining type of their activity is legislative, although the Federal Assembly also carries out its activities in other forms, such as impeachment, amnesty, participation in resolving personnel issues on the appointment and dismissal of some top officials of the state. In the same way, for executive authorities, the main and determining type of activity is managerial executive and administrative activity, although they also carry out other types of state activity: representative activity of the Russian Federation in foreign states, various forms of participation in legislative activity, development of foreign and domestic policy doctrines.

Specific specialized forms of state activity are derived from the three generic branches of state power. These include, for example, the exercise of prosecutorial power, the activities of the Accounts Chamber, the Commissioner for Human Rights and his apparatus, the bodies of the Central Election Commission and some other parts of the state apparatus system. The specialized types of state activity carried out by these bodies are also provided for in the current Constitution of the Russian Federation and are regulated in detail by special federal laws.

Functional forms of state activity, the content of which are the specific functions of various law enforcement and other state bodies carrying out investigation, inquiry, operational-search activities, as well as numerous and diverse special executive, control, licensing, regulatory and other functions in established areas of jurisdiction.

The organization of all the above types of state activity is accompanied, provided or served by organizational management activities, which complicates the complete definition of the subject of administrative law, which is considered in the next chapter.

Public administration as the main, determining form of the implementation of executive power and the type of state activity has a number of features. The main one, reflecting the essence and social purpose of public administration, lies in the practically organizing nature of this type of state activity. Purpose of public administration consists in the desire, ability and ability of executive authorities to organize the practical implementation of general prescriptions and norms of federal bodies and subjects of the Federation, decrees of the President of the Russian Federation, as well as acts of heads of subjects of the Federation, decrees of the President of the Russian Federation.

The second sign of public administration- its continuous and cyclical nature, which is objectively due to the continuity of social production and consumption in the broadest sense of the word. All other types of state activity related to the implementation of legislative, judicial, prosecutorial and other types of state power are intermittent, while state administration is carried out continuously, continuously. One cycle ends management process, begins, continues, and ends with another.

The third sign public administration is the executive-administrative nature of this type of state activity. This sign reflects the features of the performance activities of government bodies and their officials in practical implementation general requirements and prescriptions of laws and acts of presidential power.

Government bodies fulfill the requirements of laws and other general instructions of the presidential and government authorities through a system of executive and administrative management actions, which are expressed in the administrative and legal acts adopted by them and organizational and executive actions. They execute the laws by ordering.

3. Leading schools and trends in the theory of public administration

Most modern researchers believe that it was with the advent of the works of W. Wilson, F. Goodnow, M. Weber that we can talk about the beginning first stage in the development of the theory of public administration as an independent scientific direction.

Chronological framework this stage can be conditionally determined from 1880 to 1920.

Since 1900, the study of public administration has become part of the curriculum at leading universities in the United States and Western Europe. In 1916, Robert Brookings founded the first Institute of Government Research in Washington. The goal of this research organization was to develop a systematic analytical approach to government activities. Similar research centers and institutes began to appear in Europe in the 1920s and 1930s.

Second phase in the development of the theory of public administration lasted from 1920 to the 1950s. The Americans made especially great strides in these years, which can be explained by a number of reasons. In contrast to European countries, in the United States, higher education institutions already at that time enjoyed great freedom in compiling curricula and choosing teachers. They had the opportunity to experiment, widely introduce new courses, one of which was the course of the theory of administrative and public administration, which contributed to the development and dissemination of new science.

On the contrary, in Europe (especially in France, Great Britain) the system of education in those years was excessively centralized, uniformity was the rule. The French political scientist J. Steitzel writes: “The development of a branch of science is, first of all, a social process; this development requires a certain preparedness of certain strata of the intelligentsia, overcoming the opposition that arises due to the simple existence of other, already formed industries, with which the newborn may begin to compete in the future.

There was another favorable factor that influenced the intensive development of the theory of public administration in the United States. Already in those years, the Americans believed that the science of public administration and the science of managing private enterprises could and should be brought closer together. Courses in administrative organization, personnel management, budget technology, human relations, organization theory were read in many educational institutions The United States, both for those who were preparing themselves for public service, and for those who were to fill in the future the staff of business administration of private business. And since the teaching of these disciplines had such a wide audience, a large number of professors, textbooks, and research papers appeared. All this contributed to the development of the theory of public administration.

There was another factor of the same plan. Americans have always emphasized the practical value of public administration research; their scientific developments contained practical recommendations, proposed sound reform projects. Such a utilitarian approach to the study of public administration made it possible to find public and private sources of funding for scientific work.

In the 1920-1950s. most famous destinations in the theory of public administration there were the classical school and the school of human relations. Prominent representatives of the "classics" are A. Fayol, L. White, L. Urwick, D. Mooney, T. Woolsey.

The goal of the classical school was to develop the leading principles for the organization of professional public administration. Almost all the "classics" proceeded from the idea that following these principles will lead to the success of public administration in different countries. Adherents of the classical school did not care much about the social aspects of state activity. They sought to look at the organization of management from a broad perspective, tried to define General characteristics and patterns of state organization.

At the same time, they quite successfully used the theory of factors or scientific management, borrowed from the organization of management in business. This theory was developed by F. Taylor, G. Emerson and G. Ford, who considered management as a mechanism that operates as a result of a combination of a number of factors with which you can achieve certain goals with maximum efficiency with minimal cost resources. All these ideas were used by the "classics" in the study of public administration.

The French scientist A. Fayol is the most significant figure in the classical school of management of this period. His theory of administration is set forth in the book General and Industrial Administration, published in 1916. Fayol headed the Center for Administrative Studies he created in Paris. He argued that the principles of management he formulated are universal and applicable almost everywhere: in the economy, in government services and institutions, in the army and navy.

Fayol gave a classic definition of scientific management: “To manage is to foresee, organize, dispose, coordinate and control; to foresee, that is, to take into account the future and develop a program of action; organize, i.e., build a double - material and social - body of the institution; dispose, i.e., force the staff to work properly; to coordinate, that is, to link, unite, harmonize all actions and all efforts; control, i.e. take care that everything is done according to established rules and given orders.

Fayol formulated fourteen general principles management, which are included in the golden fund of science:

1) division of labor, (allows you to reduce the number of objects to which attention and action should be directed, which contributes to an increase in the quantity and quality of production with the same effort);

2) power (the right to give orders and the force that compels them to obey. Power is unthinkable without responsibility, that is, without a sanction - a reward or punishment - accompanying its action. Responsibility is the crown of power, its natural consequence, its necessary appendage);

3) unity of command, (an employee can give two orders regarding any action, only one boss);

4) unity of leadership, (one manager and one program for a set of operations pursuing the same goal);

5) subordination of private interests to the common ones (in an organization, the interests of an employee or a group of employees should not be placed above the interests of the enterprise; the interests of the state should be higher than the interests of a citizen or a group of citizens);

6) discipline (obedience, diligence, activity, demeanor, external signs of respect, shown in accordance with the agreement established between the enterprise and its employees);

7) staff remuneration (should be fair and, if possible, satisfy the staff and the enterprise, the employer and the employee; encourage diligence, compensating for useful effort);

8) centralization, (should be accepted or rejected depending on the tendencies of the management and on the circumstances; it comes down to finding the degree of centralization that is most favorable for the enterprise);

9) hierarchy, (a series of leadership positions, starting with the highest and ending with the lowest, the path along which, passing through all the steps, papers follow, coming from the highest authority or addressed to it);

10) order, (a certain place for each person and each person in his place);

11) justice (in order to encourage personnel to perform their duties with full zeal and devotion, one must treat him favorably; justice is the result of a combination of benevolence with justice);

12) the constancy of the staff, (staff turnover is both a cause and a consequence of the poor state of affairs);

13) initiative, (freedom to propose and implement plans);

14) the unity of the staff, (the strength of the enterprise is to use the abilities of everyone, to reward the merits of everyone, without violating the harmony of relations).

The principles of management developed by the classical school affect two main aspects. One of them is the substantiation of a rational system of public administration, the second concerns the construction of the structure of the organization. The most important postulates of classical theory can be summarized as follows: science instead of traditional skills, harmony instead of contradictions, cooperation instead of individual work, maximum productivity in every workplace.

Within the framework of the classical school, the public administration system appears as a hierarchical organization of a linear-functional type regulated from top to bottom with a clear definition of the function of each job category. It should be emphasized that such a model is quite effective in a stable social environment and the same type of managerial tasks and situations. It still finds its application at various levels of government.

In general, the strengths of the classical approach lie in the scientific understanding of all managerial relations in the public administration system, in increasing labor productivity through operational management. However, in cases where the effectiveness of management has a decisive influence human factor, using this approach is clearly not enough.

Another influential trend in the theory of public administration was the school of human relations. It arose in the 1930s, when psychology was still in its infancy. The human relations movement emerged largely in response to the failure of the classical school to recognize the human factor as a key element in organizational effectiveness. And because it arose as a reaction to the shortcomings of the classical approach, the school of human relations is sometimes called neoclassical.

Further research showed, however, that a good relationship between employees do not automatically lead to an increase in the productivity of administrative organizations and that the motivation that orients employees to achieve high results is more important than simple job satisfaction. And within the human relations movement, various motivational models have been developed that are used in public administration theory.

Of particular importance are studies that describe the actual behavior of individuals and groups in the process of developing and making government decisions. With regard to practical recommendations, the human relations movement proceeds from the fact that any normative theory of decisions only has the prospect of success when it is based on real facts of the behavior of members of the organization in the decision-making process. At the same time, it is not efficiency as such that is taken as the criterion of expediency, but efficiency compared with the psychological limitations that determine the scope practical application theoretical recommendations for improving management. It is recommended to use basic human relations management techniques, including more effective actions of line managers, consultations with front-line employees and giving them more opportunities to communicate at work.

In the field of political management during this period, Keynesian ideas were the most popular. The well-known English economist J. M. Keynes in his book “The General Theory of Employment, Interest and Money” (1936) proposed his concept of state regulation of the economy. The basis of public policy, according to Keynesianism, should be the fight against economic recessions and unemployment. In essence, this was the first serious model of anti-crisis state policy.

Generally The Keynesian model of public administration is based on the following principles:

1) the state must implement a set of measures to regulate the economy in order to overcome the negative consequences of market relations;

2) preventing social explosions, the state redistributes income in favor of the poor through progressive taxation, development free system education and health;

3) anti-crisis regulation is reduced to stimulating investment during an economic downturn by increasing government spending on purchases, goods and services in order to compensate for the missing private demand and by influencing the bank interest rate, which should not be too high during a downturn;

4) the possibility of allowing a budget deficit and moderate inflation and by issuing additional money into circulation.

The ideas of Keynesianism are still quite popular today and are used in state regulation of a market economy.

Third stage in the development of the theory of public administration began in the 1950s. and continued until the end of the 20th century. The most influential directions of this period can be considered behavioral, systemic and situational approaches.

The school of behavioral sciences has moved away somewhat from the school of human relations, which focused on methods for establishing interpersonal relationships. The new approach is characterized by the desire to help civil servants to a greater extent to realize their own opportunities in government structures through the application of the concepts of behavioral sciences. The main goal of this school in the most in general terms was to improve the efficiency of the organization by improving the efficiency of its human resources.

As part of the behavioral approach, scientists have explored various aspects of social interaction, motivation, the nature of power and authority in public administration. The behavioral approach was especially popular in the 1960s. Like earlier schools, this approach advocated a "single best way" to solve managerial problems. Its main postulate is that correct application behavioral science will help improve the efficiency of both the individual employee and the public administration system as a whole.

LECTURE No. 2. Methodology and methods, subjects and objects of public administration
1. Methodology of public administration

Methodology and methods of studying public administration. In the science of public administration (state, municipal, corporate) there are various schools that unite like-minded scientists. However, there are different methodological approaches: totalitarian, democratic and state-religious. With a totalitarian approach to public administration, emphasis is placed on the need for strong state power (in some cases, the dictatorship of a certain social stratum in society or the personal dictatorship of the leader), the actual merger of state bodies, the ruling party (usually communist, but there are others), public associations are subordinated to the ruling party and state bodies, local self-government is abolished. This is an administrative command system.

Democratic concepts of public administration are represented by a huge number of different schools, including schools associated with the ideas of the “state-evil” and “state-good”, “state-night watchman”, and “state-omnipotent regulator”, schools that uphold the priority of economic or political methods of management, the concepts of the welfare state and the state that creates only favorable conditions for the activity of the individual, the ideas of "rational bureaucracy", technocracy and other concepts that require, on the one hand, the separation of state and municipal government, on the other hand, ideas about municipal bodies as agents of the state.

With all the differences, democratic concepts are based on common management postulates- universal values, principles of democracy, political and ideological pluralism, separation of powers, rule of law, recognition of local self-government, etc. They reject totalitarianism and authoritarianism, affirm the control of the official by the population, put him at the service of common (rather than class) interests.

State-religious, theocratic (for example, in Saudi Arabia) or clerical (in Iran) approaches to public administration are typical of many Muslim countries.

Muslim fundamentalist concepts of governance are linked to the ideas of the Caliphate as better shape governance, with the denial of elections to state bodies (they are replaced by the appointment of an advisory council by the monarch - ashshura - under the ruler). Instead of the participation of citizens in governance, the practice of the Majlis is used (reception on the set days of any orthodox head of state, who is also an imam - a religious head, and members of his family).

In the Arab countries that have been influenced by liberal ideas and are republics (Algeria, Egypt, etc.), only elements of the previous order have been preserved (the actual exclusion of women from politics and public service, the ashshura has become a partially elected advisory council under the president).

When studying public administration, various general scientific and special methods. Among scientific methods analysis and synthesis are of great importance. With their help, for example, the branches of state power (legislative, executive, judicial, etc.) are singled out, the concepts of the state apparatus (in the broad sense), municipality, and local self-government are created.

Apply boolean method(with its help, various conclusions are made, for example, about the principle of legality in management), formalization method(it helps, for example, to create various classifications), comparative method(allows you to compare the possibilities different ways public administration) quantitative methods(including statistical ones, indicating the composition of the administrative apparatus), forecasting method(for example, a conclusion about the possible spun off of new branches of government), extrapolation(distribution of signs of this phenomenon to other similar phenomena), modeling(artificial recreation of certain management procedures), experiment(practical verification of the activities of certain controls in the conditions created by the experimenter).

In the study of public administration are widely used historical method(for example, through the use of historical data, government trends are identified), concrete sociological methods and techniques(questionnaires, interviews, surveys of the population, state and municipal employees), socio-qualitative research methods(for example, to identify social preferences different groups employees), legal(study of normative acts regulating public administration), comparative legal(for example, comparison with foreign management models, contrasting comparison) methods.

The most important role in the study of public administration is played by methods of monitoring the activities of relevant bodies and officials, simulation methods (for example, the organization of relevant business games copying a certain type of activity of a state body or local self-government), various private methods, studying documents, statistics, reports of relevant bodies, data from the media.

The system of state and municipal government of the Russian Federation The system of state and municipal government of the Russian Federation A course of lectures for professional training programs for students, advanced training and professional training of state and municipal employees in the specialty "State and municipal government"




The relevance of studying the course of the SSMU The process of strengthening the Russian statehood and socio-economic transformations carried out on present stage, predetermined the need to modernize the system of public administration and local self-government. Currently, a slow and difficult process of transition of the state to a socially oriented and civilized market economy is taking place compared to the radical liberal orientation of the previous stage towards social stratification and enrichment at any cost for an insignificant minority of the population. The process of strengthening Russian statehood and the socio-economic transformations carried out at the present stage predetermined the need to modernize the system of state administration and local self-government. Currently, a slow and difficult process of transition of the state to a socially oriented and civilized market economy is taking place compared to the radical liberal orientation of the previous stage towards social stratification and enrichment at any cost for an insignificant minority of the population.





administrative reform. Administrative reforms are usually understood as a change in the public administration system in three main parameters: Administrative reforms are usually understood as a change in the public administration system in three main parameters: - restructuring of the system of political institutions and state institutions; - reorganization of the civil service, the composition of the administrative apparatus or bureaucracy; -change in the nature of the relationship administrative system society in general and its various social groups in particular.





The system is a set of elements, parts that are in certain relationships and connections with each other, forming a certain integrity, unity and generating a new quality. a set of elements, parts that are in certain relationships and connections with each other, forming a certain integrity, unity and generating a new quality.





Features of the system integrity, integrity, - self-governance, - self-governance, - the presence of certain structures, elements that can be considered as subsystems, - the presence of certain structures, elements that can be considered as subsystems, - the relationship of elements and external environment- the relationship of elements and the external environment





Characteristics of the system Hierarchy Hierarchy multi-level multi-level individual levels of the system determine certain aspects of its behavior. individual levels of the system determine certain aspects of its behavior. any system can act as an element of a higher order system. any system can act as an element of a higher order system. the holistic functioning of the system becomes the result of the interaction of all its parties, levels of the hierarchy. the holistic functioning of the system becomes the result of the interaction of all its parties, levels of the hierarchy.





The unity of the system of state power is the fundamental principle of the state structure of the Russian Federation, according to the Constitution of the Russian Federation. is the fundamental principle of the state structure of the Russian Federation, according to the Constitution of the Russian Federation. At the same time, the subjects of jurisdiction and powers are subject to differentiation between state authorities at the federal level and authorities of the constituent entities of the Russian Federation. At the same time, the subjects of jurisdiction and powers are subject to differentiation between state authorities at the federal level and authorities of the constituent entities of the Russian Federation. With the expansion of the authorities of the constituent entities of the Federation, bypassing the Constitution of the Russian Federation, the unity of the system is violated. With the expansion of the authorities of the constituent entities of the Federation, bypassing the Constitution of the Russian Federation, the unity of the system is violated.











State A special system of government established in a certain territory. A special system of power established in a certain territory. Institutional and political organization of society. The main purpose of the state is to protect the existing social order and order by influencing the activities and behavior of people by will, authority of power, coercion and other methods. Institutional and political organization of society. The main purpose of the state is to protect the existing social order and order by influencing the activities and behavior of people by will, the authority of power, coercion and other methods.





Signs of the state the presence of a certain territory to which its jurisdiction extends, the presence of a certain territory to which its jurisdiction extends, the existence of a law that establishes a system of sanctioned norms, the existence of a law that establishes a system of sanctioned norms, the presence of special bodies and institutions that implement power functions, i.e. e. control systems. the presence of special bodies and institutions that implement power functions, i.e. control systems.





Public administration is a certain system regulated by law. is a specific system regulated by law. Public administration is the practical, organizing and regulating influence of the state on the social life of people in order to streamline, preserve or transform it, based on its power. Public administration is the practical, organizing and regulating influence of the state on the social life of people in order to streamline, preserve or transform it, based on its power.











In the broad sense of the word, the public administration system includes: includes: the subject of control (control system) - the state the subject of control (control system) - the state of interaction of interaction the subject of control - the social system (controlled life) - society. the subject of management is the social system (managed life) - society.





The subject of the public administration system Direct public administration is expressed in practical activities for the implementation of state policy, ensuring its interests. Direct public administration is expressed in practical activities to implement the policy of the state, to ensure its interests.





Organizational structure Russian Federation According to the current Constitution, the Russian Federation is a Federal Republic with a presidential form of government. According to the current Constitution, the Russian Federation is a Federal Republic with a presidential form of government. The Constitution fixes the two-level structure of state power in Russia, namely: The Constitution fixes the two-level structure of state power in Russia, namely the federal government. federal administration. state administration of the subjects of the Russian Federation state administration of the subjects of the Russian Federation And a three-level system of government - local self-government is separated from the state





Forms of government according to the source of power (form of government) - monarchy, democracy, theocracy; according to the source of power (form of government) - monarchy, democracy, theocracy; type political system(state-political structure) - democracy, authoritarianism, totalitarianism; by type of political system (state-political structure) - democracy, authoritarianism, totalitarianism; the nature of the relationship between the center and constituent parts(state-territorial structure) - confederation, federation, unitary state. according to the nature of the relationship between the center and its constituent parts (state-territorial structure) - a confederation, a federation, a unitary state.





Federation The federal structure is based on the integrity of the state, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the authorities of the Russian Federation and the subjects of the Russian Federation, the equality and self-determination of the peoples of the country. The federal structure is based on state integrity, the unity of the system of state power, the delimitation of jurisdiction and powers between the authorities of the Russian Federation and the constituent entities of the Russian Federation, equality and self-determination of the peoples of the country. Subjects of the federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous regions. In relations with federal government bodies and among themselves, the subjects of the federation are equal. Subjects of the federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. In relations with federal government bodies and among themselves, the subjects of the federation are equal.





Federalism Federalism presupposes the unity of the branches of power in the center and in the regions, the prevention of a parade of sovereignties, the prevention of the priority of national or territorial interests over state interests, and the prevention of political, economic, and legal separatism. Federalism presupposes the unity of the branches of power in the center and in the regions, the prevention of a parade of sovereignties, the prevention of the priority of national or territorial interests over state interests, the prevention of political, economic, legal separatism.





Federation A federation is a voluntary association of several independent state formations to one state. A federation is a voluntary association of several independent state formations into one state. Separate regions (subjects of the Federation) have economic independence, are endowed with significant political rights (their own constitutions, charters, laws, control rights). But at the same time, there is also a strong central government, the laws and rights of which have supremacy over the regional ones. Separate regions (subjects of the Federation) have economic independence, are endowed with significant political rights (their own constitutions, charters, laws, control rights). But at the same time, there is also a strong central government, the laws and rights of which have supremacy over the regional ones. (Russia, USA, Mexico, Germany, Canada, Austria, etc.). (Russia, USA, Mexico, Germany, Canada, Austria, etc.).





The federation is contractual (the contract is signed by all subjects), contractual (the contract is signed by all subjects), constitutional (a single constitution fixes federative relations). constitutional (a single constitution establishes federal relations). A federation can be formed according to: A federation can be formed according to: territorial principle territorial principle national principle. national principle. Territorial-national principle Territorial-national principle Allocate symmetrical (members of the federation have a single legal status) Allocate symmetrical (members of the federation have a single legal status) asymmetric federation (characterized by the inequality of the legal status of the subjects) asymmetric federation (characterized by the inequality of the legal status of the subjects)





Characteristic features of the federation: a two-level system of public authorities; two-level system of public authorities; the competence of the federation and its subjects is established by the constitution or a federal treaty; the competence of the federation and its subjects is established by the constitution or a federal treaty; the supremacy of federal laws; the supremacy of federal laws; bicameral construction of parliament; bicameral construction of parliament; two-channel system of taxes; two-channel system of taxes; no right to secede from the federation; no right to secede from the federation;





Characteristic features of the federation: dual citizenship; double citizenship; supreme, legislative, executive and judicial power belongs to federal bodies. The armed forces are united; supreme, legislative, executive and judicial power belongs to federal bodies. The armed forces are united; subjects of the federation have their own bodies of representative, executive and judicial power, adopt their own constitutions, charters, and other acts; subjects of the federation have their own bodies of representative, executive and judicial power, adopt their own constitutions, charters, and other acts; differentiation of competence between the center and subjects. differentiation of competence between the center and subjects.





The Constitution of 1993 consolidated: the principles of the federal state as the unity of the legal field. principles of the federal state as the unity of the legal field. supremacy of the Constitution of the Russian Federation and federal laws supremacy of the Constitution of the Russian Federation and federal laws conformity of laws, constitutions of republics and charters of other subjects of the Constitution of the Russian Federation. conformity of laws, constitutions of republics and charters of other subjects of the Constitution of the Russian Federation. Inviolability of the territorial integrity of the state. Inviolability of the territorial integrity of the state. Inadmissibility of unilateral change of the subject's status. Inadmissibility of unilateral change of the subject's status. community of economic space: system of taxes, duties, customs borders, etc. community of economic space: system of taxes, duties, customs borders, etc.





The transitional nature of Russian federalism The consequences of the first years of reform, which weakened the central government, have not been overcome. The consequences of the first years of reform, which weakened the central government, have not been overcome. Factors threatening the integrity of the Russian Federation continue to operate. Factors threatening the integrity of the Russian Federation continue to operate. Presence of enclaves. Presence of enclaves. Instability persists in a number of subjects of the Federation Instability persists in a number of subjects of the Federation The complexity of the internal and external economic and geopolitical situation of the country persists. The complexity of the internal and external economic and geopolitical situation of the country remains. Low standard of living for the majority of the population. Social stratification Low standard of living for the majority of the population. Social stratification Ambition of political leaders. ambitions of political leaders.





State power in Russia is exercised by the President of the Russian Federation by the President of the Russian Federation, the Federal Assembly (two chambers: the State Duma and the Federation Council), the Federal Assembly (two chambers: the State Duma and the Federation Council), the Government of the Russian Federation, the courts of the Russian Federation, state authorities of the constituent entities of the Russian Federation. (Table 1.) Government of the Russian Federation, courts of the Russian Federation, public authorities of the constituent entities of the Russian Federation. (Table 1.)





FEDERAL BODIES OF STATE AUTHORITIES (structure of federal authorities) President of the Russian Federation Government of the Russian Federation Security Council Administration of the President of the Russian Federation Federal Assembly State Council Duma of the Federation Accounts Chamber Prosecutor General Constitutional Court Supreme Court Arbitration Court Prosecutor's Office of the Russian Federation











Powers of the President of the Russian Federation (Constitution of the Russian Federation Chapter 4) Head of State; Head of State; Guarantee constitutional rights and democratic freedoms; Guarantor of constitutional rights and democratic freedoms; Guarantor of national security, sovereignty and independence of the state, state integrity; Guarantor of national security, sovereignty and independence of the state, state integrity; Commander-in-Chief. Commander-in-Chief. Provides interaction between public authorities; Provides interaction between public authorities; Defines the outer and internal politics; Determines foreign and domestic policy; Forms and heads the Security Council; Forms and heads the Security Council; Represents the Russian Federation in the international arena; Represents the Russian Federation in the international arena; Issues orders. Signs federal laws; Issues orders. Signs federal laws;





Federal Assembly of the Russian Federation Legislative power is the adoption of laws that reflect the will of the people. Only authorized representatives of the people can adopt federal laws. Therefore, the legislature is called representative. Legislative power is the adoption of laws that reflect the will of the people. Federal laws can only be adopted by authorized representatives of the people. Therefore, the legislature is called representative. Legislative, representative power is exercised by the country's parliament - the Federal Assembly Legislative, representative power is exercised by the country's parliament - the Federal Assembly Legislative power is formed on the basis of general elections of deputies by the entire population or delegation of representatives by legitimate state bodies. Legislative power is formed on the basis of general elections of deputies by the entire population or delegation of representatives by legitimate state bodies.





The Federal Assembly of the Russian Federation The Federal Assembly consists of two chambers. The Federal Assembly consists of two chambers. The Federation Council is formed on the basis of territorial representation, the Federation Council is formed on the basis of territorial representation, the State Duma - on the basis of direct elections. The peculiarity of the legislative power lies in the fact that the federal legislative authorities and the legislative authorities of the constituent entities of the Federation are not in a hierarchy and are not directly subordinate to each other. Their subordination is expressed only through legislative acts, which should not contradict acts of higher legal force. The peculiarity of the legislative power lies in the fact that the federal legislative authorities and the legislative authorities of the constituent entities of the Federation are not in a hierarchy and are not directly subordinate to each other. Their subordination is expressed only through legislative acts, which should not contradict acts that have a higher legal force.





Powers of the Federal Assembly Legislative initiative Legislative initiative Formation of state bodies Formation of state bodies Approval of the budget Approval of the budget Participation in the formation of internal and foreign policy Participation in the formation of domestic and foreign policy Control over the implementation of laws. Control over the implementation of laws.





Powers of the Federation Council Approval of changes in the boundaries of subjects of the Russian Federation. Approval of presidential decrees on the introduction of a state of emergency and martial law. Approval of changes in the boundaries of the constituent entities of the Russian Federation. Approval of presidential decrees on the introduction of a state of emergency and martial law. Decision on the possibility of using the Armed Forces outside the Russian Federation. Decision on the possibility of using the Armed Forces outside the Russian Federation. Appointment of presidential elections. Appointment of presidential elections. Removal of the President from office. Removal of the President from office. Appointment to the position of judges of the Constitutional Court, the Supreme Court. Supreme Arbitration Court. Appointment to the position of judges of the Constitutional Court, the Supreme Court. Supreme Arbitration Court. Appointment and dismissal of the Prosecutor General. Appointment and dismissal of the Prosecutor General. Appointment and dismissal of the Chairman of the Accounts Chamber and half of its members-auditors. Appointment and dismissal of the Chairman of the Accounts Chamber and half of its members-auditors.





Powers of the State Duma of the Russian Federation Legislative initiative. legislative initiative. Expression of consent to the appointment of the Prime Minister. Expression of consent to the appointment of the Prime Minister. resolving the issue of confidence in the Government. resolving the issue of confidence in the Government. appointment and dismissal of the chairman and half of its members. appointment and dismissal of the chairman and half of its members. Appointment and dismissal of the Commissioner for Human Rights. Appointment and dismissal of the Commissioner for Human Rights. Amnesty announcement. Amnesty announcement. Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation. Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation. Bringing charges against the President to remove him from office. Bringing charges against the President to remove him from office.





Administration of the President of the Russian Federation - The Administration of the President ensures the activities of the head of state. -The administration prepares draft decrees, orders, instructions, Presidential addresses, other documents, including draft annual messages of the President to the Federal Assembly. - The administration controls and checks the execution of federal laws, decrees, orders and instructions of the President and submits relevant reports to him. Presidential Administration Moscow, Staraya Square, 4





Administration of the President of the Russian Federation The Administration ensures the interaction of the President with political parties, public associations, professional and creative unions in Russia, state bodies and officials of foreign states, Russian and foreign political and public figures, international organizations. The Administration ensures the interaction of the President with political parties, public associations, professional and creative unions in Russia, state bodies and officials of foreign states, Russian and foreign political and public figures, and international organizations.





Administration of the President of the Russian Federation The Administration analyzes: information on socio-economic, political and legal processes in the country and in the world; appeals of citizens; proposals of public associations and local governments. Reports to the President are prepared on the basis of processed materials. The Administration analyzes: information about the socio-economic, political and legal processes in the country and the world; appeals of citizens; proposals of public associations and local governments. Reports to the President are prepared on the basis of processed materials. The President exercises general management The President exercises general management Directly manages the work of the Administration, its head - Head of Administration Directly manages the work of the Administration, its head - Head of Administration





STRUCTURE OF THE STAFF OF THE Security Council Secretary of the Security Council Deputy Secretaries of the Security Council Secretariat of the Security Council Divisions of the Security Council Directorate of the Security Council Defense Security Public and National Security Economic Security Information security and strategic forecasting departments





Security Council of the Russian Federation The Security Council is formed by the President in accordance with the Constitution and the Law of the Russian Federation "On Security". Permanent members and members of the Security Council are appointed by the President of the Russian Federation The Security Council is formed by the President in accordance with the Constitution and the Law of the Russian Federation "On Security". Permanent members and members of the Security Council are appointed by the President of the Russian Federation





The State Council of the Russian Federation The State Council is an advisory body that facilitates the implementation of the powers of the head of state on issues of the coordinated functioning of government bodies. Chairman of the SG - the President of the Russian Federation, members of the SG - the highest officials of the constituent entities of the Russian Federation) Chairman of the SG - the President of the Russian Federation, members of the SG - the highest officials of the constituent entities of the Russian Federation)





Institute of the Plenipotentiary Representative of the President of the Russian Federation in the Federal District Ensures the implementation of the constitutional powers of the head of state and performs the functions Ensures the implementation of the constitutional powers of the head of state and performs the functions Analyzes the effectiveness of law enforcement agencies, the state of staffing in them. Analyzes the effectiveness of law enforcement agencies, the state of staffing in them. Organizes the interaction of federal executive authorities with state authorities of subjects, local governments, political parties and public and religious associations. Develops, together with interregional associations of economic impact of the constituent entities of the Russian Federation, programs for the socio-economic development of the territory. Develops, together with interregional associations of economic impact of the constituent entities of the Russian Federation, programs for the socio-economic development of the territory. Organizes control over the execution of federal laws, decrees and orders of the President and the Government.











Federal Government of the Russian Federation The Government is the highest federal executive body The Government is the highest federal executive body ensures the overall socio-economic development of the country ensures the overall socio-economic development of the country ensures the vital activity of all links of the economy ensures the vital activity of all links of the economy ensures national security. ensures national security. competent to resolve issues of public administration, referred by the Constitution and federal laws to the jurisdiction of the Russian Federation. competent to resolve issues of public administration, referred by the Constitution and federal laws to the jurisdiction of the Russian Federation.











Powers of the Government of the Russian Federation Develops and submits to the State Duma the federal budget, ensures its implementation. Develops and submits to the State Duma the federal budget, ensures its implementation. Ensures the implementation of a real unified economic policy, policy in the field of culture, education, science, health care, ecology, social security. Ensures the implementation of a real unified economic policy, policy in the field of culture, education, science, health care, ecology, social security. Manages federal property. Manages federal property. Carries out measures to ensure the defense of the country, the implementation of foreign policy Carries out measures to ensure the defense of the country, the implementation of foreign policy Carries out measures to ensure the rule of law, rights and freedoms, combat crime and other powers Carries out measures to ensure the rule of law, rights and freedoms, combat crime and other powers Coordinates the activities of federal executive bodies in reforms: economic, social, housing and communal services, regional policy, etc. Coordinates the activities of federal executive authorities in reforms: economic, social, housing and communal services, regional policy, etc. The government exercises its powers through the development of targeted programs, the adoption of regulations and the organization of their implementation. The government exercises its powers through the development of targeted programs, the adoption of regulations and the organization of their implementation. The President of the Russian Federation determines the political strategy, while the Government develops and implements the socio-economic content of the strategy. The President of the Russian Federation determines the political strategy, while the Government develops and implements the socio-economic content of the strategy.





The judicial system of the Russian Federation In accordance with the Constitution of the Russian Federation, justice in Russia is carried out only by the court - through constitutional, civil, administrative and criminal proceedings (parts 1 and 2 of article 118 of the Constitution of the Russian Federation). The Russian Federation are: federal courts and courts of subjects of the Federation. In accordance with the Constitution of the Russian Federation, justice in Russia is carried out only by the court - through constitutional, civil, administrative and criminal proceedings (parts 1 and 2 of article 118 of the Constitution of the Russian Federation). The Russian Federation are: federal courts and courts of subjects of the Federation. There is a three-tier system: the Constitutional Court, courts of general jurisdiction, arbitration courts. There is a three-tier system: the Constitutional Court, courts of general jurisdiction, arbitration courts. All courts constitute a unified system of courts of the Russian Federation, are organized on the basis of general principles established by federal laws and apply a single federal law. All courts constitute a single system of courts of the Russian Federation, are organized on the basis of general principles established by federal laws and apply uniform federal legislation.





Judicial system of the Russian Federation Judicial proceedings are carried out in accordance with the principles enshrined in the Constitution of the Russian Federation: Judicial proceedings are carried out in accordance with the principles enshrined in the Constitution of the Russian Federation: participation of citizens of the Russian Federation in the administration of justice; participation of citizens of the Russian Federation in the administration of justice; freedom of access to court; freedom of access to court; independence of the judicial board, judge, people's assessor, juror and their subordination in the process of legal proceedings only to the law; independence of the judicial board, judge, people's assessor, juror and their subordination in the process of legal proceedings only to the law; collegial administration of justice; collegial administration of justice; open, public process; open, public process; administration of justice on the basis of competitiveness and equality of the parties; administration of justice on the basis of competitiveness and equality of the parties; the possibility of reviewing negotiations and decisions by a higher court. the possibility of reviewing negotiations and decisions by a higher court.





The Prosecutor's Office of the Russian Federation It is a universal tool for ensuring the interests of the state, responsible for the functioning of the entire system of state institutions, the main human rights body. Officials of the prosecutor's office - prosecutors exercise on behalf of the state the powers belonging to the prosecutor's office in accordance with the Constitution of the Russian Federation and federal laws. The bodies of the prosecutor's office exercise their powers independently of other bodies of state power and local self-government. Interference in the implementation of prosecutorial activities is unacceptable. It is a universal tool for ensuring the interests of the state, responsible for the functioning of the entire system of state institutions, the main human rights body. Officials of the prosecutor's office - prosecutors exercise on behalf of the state the powers belonging to the prosecutor's office in accordance with the Constitution of the Russian Federation and federal laws. The bodies of the prosecutor's office exercise their powers independently of other bodies of state power and local self-government. Interference in the implementation of prosecutorial activities is unacceptable. According to the Constitution of the Russian Federation, the prosecutor's office is a single, federal and centralized system. The prosecutor's office is a federal body; the constituent entities of the Russian Federation do not have their own prosecution bodies. According to the Constitution of the Russian Federation, the prosecutor's office is a single, federal and centralized system. The prosecutor's office is a federal body; the constituent entities of the Russian Federation do not have their own prosecution bodies.





Functions of the Prosecutor's Office of the Russian Federation - implementation on behalf of the Russian Federation of supervision over the implementation of the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation; implementation on behalf of the Russian Federation of supervision over the implementation of the Constitution of the Russian Federation and the implementation of laws in force in the territory of the Russian Federation; ministries and departments, representative and executive bodies of the constituent entities of the Russian Federation, local governments, control bodies, their officials; -supervision of observance of the Constitution of the Russian Federation and execution of laws by federal ministries and departments, representative and executive bodies of subjects of the Russian Federation, local self-government bodies, control bodies, and their officials; --overseeing the observance of the rights and freedoms of man and citizen by the same bodies, as well as management bodies and heads of commercial and non-commercial structures; --overseeing the observance of the rights and freedoms of man and citizen by the same bodies, as well as management bodies and heads of commercial and non-commercial structures; -supervision over the implementation of laws by bodies engaged in operational-search activities, inquiry, preliminary investigation; -supervision over the implementation of laws by bodies engaged in operational-search activities, inquiry, preliminary investigation; - support of public prosecution in court. - support of public prosecution in court.





The Central Electoral Commission It is a state body, the status of which is determined by the Law "On Basic Guarantees of Citizens' Electoral Rights". It is a state body, the status of which is determined by the Law "On Basic Guarantees of Citizens' Electoral Rights". The Commission, within its competence, manages the activities of election commissions for elections to federal bodies of state power, and manages the conduct of referendums of the Russian Federation. The Commission, within its competence, manages the activities of election commissions for elections to federal bodies of state power, and manages the conduct of referendums of the Russian Federation. Together with the election commissions of the subjects of the federation, it monitors the observance of electoral rights and the rights of citizens of the Russian Federation to participate in a referendum, and perform other functions. Together with the election commissions of the subjects of the federation, it monitors the observance of electoral rights and the rights of citizens of the Russian Federation to participate in a referendum, and perform other functions.





Central Bank of the Russian Federation (Bank of Russia). It operates on the basis of the Federal Law of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" (with many changes). It operates on the basis of the Federal Law of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)" (with many changes). the main function is to protect and ensure the stability of the ruble, this function the Bank performs "regardless of other government bodies." the main function is to protect and ensure the stability of the ruble, this function the Bank performs "regardless of other government bodies." in cooperation with the Government of the Russian Federation, the Central Bank develops and implements a unified state monetary policy, is not subordinate to it. in cooperation with the Government of the Russian Federation, the Central Bank develops and implements a unified state monetary policy, is not subordinate to it. The Bank of Russia is engaged in the development and strengthening of the banking system, ensuring the efficient and uninterrupted functioning of the payment system. The Bank of Russia is engaged in the development and strengthening of the banking system, ensuring the efficient and uninterrupted functioning of the payment system. The Central Bank of the Russian Federation monopoly issues cash, organizes money circulation, and organizes a refinancing system. The Central Bank of the Russian Federation monopoly issues cash, organizes money circulation, and organizes a refinancing system.





Central Bank of the Russian Federation (Bank of Russia). The Central Bank of the Russian Federation issues permits, suspends and cancels the operations of currency exchanges for the purchase and sale of foreign currency, the Central Bank of the Russian Federation issues permits, suspends and cancels the operations of currency exchanges for the purchase and sale of foreign currency, establishes the rules for making settlements in the Russian Federation with foreign countries, international organizations and rules for conducting banking operations; establishes the rules for making settlements in the Russian Federation with foreign states, international organizations and the rules for conducting banking operations; maintains the accounts of budgets of all levels of the budget system of the Russian Federation, decides on the state registration of credit institutions, issues licenses to credit institutions for banking operations, suspends their operation and revokes them; maintains the accounts of budgets of all levels of the budget system of the Russian Federation, decides on the state registration of credit institutions, issues licenses to credit institutions for banking operations, suspends their operation and revokes them; carries out banking supervision over the activities of credit institutions and banking groups, registers the issue valuable papers credit institutions of the Russian Federation exercises banking supervision over the activities of credit institutions and banking groups, registers the issue of securities by credit institutions of the Russian Federation





Accounts Chamber of the Russian Federation Permanent body of state financial control Permanent body of state financial control Functions: organizing and monitoring the timely execution of income and expenditure items of the federal budget and the budgets of federal off-budget funds in terms of volume, structure and purpose; determining the efficiency and expediency of spending public funds and using federal property; assessment of the validity of income and expenditure items of draft federal budgets and budgets of federal extra-budgetary funds; financial expertise of draft federal laws, regulatory legal acts of federal government bodies, etc. Functions: organizing and monitoring the timely execution of revenue and expenditure items of the federal budget and budgets of federal extra-budgetary funds in terms of volume, structure and purpose; determining the efficiency and expediency of spending public funds and using federal property; assessment of the validity of income and expenditure items of draft federal budgets and budgets of federal extra-budgetary funds; financial expertise of draft federal laws, regulatory legal acts of federal government bodies, etc.


INTRODUCTION TO THE DISCIPLINE

A. V. SIGAREV

LEGAL SUPPORT FOR STATE AND MUNICIPAL GOVERNANCE

Lecture course

for students of all forms of study

in the direction of training 38.04.04 State and municipal administration

degree: master

program: Management of state and municipal finances; state and municipal administration in a constituent entity of the Russian Federation

Novosibirsk, 2016




Published in accordance with the plan of educational and methodological work of the SIU-branch of the RANEPA

Reviewers:

Osipov A.G. - Head of the Department of Legal and Social Sciences of the Siberian University of Geosystems and Technologies, Doctor of Historical Sciences, Professor;

Markeev A.I. - Professor of the Department of Constitutional and Municipal Law of the SIU - a branch of the RANEPA, Candidate of Law, Associate Professor.

Sigarev, A. V. Legal support of state and municipal management: a course of lectures. / A.V. Sigarev; SIU-branch of RANEPA. - Novosibirsk: SibAGS Publishing House, 2016.

The course of lectures deals with the main issues of legal regulation of state and municipal administration: the concept of state power and public administration, the principles of legal regulation of state and municipal administration, the system of sources of legal regulation of state and municipal administration. The legal regulation of the activities of the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, the judiciary, the Prosecutor's Office of the Russian Federation, as well as state authorities of the constituent entities of the Russian Federation and local governments are considered in detail. Designed for master's students of all forms of education in the direction of preparation 38.04.04 "State and municipal management".




FOREWORD.. 6

INTRODUCTION TO THE DISCIPLINE.. 8

SECTION I. 11

Introduction to the legal support of state and municipal government 11

CHAPTER 1. Subject, principles, system and sources legal support management activities. eleven

1.1. To the question of the concept of public administration 11

1.2. State and municipal administration as a subject of legal regulation 14

1.3. The system of sources of legal regulation of state and municipal government. twenty

1.4. Principles of legal regulation of state and municipal government 31

CHAPTER 2. Fundamentals of legal regulation of the activities of state bodies 45

2.1. The concept and signs of state power. 45

2.2. The concept and features of a state body. 47

2.3. Legal status of the state body. fifty

2.4. The system of state bodies in Russia. 53

CHAPTER 3. The concept, principles, system and forms of local self-government in the Russian Federation 61

3.1. The concept and political and legal nature of local self-government 61

3.2. Sources of municipal law. 67

3.3. Legal bases of municipal democracy. 75

3.4. Legal status of local governments 89

CHAPTER 4. The concept, principles and types of public service in the Russian Federation. Municipal service in the Russian Federation.. 101

4.1. The concept and signs of public service.. 101

4.2. Service law: concept, sources, system. 105

4.3. Legal regulation state civil service 109

4.4. Legal regulation of municipal service.. 112

SECTION II. 122

The main institutions of state and law in the legal support of state and municipal government. 122

Chapter 5. The President of the Russian Federation and the heads of subjects of the Russian Federation in the system of public administration

5.1. Legal status of the President of the Russian Federation as head of state 122

5.2. The procedure for electing the President of the Russian Federation.. 124

5.3. The powers of the President of the Russian Federation, his relationship with other government bodies. 128

5.4. Termination of powers of the President of the Russian Federation.. 137

5.5. Legal status of the heads of subjects of the Russian Federation.. 142

Chapter 6. Legislative power in the system of government. 150

6.1. Federal Assembly - Parliament of the Russian Federation 150

6.2. Legal status of the State Duma.. 153

6.3. Legal status of the Federation Council. 157

6.4. Fundamentals of the federal legislative process. 159

6.5. Legislative bodies of the subjects of the Russian Federation 163

CHAPTER 7. Executive power in the system of government 168

7.1. The concept and types of executive authorities. 168

7.2.. The legal status of the Government of the Russian Federation in the system of executive power 171

7.3. Federal authorities executive power. 174

7.4. Executive authorities of the constituent entities of the Russian Federation.. 180

CHAPTER 8. Court and prosecutor's office in the system of state administration 186

8.1. Judicial power and justice. 186

8.2. Supreme Court of the Russian Federation and courts of general jurisdiction. Judicial Department at the Supreme Court of the Russian Federation.. 189

8.3. Arbitration courts.. 193

8.4. Constitutional Court of the Russian Federation.. 194

8.5. Legal status of judges. 199

8.6. Prosecutor's office. 201

FOREWORD

This course of lectures is an attempt at short form to reveal a very extensive topic of legal support for state and municipal government. Moreover, public administration in this case is understood in the broadest sense - as the activity of all bodies and links in the system of public authority.

State and municipal administration in Russia is carried out by a whole system of bodies divided into branches and levels. The procedure for the formation and activities of each body, its competence is regulated by a separate regulatory legal act, and often by several such acts. In this regard, this course of lectures is very rich in legal material, it is based on the study of several dozen laws and by-laws.

Moreover, in the presented publication, the acts of the Constitutional Court of the Russian Federation are widely used, since without them it is impossible to fully disclose the topic. In the acts of the Constitutional Court of the Russian Federation, an interpretation of many constitutional principles and norms is given, an answer is given to numerous controversial issues of law-making and law enforcement.

Taking into account the fact that this course of lectures is addressed to undergraduates and involves an in-depth study of the material, the publication addresses various problematic issues. According to them, the author expresses his point of view, but does not impose it, but invites readers to think and formulate their opinion.

This textbook does not in any way pretend to be an exhaustive presentation of all theoretical and legal material on the topic, it would be impossible even within the framework of an entire monograph. As you know, the wider the subject of research, the more superficial its study. This manual is rather a starting point for further study of the problems of state and municipal government, a kind of "road map", which outlines the main guidelines.





In the text of the course of lectures, the reader will encounter numerous references to regulatory legal acts. This is done specifically to orient students to the study of primary sources. For a more complete and qualitative study of the discipline, it is necessary to refer directly to the study of the relevant legal acts. In addition, after each chapter there is a list of basic and additional literature, these sources should also be consulted for a more complete study of the topic.

It should be noted that the legislation of our country is constantly changing. New ones are accepted regulations Numerous amendments are introduced instead of the previously existing ones. This manual is written taking into account the legislation as of May 1, 2016. Taking into account possible further changes, the reader is recommended to independently use the computer legal bases "Garant", "Consultant", "Code", in which the regulatory legal acts are presented in the current edition.

When working with this course of lectures, we recommend that you follow a certain sequence of actions. First of all, you need to familiarize yourself with the lecture material presented in the corresponding chapter. Then, to deepen knowledge, you should study additionally recommended literature and regulatory legal acts. After studying each topic, you must answer test questions. If you have difficulty answering them, you should return to the relevant section of the topic and study it more carefully.




INTRODUCTION TO THE DISCIPLINE

The purpose of the discipline "Legal support of state and municipal government" is to form the competencies of constructive interaction with citizens and civil society institutions, other organizations, the ability and readiness for dialogue based on the values ​​of a civil democratic society, knowledge of personnel management technologies and personnel audit, the ability to develop solutions, taking into account the legal and regulatory framework.

For this, the following tasks are solved:

The study of state and municipal government as a legal phenomenon, the originality of the forms of organization of the power of the people, the content of state and municipal legal relations;

Presentation of the most important principles, essence, content and forms of the foundations of legal support for administrative activities (management) in the Russian Federation;

Disclosure of the essence and originality of local self-government as a form of organization of the power of the people, the correlation of the power of local self-government (municipal power) and state power;

The development by students of the skills of interpreting and applying legislation in the activities of state bodies, local governments, individuals and legal entities;

Acquisition of skills in applying judicial, administrative and economic practice in the field of management, making legal decisions on their basis and performing other legal actions in strict accordance with the law, as well as establishing the facts of offenses, determining the measure of responsibility, punishing those responsible and restoring violated rights.

The discipline "Legal support of state and municipal management" refers to the basic part of the professional cycle (M2.B), intended for undergraduates studying in the direction of training 38.04.04 "State and municipal management".

The study of this academic discipline is carried out after studying "Jurisprudence" ("Law") and is designed to consolidate students' already acquired skills logical thinking, the ability to identify patterns and features of the state-legal and economic-legal process, state impact on the economy, legal support for management activities and administration processes, cause-and-effect relationships, lays the foundations of the worldview, forms professional legal awareness and citizenship.

"Legal support of state and municipal government" is also logically connected with another discipline - "Legal foundations of the Russian state", studied at the first stage of higher professional education in various areas of undergraduate studies, and in the process of studying which the main general cultural competencies were formed, aimed at mastering the culture of thinking, ability to analyze and synthesize.

Input knowledge is the basis for further in-depth study of law, understanding patterns and cause-and-effect relationships, developing the ability to analyze facts and predict the subsequent development of domestic legislation. The necessity and importance of studying this academic discipline is due to both theoretical and practical factors. To solve the complex and large-scale tasks that are currently facing, and will be facing for the foreseeable future, domestic managers require not only deep knowledge and the ability to work professionally on the basis of positive law, but also the ability to navigate the variety of public authorities in in the modern world, with the implementation of the activities of which leaders inevitably enter into various kinds of relationships.

The study of the legal support of state and municipal administration helps to gain a deeper understanding of one’s national legal system, contributes not only to expanding the general outlook of a graduate of the corresponding profile of the master’s program, but also to developing a critical approach to various phenomena of legal life, the ability to see trends in legal development within the framework of not only the own legal system of the Russian Federation , but also the main legal systems of modernity.




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