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 programs. Kuznetsova I.A.

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 GU is to ensure the unity of the administrative and partner principles in practice, the regulation of social relations and processes.

Functions of the GU system:

    institutional

    purposeful

    functional

    ideological

    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, bodies state power, the structure and competence of the legislative and executive authorities of the 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.

    * * *

    The following excerpt from the book State and municipal government: lecture notes (I. A. Kuznetsova) provided by our book partner - the company LitRes.

    LECTURE No. 1. The concept, nature and essence of public administration

    1. The concept of public administration

    Control according to the generally accepted, included in encyclopedic dictionaries definition 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 the implementation of 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 team of people carrying out joint activities to achieve a common goal, or some actions that streamline, bring into the system objects of material or spiritual world. In the process and as a result of these actions, special kind social connection between people - 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 activities like education and upbringing.

    In the process of management (as one of the specific types of social relationships between a subject and an 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 the public relations. IN modern conditions The current Constitution of the Russian Federation in the system of managing all the affairs of society and the state can be divided into three main types of social management: 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 common system 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 associated with the implementation of executive state power as one of the branches of state power, which is carried out by a system of special state executive bodies or state administration bodies.

    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 activities: representative activity of the Russian Federation in foreign states, various forms 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, is 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 social production and consumption in broad sense this 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 on 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, there appeared big number professors, textbooks, research work. 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; them scientific developments contained practical recommendations, offered substantiated 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 would 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 the point of view of a broad perspective, they tried to determine the 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 classic definition scientific management: “To manage means 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 helps to increase the quantity and quality of production while spending 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 number of leadership positions, starting with the highest and ending with the lowest, the path along which, passing through all the steps, papers go from supreme power or addressed to her);

    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 in various levels government controlled.

    Generally strengths The classical approach lies 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 describing actual behavior individuals and groups in the process of development and adoption of government decisions. In a relationship practical advice The human relations movement assumes that any normative theory of decision has the prospect of success only when it is based on the 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 the 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 to overcome negative consequences 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 public spending on purchases of goods and services in order to compensate for the missing private demand and by influencing the rate of bank interest, which in a recession should not be too high;

    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.

    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 Siberian University Geosystems and Technologies, Doctor of Historical Sciences, Professor;

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

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

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


    FOREWORD.. 6

    INTRODUCTION TO THE DISCIPLINE.. 8

    SECTION I. 11

    Introduction to the legal support of state and municipal government 11

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

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

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

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

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

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

    2.1. The concept and signs of state power. 45

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

    2.3. Legal status of the state body. fifty

    2.4. The system of state bodies in Russia. 53

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

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

    3.2. Sources of municipal law. 67

    3.3. Legal basis municipal democracy. 75

    3.4. Legal status of local governments 89

    CHAPTER 4. Concept, principles and types public service in RF. Municipal service in the Russian Federation.. 101

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

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

    4.3. Legal regulation of the state civil service 109

    4.4. Legal regulation of municipal service.. 112

    SECTION II. 122

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

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

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

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

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

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

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

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

    6.1. Federal Assembly - Parliament of the Russian Federation 150

    6.2. Legal status State Duma.. 153

    6.3. Legal status of the Federation Council. 157

    6.4. Fundamentals of the federal legislative process. 159

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

    CHAPTER 7. Executive power in the system of government 168

    7.1. The concept and types of executive authorities. 168

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

    7.3. Federal executive authorities. 174

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

    CHAPTER 8. Court and prosecutor's office in the system of 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. The acts of the Constitutional Court of the Russian Federation give an interpretation of many constitutional principles and norms, give an answer to numerous contentious issues lawmaking and law enforcement.

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

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



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

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

    When working with this course of lectures, we recommend that you follow a certain sequence of actions. First of all, you need to familiarize yourself with the lecture material presented in the corresponding chapter. Then, to deepen knowledge, you should study additionally recommended literature and regulatory legal acts. After studying each topic, you must answer 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;

    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 government" 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 government".

    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 of 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 entire 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 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 better understand 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.


    The abstract of lectures complies with the requirements of the State Educational Standard of Higher Professional Education.
    Accessibility and brevity of presentation make it possible to quickly and easily obtain basic knowledge of the subject, prepare and successfully pass the test and exam.
    The concept, essence of public administration, types and forms of the state, public authorities, the structure and competence of the legislative and executive authorities of the Russian Federation, the judiciary, the system of local governments and much more are considered.
    For students of economic universities and colleges, as well as those who independently study this subject.

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

    The objects of 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 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. Organs legislature subjects of the Russian Federation
    4. Higher executive(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 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 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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