System analysis of legal norms. identify conditions that ensure the achievement of goals

System analysis - scientific method knowledge, which is a sequence of actions to establish structural links between the elements of the studied complex systems - technical, economic, etc. It is based on a set of general scientific, experimental, natural science, statistical, and mathematical methods. It is carried out using modern computer technology. The result of systematic research is, as a rule, the choice of a well-defined alternative: a development plan, a technical system, a region, a commercial structure, etc. Therefore, the origins of system analysis, its methodological concepts lie in those disciplines that deal with decision-making problems: the theory of operations and the general theory of management and the systems approach.

The purpose of systems analysis is to streamline the sequence of actions in solving large problems, based on a systems approach. In systems analysis, problem solving is defined as an activity that maintains or improves the performance of a system. Techniques and methods of system analysis are aimed at promoting alternatives problem solving, identifying the extent of uncertainty for each option, and comparing the options in terms of their effectiveness.

System analysis based on a number of general principles, including:

the principle of deductive sequence - sequential consideration of the system in stages: from the environment and connections with the whole to the connections of parts of the whole (see the stages of system analysis for more details below);

the principle of integrated consideration - each system must be integral as a whole, even when considering only individual subsystems of the system;

the principle of coordinating resources and objectives of consideration, updating the system;

the principle of non-conflict - the absence of conflicts between parts of the whole, leading to a conflict between the goals of the whole and the part.

2. Application of system analysis

The scope of system analysis methods is very wide. There is a classification according to which all problems, to the solution of which methods of system analysis can be applied, are divided into three classes:

well-structured or quantified problems in which the essential dependencies are very well clarified;

unstructured (unstructured), or qualitatively expressed problems, containing only a description of the most important resources, features and characteristics, the quantitative relationships between which are completely unknown;

ill-structured or mixed problems that contain both qualitative elements and little-known, undefined aspects that tend to dominate.

To solve well-structured quantifiable problems, the well-known methodology of operations research is used, which consists in constructing an adequate mathematical model (for example, linear, nonlinear, dynamic programming problems, problems of queuing theory, game theory, etc.) and applying methods to find the optimal control strategy targeted actions.

The involvement of system analysis methods to solve these problems is necessary, first of all, because in the decision-making process one has to make a choice in conditions of uncertainty, which is due to the presence of factors that cannot be rigorously quantified. In this case, all procedures and methods are aimed specifically at putting forward alternative solutions to the problem, identifying the extent of uncertainty for each of the options, and comparing the options according to certain performance criteria. Specialists only prepare or recommend solutions, while decision-making remains within the competence of the relevant official (or body).

Decision support systems are used to solve loosely structured and unstructured problems.

The technology for solving challenging tasks can be described by the following procedure:

formulation of the problem situation;

setting goals;

definition of criteria for achieving goals;

building models to justify decisions;

search for the optimal (permissible) solution;

decision approval;

preparing a solution for implementation;

decision approval;

managing the implementation of the solution;

checking the effectiveness of the solution.

The central procedure in system analysis is the construction of a generalized model (or models) that reflects all the factors and relationships of the real situation that may appear in the process of implementing the decision. The resulting model is investigated in order to find out the closeness of the result of applying one or another of the alternative options for action to the desired one, the comparative costs of resources for each of the options, the degree of sensitivity of the model to various external influences.

Research is based on a number of applied mathematical disciplines and methods widely used in modern technical and economic activities related to management. These include:

methods of analysis and synthesis of control theory systems,

method of expert assessments,

critical path method

queuing theory, etc.

The technical basis of system analysis is modern computing power and information systems created on their basis.

The methodological means used in solving problems with the help of system analysis are determined depending on whether a single goal or a certain set of goals is pursued, whether one person or several people make a decision, etc. When there is one fairly clearly defined goal, the degree of achievement of which can be evaluated on the basis of one criterion, methods of mathematical programming are used. If the degree of achievement of the goal must be assessed on the basis of several criteria, the apparatus of utility theory is used, with the help of which the criteria are ordered and the importance of each of them is determined. When the development of events is determined by the interaction of several persons or systems, each of which pursues its own goals and makes its own decisions, the methods of game theory are used.

Despite the fact that the range of modeling and problem solving methods used in systems analysis is constantly expanding, it is not identical in nature to scientific research: it is not related to the tasks of obtaining scientific knowledge in the proper sense, but is only the application of scientific methods to solving practical problems. management and pursues the goal of rationalizing the decision-making process, without excluding inevitable subjective moments from this process.

Translation

Systems analysis provides a rigorous approach to decision making techniques. It is used to explore alternatives and includes modeling and simulation, cost analysis, technical risk analysis, and efficiency analysis.

Unlike SWEBoK, SEBoK is much less common in Russia. At least when preparing a training course for a magistracy, I could not find at least some translations of his articles. Nevertheless, the book structures very useful and so far disparate knowledge in the field of large systems development, including system analysis.

Since my course dealt specifically with system analysis, under the cut there will be a translation of this SEBoK chapter ... But these are just a few chapters of one of the 7 sections of the book.

P.S. I would be grateful for comments and your opinion about this article (quality, necessity) and about interest in systems analysis and systems engineering.

Basic principles of system analysis

One of the main tasks of systems engineering is to evaluate the results obtained from its processes. Comparison, evaluation is the central object of system analysis, providing the necessary techniques and tools for:

Definitions of comparison criteria based on system requirements;
Estimates of the expected properties of each alternative solutions in comparison with the selected criteria;
Summary assessment of each option and its explanation;
Choosing the most suitable solution.

The process of analyzing and choosing between alternative solutions to an identified problem/opportunity is described in SEBoK Section 2 (chapter The Systems Approach in Systems Design). Let's define the basic principles of system analysis:

System analysis is an iterative process consisting of the evaluation of alternative solutions obtained in the process of system synthesis.
System analysis is based on evaluation criteria based on the description of the problem or capability of the system;
- The criteria are based on the ideal system description;
- Criteria should take into account the required behavior and properties of the system in the final solution, in all possible wider contexts;
- Criteria should include non-functional issues such as system security and security, etc. (described in more detail in the System Engineering and Special Design chapter).
- An "ideal" system may support a "non-strict" description, from which "fuzzy" criteria can be determined. For example, stakeholders are for or against certain types of decisions, relevant social, political or cultural conventions must also be taken into account, etc.
Comparison criteria should include, at a minimum, cost and time limits acceptable to stakeholders.
System analysis provides a separate trade-off study mechanism for analyzing alternative solutions
- Trade-off research is an interdisciplinary approach to find the most balanced solution among many proposed viable options.
- The study considers the entire set of evaluation criteria, taking into account their limitations and relationships. A "system of evaluation criteria" is being created.
- When comparing alternatives, one will have to deal with both objective and subjective criteria. Care must be taken to determine the impact of each criterion on the overall score (sensitivity of the overall score).

Note: "Soft" / "non-strict" and "strict" description of the system is characterized by the ability to clearly define the goals, objectives and mission of the system (for "soft" systems, this is often extremely difficult to do).

Exploring trade-offs

Note: In our literature, the term "Analysis of alternatives" or "Evaluation of alternatives" is more common.
In the context of system description, trade-off research consists of comparing the characteristics of each element of the system and each system architecture to determine which solution is generally best suited to the criteria being evaluated. The analysis of various characteristics is performed in the processes of cost analysis, risk analysis, and efficiency analysis. From a systems engineering perspective, these three processes will be discussed in more detail.

All methods of analysis must use the general rules:

Evaluation criteria are used to classify various options solutions. They can be relative or absolute. For example, the maximum price per unit of production is in rubles, cost reduction is %, efficiency increase is %, risk reduction is also in %.
Permissible boundaries of the evaluation criteria that are applied during the analysis are determined (for example, the type of costs that need to be taken into account; acceptable technical risks, etc.);
Evaluation scales are used to compare quantitative characteristics. Their description should include the maximum and minimum limits, as well as the order in which the characteristic changes within these limits (linear, logarithmic, etc.).
An evaluation score is assigned to each solution option for all criteria. The purpose of trade-off research is to provide a quantitative comparison along three dimensions (and their decomposition into separate criteria) for each solution option: cost, risk, and efficiency. This operation is usually complex and requires the creation of models.
Optimization of characteristics or properties improves the evaluation of the most interesting solutions.

Decision making is not an exact science, so exploring alternatives has its limitations. The following issues need to be taken into account:

Subjective evaluation criteria - the personal opinion of the analyst. For example, if a component is supposed to be beautiful, what is the criteria for "beautiful"?
Undefined data. For example, inflation must be taken into account when calculating maintenance costs for the full life cycle of the system. How can a systems engineer predict how inflation will develop over the next five years?
Sensitivity analysis. The overall score given to each alternative solution is not absolute; therefore, it is recommended to perform a sensitivity analysis that takes into account small changes in the "weights" of each evaluation criterion. An estimate is considered reliable if a change in the "weights" does not significantly change the estimate itself.

A carefully conducted study of trade-offs determines the acceptable values of the results.

Performance analysis

Performance analysis is based on the context of the use of the system or problem.

The effectiveness of the solution is determined based on the performance of the main and additional functions of the system, which are identified based on meeting the requirements of stakeholders. For products, this would be a set of generic non-functional qualities, such as safety, security, reliability, maintainability, usability, and so on. These criteria are often accurately described in related technical disciplines and fields. For services or organizations, the criteria may be more related to identifying user needs or organizational goals. Typical characteristics of such systems include sustainability, flexibility, development, etc.

In addition to evaluating the absolute effectiveness of a solution, cost and implementation time constraints must also be taken into account. In general, the role of systems analysis is to identify solutions that can provide efficiency to some extent, taking into account the costs and time allocated for each given iteration.

If none of the solutions can provide a level of performance that justifies the proposed investment, then it is necessary to return to the original state of the problem. If at least one of the options shows sufficient efficiency, then the choice can be made.

The effectiveness of a solution includes (but is not limited to) several essential characteristics: performance, usability, reliability, production, service and support, etc. Analysis in each of these areas highlights the proposed solutions in terms of various aspects.

It is important to establish a classification of the importance of aspects for performance analysis, the so-called. key performance indicators. The main difficulty of performance analysis is to correctly sort and select the set of aspects in terms of which performance is evaluated. For example, if a product is being released for disposable, maintainability would not be a suitable criterion.

Cost analysis

Cost analysis considers the costs of the complete life cycle. Basic set typical costs may vary for a particular project and system. The cost structure can include both labor costs (for wages) and non-labor costs.

Type	Description and example
Development	Design, tool development (hardware and software), project management, testing, breadboarding and prototyping, training, etc.
Production of a product or provision of a service	Raw materials and supplies, spare parts and stock, resources necessary for work (water, electricity, etc.), risks, evacuation, processing and storage of waste or rejects, administrative costs (taxes, administration, document flow, quality control, cleaning , control, etc.), packaging and storage, necessary documentation.
Sales and after-sales service	Sales network expenses (branches, stores, service centres, distributors, obtaining information, etc.), dealing with complaints and providing guarantees, etc.
Customer use	Taxes, installation (at the customer), resources required for operation (water, fuel, etc.), financial risks, etc.
Supplies	Transportation and delivery
Service	Service centers and visits, preventive maintenance, control, spare parts, warranty service costs, etc.
Removal	Collapsing, dismantling, transport, waste disposal, etc.

Costing methods are described in the Planning section (Section 3).

Technical risk analysis

Risk is the potential inability to achieve goals within certain cost, schedule, and technical constraints. Consists of two parts:

Probability of implementation (probability that the risk will be justified and the goals will not be achieved);
Degree of influence or consequences of implementation.

Each risk has a probability greater than 0 and less than 1, a degree of impact greater than 0, and a timeframe in the future. If the probability is 0 - there is no risk, if it is 1 - this is already a fact, not a risk; if the degree of influence is 0 - there is no risk, because there are no consequences of its occurrence (can be ignored); if the dates are not in the future, then this is already a fait accompli.

Risk analysis in any area is based on three factors:

Analysis of the presence of potential threats or unwanted events and the likelihood of their occurrence.
Analysis of the consequences of identified threats and their classification according to the severity scale.
Reducing the likelihood of threats or the level of their impact to acceptable values.

Technical risks are realized when the system ceases to meet the requirements for it. The reasons for this are either in the requirements or in the solution itself. They are expressed as insufficient efficiency and can have several causes:

Misjudgment of technological possibilities;
Reassessment of the technical readiness of a system element;
Accidents due to wear or obsolescence of equipment, components or software,
Dependence on the supplier (incompatible parts, delivery delay, etc.);
Human factor (insufficient training, incorrect settings, insufficient error handling, performing inappropriate procedures, malicious intent), etc.

Technical risks should not be confused with project risks, although the methods of managing them are the same. Although technical risks can lead to project risks, they are focused on the system itself, and not on the process of its development (detailed in the Risk Management chapter of Section 3).

Process approach

Purpose and principles of the approach

The system analysis process is used to:

Ensuring a rigorous approach to decision making, resolving conflicting requirements, and evaluating alternative physical solutions ( individual elements and all architecture)
Determining the level of satisfaction of requirements;
Risk management support;
Confirmation that decisions are made only after cost, time, performance, and impact of risks on the design or redesign of the system have been calculated.

This process has also been called the decision analysis process (NASA, 2007) and has been used to evaluate technical challenges, alternative solutions, and their uncertainty for decision making. For more details, see the Decision Management chapter (Section 3).
System analysis supports other processes of system description:

The stakeholder requirements description and system requirements description processes use systems analysis to resolve conflicts between requirements; in particular those related to costs, technical risks and efficiency. System requirements that are at high risk or require significant architectural changes are further discussed.
The logical and physical architecture development processes use systems analysis to evaluate the characteristics or develop properties of architecture options, provide a rationale for choosing the most effective option in terms of costs, technical risks and efficiency.

Like any system description process, system analysis is iterative. Each operation is performed several times, each step improves the accuracy of the analysis.

Tasks within a process

Key activities and tasks within this process include:

Planning to explore alternatives:
- Determination of the number of alternatives for analysis, methods and procedures used, expected results (examples of objects to choose from: behavioral scenario, physical architecture, system element, etc.), and justification.
- Creation of an analysis graph according to the availability of models, technical data ( system requirements, description of the properties of the system), qualifications of personnel and selected procedures.
Definition of model selection criteria:
- Selection of evaluation criteria from non-functional requirements (performance, operating conditions, constraints, etc.) and/or feature descriptions.
- Sorting and ordering criteria;
- Determination of a comparison scale for each evaluation criterion, and determination of the weight of each criterion in accordance with its level of importance relative to other criteria.
Determination of decision options, associated models and data.
Evaluation of options using previously defined methods and procedures:
- Perform cost analysis, technical risk analysis and efficiency analysis, placing all alternatives on the scale for each evaluation criterion.
- Rate all alternative options on a common rating scale.
Providing results to the initiating process: assessment criteria, selection of assessments, comparison scales, assessment results for all options, and possible recommendations with justification.

Artifacts and process terminology

As part of the process, artifacts such as:

Selection criteria model (list, rating scales, weights);
Reports on the analysis of costs, risks, efficiency;
A report with the rationale for the choice.

The process uses the terms listed in the table below.

Term	Description
Evaluation criterion	In the context of systems analysis, an evaluation criterion is a characteristic used to compare system elements, physical architecture, functional scenarios, and other elements that can be compared. Includes: identifier, title, description, weight.
Estimated Choice	Management of system elements, based on an evaluation score that explains the choice of system elements, physical architecture, or use case.
Estimated score (grade)	The evaluation score is obtained by elements of the system, physical architecture, functional scenarios using a set of evaluation criteria. Includes: identifier, title, description, value.
Expenses	The value in the selected currency associated with the value of the system element, etc. Includes: identifier, name, description, amount, cost type (development, production, use, maintenance, disposal), valuation method, validity period.
Risk	An event that can occur and affect the goals of the system or its individual characteristics(technical risks). Includes: identifier, title, description, status.

Checking the correctness of the system analysis

To obtain verified results, it is necessary to ensure that the following points are met:

Matching models and data in the context of using the system;
Compliance of evaluation criteria with respect to the context of system use;
Reproducibility of modeling and calculation results;
Sufficient level of accuracy of comparison scales;
Trust in estimates;
Sufficient level of sensitivity of the received scores relative to the weights of the evaluation criteria.

Principles of using models

Use of general models. Various types of models can be used in the context of systems analysis.
- Physical models are scale models that allow you to experiment with physical phenomena. Specific to each discipline; for example: mock-ups, test benches, prototypes, vibrating tables, decompression chambers, air tunnels, etc.
- View models are mainly used to model the behavior of a system. For example, state diagrams, etc.
- Analytical models are used to establish the meaning of ratings. Use equations or diagrams to describe real work systems. They range from very simple (element addition) to incredibly complex (probability distribution with multiple variables).
Use of the necessary models. Appropriate models should be used at each stage of the project:
- At the start of the project, use simple tools, allowing one to obtain rough approximations without special costs and effort. This approximation is enough to immediately determine unrealistic solutions.
- As the project progresses, it is necessary to improve the accuracy of the data to compare still competing options. The work will be more difficult high level innovation in the project.
- A systems engineer by himself cannot model a complex system, for this he is assisted by experts from relevant subject areas.

Expertise by subject matter experts: when the value of the evaluation criterion cannot be established objectively and accurately. The examination is carried out in 4 stages:

Selection of respondents to obtain qualified opinions on the issue under consideration.
Creation of a draft questionnaire. Questionnaires with precise questions are easier to evaluate, but if it is too closed, there is a risk of missing essential items.
Conducting interviews with specialists using a questionnaire, including conducting an in-depth discussion of the problem to obtain a more accurate opinion.
Analysis of the obtained results with several different people by comparing their feedback until an agreement is reached on the classification of evaluation criteria or solutions.

The most commonly used analytical models in the framework of system analysis are shown in the table.

model type	Description
Deterministic (defined) models	A deterministic model is one that does not depend on probability theory. This category includes models based on statistics. The principle is to create a model based on a significant amount of data and the results of previous projects. Can only be applied to system components whose technology is already known. Models "by analogy" also use previous designs. The element under study is compared with an already existing element with known characteristics. Then these characteristics are refined based on the experience of specialists. Learning curves allow you to anticipate a change in a characteristic or technology. One example: "Each time the number of modules produced is doubled, the cost of that module is reduced by a fixed, constant fraction."
Stochastic (probabilistic) models	If there are random values among the values in the model, i.e. determined only by some probabilistic characteristics, then the model is called stochastic (probabilistic, random). In this case, all the results obtained when considering the model are of a stochastic nature and should be interpreted accordingly. Probability theory makes it possible to classify possible solutions as a consequence of a set of events. These models are applicable to a limited number of events with simple combinations possible options.
Multicriteria models	If there are more than 10 criteria, it is recommended to use multi-criteria models. They are obtained as a result of the following actions: Build a hierarchy of criteria; Associate with each criterion of each branch of the tree with its "weight" relative to the criteria of the same level. The weight for each "sheet" of criteria for each branch is calculated by multiplying by all the weights of the branch. Evaluate each alternative solution according to the criteria leaves, summarize the estimates and compare with each other. Sensitivity analysis can be performed using a computer to obtain an accurate result.

The main pitfalls and successful practices of systems analysis are described in the two sections below.

Underwater rocks

Underwater rock	Description
Analytical modeling is not a decision-making tool	An analytical model provides an analytical result from the analyzed data. It should be seen as a help, not as a decision-making tool.
Models and levels of system decomposition	The model can be well adapted to the nth level of system decomposition and is incompatible with a higher level model that uses data from child levels. It is important that the systems engineer ensures that the models are consistent at various levels.
Optimization is not the sum of optimized elements	The overall optimization of the system under study is not the sum of the optimization of each part of it.

Proven Methods

Methodology	Description
Stay in the operational field	Models can never show all the behavior and response of a system: they operate in a limited space with a narrow set of variables. When using a model, it is always necessary to make sure that the inputs and parameters are part of the operational field. Otherwise, there is a high risk of incorrect results.
Develop Models	Models must evolve over the course of the project: by changing parameter settings, introducing new data (changing evaluation criteria, functions performed, requirements, etc.), and by using new tools when the previous ones reach their limits.
Use multiple model types	It is recommended to use several various types models to compare results and take into account other aspects of the system.
Keep Context Elements Consistent	Simulation results are always obtained within the context of the simulation: the tools used, the assumptions, the input parameters and data, and the spread of the output values.

SYSTEM ANALYSIS- a set of methods and tools used in the study and design of complex and super-complex objects, primarily methods for developing, making and justifying decisions in the design, creation and management of social, economic, man-machine and technical systems . In the literature, the concept of system analysis is sometimes identified with the concept systems approach , but such a generalized interpretation of systems analysis is hardly justified. Systems analysis emerged in the 1960s. as a result of the development of operations research and systems engineering. The theoretical and methodological basis of system analysis is systems approach and general systems theory . The system analysis is applied hl.o. to the study of artificial (arising with the participation of man) systems, and in such systems an important role belongs to human activity. The use of system analysis methods for solving research and management problems is necessary, first of all, because in the decision-making process one has to make choices under conditions of uncertainty, which is associated with the presence of factors that cannot be rigorously quantified. The procedures and methods of system analysis are aimed at putting forward alternative solutions to the problem, identifying the extent of uncertainty for each of the options and comparing the options according to certain performance criteria. According to the principles of system analysis, one or another difficult problem(primarily the problem of management) should be considered as a whole, as a system in the interaction of all its components. To make a decision about the management of this system, it is necessary to determine its goal, the goals of its individual subsystems and the many alternatives for achieving these goals, which are compared according to certain efficiency criteria, and as a result, the most appropriate management method for a given situation is selected. The central procedure in system analysis is the construction of a generalized model (or models) that reflects all the factors and relationships of the real situation that may appear in the process of implementing the solution. The resulting model is investigated in order to find out the closeness of the result of applying one or another of the alternative options for action to the desired one, the comparative cost of resources for each of the options, the degree of sensitivity of the model to various undesirable external influences. System analysis is based on a number of applied mathematical disciplines and methods widely used in modern management activities. Technical background system analysis - modern computers and information systems. System analysis widely uses methods of system dynamics, game theory, heuristic programming, simulation modeling, program-target management, etc. An important feature of system analysis is the unity of the formalized and non-formalized means and methods of research used in it.

Literature:

1. Gvishiani D.M. Organization and management. M., 1972;

2. Cleland D.,King W. System analysis and target management. M., 1974;

3. Nappelbaum E.L. System analysis as a research program - structure and key concepts. - In the book: System Research. Methodological problems. Yearbook 1979. M., 1980;

4. Larichev O.I. Methodological problems of practical application of system analysis. - There; Blauberg I.V.,Mirsky E.M.,Sadovsky V.N. System approach and system analysis. - In the book: System Research. Methodological problems. Yearbook 1982. M., 1982;

5. Blauberg I.V. The problem of integrity and a systematic approach. M., 1997;

6. Yudin E.G. Methodology of science. Consistency. Activity. M., 1997.

7. See also lit. to Art. System , Systems approach.

V.N.Sadovsky

System analysis - этo кoмплeкc иccлeдoвaний, нaпpaвлeнныx нa выявлeниe oбщиx тeндeнций и фaктopoв paзвития opгaнизaции и выpaбoткy мepoпpиятий пo coвepшeнcтвoвaнию cиcтeмы yпpaвлeния и вceй пpoизвoдcтвeннo-xoзяйcтвeннoй дeятeльнocти opгaнизaции.

System analysis has the following features:

It is used to solve such problems that cannot be posed and solved by separate methods of mathematics, i.e. problems with the uncertainty of the decision-making situation;

It uses not only formal methods, but also methods of qualitative analysis, i.e. methods aimed at activating the use of intuition and experience of specialists;

Combines different methods with the help of a single technique;

It relies on scientific worldview, in particular, on dialectical logic;

Gives the opportunity to combine knowledge, judgment and intuition of specialists in various fields of knowledge and obliges them to a certain discipline of thinking;

The main attention is paid to goals and goal-setting.

Applications system analysis can be determined from the point of view of the nature of the tasks being solved:

Tasks related to the transformation and analysis of goals and functions;

The tasks of developing or improving the structure;

Design tasks.

All these tasks are realized in different ways at different levels of economic management. Therefore, it is expedient to single out the areas of application of system analysis and, according to this principle: tasks of the general public, national economic level; tasks of the sectoral level; tasks of a regional nature; tasks of the level of associations, enterprises.

10. Stages of the development process and the main methods of making managerial decisions.

Decision making is a fast-paced process of two or more alternatives. Decision is a conscious choice of characteristics of behavior in a particular situation.

All solutions can be divided into programmable and non-programmable. So the establishment of wages in budget organization is a programmable solution, which is determined by the laws and regulations in force in the Russian Federation.

By degree of urgency allocate:

research solutions;

crisis guidance.

Research decisions are made when there is time to obtain additional information. Crisis-intuitive solutions are used when there is a danger that requires an immediate response.

There are the following decision making approaches:

by degree of centralization;

by degree of individuality;

according to the degree of employee involvement.

The centralized approach assumes that as many decisions as possible should be made at the highest level of the organization. The decentralized approach encourages managers to transfer decision-making responsibility to the lower level of management. In addition, the decision can be made individually or as a group.

As it gets more complicated technological processes more and more decisions are made by a group of specialists in various fields scientific knowledge. The degree of participation of the employee in solving the problem depends on the level of competence. It should be noted that modern management encourages the participation of employees in solving problems, for example, through the creation of a system for collecting assumptions about improving the work of the enterprise.

The solution planning process can be broken down into six steps: -problem definition;

Setting goals; developing alternative solutions; choosing an alternative; implementing a solution;

evaluation of results.

The problem is, as a rule, in some deviations from the expected course of events. Next, you need to determine the extent of the problem, for example, what is the proportion of rejected products in the total volume. It is much more difficult to determine the causes of the problem, for example, in which area the violation of technology led to the appearance of marriage. The definition of the problem is followed by the setting of goals, which will serve as the basis for future decision, for example, what should be the level of marriage.

The solution to a problem can often be provided in more than two ways. To form alternative solutions, it is necessary to collect information from many sources. The amount of information collected depends on the availability of funds and the timing of decision making. In the enterprise, as a rule, the probability of achieving results of more than 90% is considered a good indicator.

To select one of the alternatives, it is necessary to consider the correspondence between costs and expected results, as well as the feasibility of implementing the solution in practice and the likelihood of new problems arising after the implementation of the solutions.

The implementation of the decision involves the announcement of an alternative, the issuance of the necessary orders, the distribution of tasks, the provision of resources, the monitoring of the process of implementing the decision, the adoption of additional decisions.

After implementing the decision, the manager must evaluate its effectiveness by answering the following questions:

Was the goal achieved; was it possible to achieve the required level of expenditure;

Were there any undesirable consequences;

What is the opinion of employees, managers, other categories of persons involved in the activities of the enterprise about the effectiveness of the solution.

11. Target approach in management. The concept and classification of goals.

The fundamental principle of management is the right choice of goals, since purposefulness is main feature any human activity. Transition to market relations convincingly shows that the management of the process of labor and production is increasingly becoming a process of managing people.

Target is a specification of the mission of the organization in a form accessible to manage the process of their implementation

Requirements for the goals of the organization:

functionality for so that the leaders various levels could easily transform the general goals that are set at a higher level into tasks for lower levels

Establishing a mandatory temporal link between long-term and short-term goals

Their periodic review based on analysis according to specific criteria, so that the internal capabilities correspond to the existing conditions;

Ensuring the necessary concentration of resources and efforts;

The need to develop a system of goals, and not just one goal;

Coverage of all spheres and levels of activity.

Any goal will be effective if it has the following characteristics:

specific and measurable;

Certainty in time;

Targeting, direction;

Consistency and consistency with other goals and resource capabilities of the organization;

Controllability.

The entire system of goals of the organization should be an interconnected system. Such a relationship is achieved by linking them using the construction goal tree. The essence of the concept of "tree of goals" is that at the first stage of goal setting in the organization, the main goal of its activity is determined. Then one goal breaks down into a system of goals for all areas and levels of management and production. The number of levels of decomposition (dividing the overall goal into subgoals) depends on the scale and complexity of the goals set, adopted in organization structure, the degree of hierarchy of building its management. At the very top of this model is the overall goal (mission) of the organization, and the foundation is the tasks, which are the formulation of work that can be performed in the required manner and within predetermined deadlines.

Directions for improving goal-setting in the organization:

Development and specification of parameters of economic analysis in the organization; analysis of the economic activity of the organization;

Control and management of changes in the economic parameters of the organization's development;

Predictive economic calculations development of new markets;

Determination of the economic strategy of the organization in relation to competitors, partners and consumers;

Valuation of fixed assets, working capital, labor productivity;

Economic calculations of the needs of the population in the goods and services offered by the organization;

Definition of a strategic approach to the economic calculation of the base price for a product (service);

Establishment of an effective system of remuneration of the personnel of the organization.

plays an important role in the goal-setting process. motivetion. The model of forming the system of goals of the organization is based on the system of motivations that are used at different levels of the company's management. Effective motivation can be carried out on the basis of a system of means, and not with the help of any one, even a very important incentive. Therefore, when developing the goals of the organization, the correct construction and method of applying the motivation system are of great importance.

Classification of the goals of the organization.

The goals of the organization define the parameters of the organization. The goals of an organization are often defined as the directions in which its activities should be carried out. The main goals of the organization are developed by the managers of the main resources (professional managers) on the basis of a system of values. The top management of the organization is one of the key resources, therefore the value system of the top management influences the structure of the goals of the organization, while the integration of the values of the company's employees and shareholders is achieved.

Can be distinguished organization's goals system:

Survival in a competitive environment;

Prevention of bankruptcy and major financial failures;

Leadership in the fight against competitors;

Maximizing the "price" or creating an image;

Growth of economic potential;

Growth in production and sales volumes;

Profit maximization;

Cost minimization;

Profitability.

The goals of the organization are classified:

2. period of establishment: strategic, tactical, operational;

3priorities: special priority, priority, other;

4measurability: quantitative and qualitative;

5nature of interests: external and internal;

6 repeatability: constantly recurring and one-time;

7time period: short-term, medium-term, long-term;

8 functional orientation: financial, innovative, marketing, production, administrative;

9 stages of the life cycle: at the stage of design and creation, at the stage of growth, at the stage of maturity, at the stage of completion of the life cycle;

11hierarchies: the goals of the entire organization, the goals of individual units (projects), the personal goals of the employee;

12 scales: corporate, intra-company, group, individual.

The diversity of the goals of the organization is explained by the fact that, in terms of content, the elements of the organization are multidirectional in many parameters. This circumstance necessitates a set of goals, different in terms of management level, management tasks, etc. The classification of goals allows a deeper understanding of the versatility of the activities of economic organizations. The criteria used for classification can also be applied by many economic organizations. However, the specific expressions of goals within this classification will remain different. The classification of the goals of the organization allows you to increase the efficiency of management by choosing for each goal the system of necessary information and methods of setting.

what law” (and the rules of law even more so!) We set the rights and freedoms of a person, a citizen, or measures and forms of freedom of an individual, then we, whether we want it or not, when analyzing the structure of a rule of law (and law!) without this person, citizen, individual. In the hypothesis, disposition and sanction, it “is not visible, it is simply hidden somewhere ...”, and even more so rights and freedoms.

This, however, does not fit well with the ideas of a democratic, humane society and the rule of law, not to mention the freedom of a person, an individual. Moreover, if we adhere to the concept of market legal understanding, then different participants can act as subjects in the structure of legal norms. public relations(and not only the subjects mentioned by G.O. Petrov). It should also be borne in mind that a legal norm is often addressed to a circle of persons defined by specific characteristics (citizens, parents, spouses, tax inspectorate, bailiff, etc.).

Unlike an order addressed to precisely designated subjects and valid until its execution (decisions on the construction of a building, the transfer of precisely defined property, the payment of bonuses, and dismissal), the rule of law is not limited to execution. It is turned to the future in the sense that it is designed not only for a given, present case, but also for a view that does not exist. certain number cases and relations defined in a general form (conclusion of a contract, transfer of property, marriage, birth of a child) and is implemented every time when the circumstances and situations envisaged by it arise.

With regard to procedural norms, as shown by R.V. Shagiev, the subject is very important. It is characterized by many specific features and moments. In particular, the procedural state can also be associated with the natural properties of inanimate objects. Relying on natural properties things, the legislator builds a rationing of the behavior of subjects associated with these things. These states include the storage of material sources of evidence and various items, valuables, money. A similar situation also arises in connection with the choice of a measure of restraint in the form of bail: a bail in monetary terms or in the form of valuables is deposited with the court by the accused, suspect or other person and kept by the court until there is no need for this measure of restraint. It also occurs when applying such a measure to secure a claim as the seizure of property or sums of money belonging to the defendant.

Such a possible element of a procedural legal norm as an indication of a subject often appears in legislation because procedural norms are almost always designed not for anyone, but only for certain persons (subjects) who may be

in the legal process. These are a court elected in accordance with the procedure established by law, a prosecutor, an investigator, arbitration, a commission on labor disputes, the administration of an organization, etc. However, this also applies to the participants in the process (for example, a person who knows the languages \u200b\u200bwhich is necessary for the case, and who is appointed by the body of inquiry, investigator, prosecutor as an interpreter). Moreover, most of the procedural rules are not addressed to everyone, but only to a well-defined participant in the social relations they regulate (court, plaintiff, defendant, defender, etc.), therefore, an indication of the subject composition in them is often necessary. The content of the subject composition of procedural norms is usually a description of the quality of the subject, acquired by him by virtue of birth or derivative from any actions (citizenship, marriage, disability, length of service, kinship, specialty).

Due to the specifics of their activities, certain persons cannot (and sometimes do not want to) exercise their procedural rights and obligations without the intervention of specially authorized representatives of the authorities, without the manifestation of their powers. Thus, a person who has been harmed morally, physically or property by a crime is involved in the criminal process only after the person conducting the inquiry, the investigator and the judge decides to recognize him as a victim. All this affects the structure of procedural norms, suggesting the need for a clear indication of their subject composition.

An indication of the addressees of the criminal law norm is sometimes formulated not only in a positive, but also in a negative form. The procedural law contains big number articles on the conditions that exclude the possibility and necessity of participation of subjects in legal proceedings. Thus, the translator must not only speak the required language, but also not have a direct or indirect interest in the outcome of the case (according to the law). An important role in determining the subject composition is played by the institutions of challenge, replacement of the wrong party (in civil proceedings), etc. Not very often in the procedural legislation there is an indication of the immediate purpose of the procedural actions. It is known that the investigative experiment is carried out "in order to verify and clarify the data relevant to the case."

Subjects in modern conditions must be included in the structure of any rule of law, or in any case, they must always be kept in mind, considered, put into effect, etc., and not denied or pretended that they simply do not exist. Moreover, in every norm, situation, etc. the subject will be his own, with his own set of features, rights, duties, line of conduct, etc. The subject - essential element legal norms

III. Problems of the theory of law

Wa. But what about other parts of the rule of law? With the same hypothesis, disposition and sanction? Without them, we, too, would never have received the full norm (with one link, two or three, it doesn’t matter). Hypothesis, disposition and sanction constitute the core of any legal norm, the basis of the logical structure of any legal norm.

The hypothesis, as before, acts as a part of the norm, indicating life circumstances, the occurrence of which will entail the “switching on” of the operation of one or another legal norm. They can be events (for example, a severe flood), a specific result of an action (delivery of a manuscript to a publisher), an age fact (60 years old - men have the opportunity to raise the issue of assigning a pension), time, place, etc. The hypotheses will be either simple (one condition, one circumstance) or complex (several circumstances necessary for the rule to work).

The disposition acts as the “root” part of the rule of law, containing the very rule of behavior that the subjects of the relationship regulated by this rule must follow. The disposition most often indicates the rights and obligations of subjects, contains instructions (indication) on how those who will fall under it should act, i.e. a standard of desirable behavior is given.

The sanction determines the type and extent of the consequences resulting from compliance or non-compliance with the disposition. First of all, the type and measure of coercion applied to subjects violating this rule are associated with the sanction of the rule of law. However, there are a number of sanctions that provide for positive result(receipt of a bonus, gratitude, award) for performing any special, significant actions in accordance with the prescription of a legal norm. At the same time, the sanction will also act as providing, first of all, the type and measure of coercive measures, negative, undesirable consequences for the subject.

The sanctions provide for the following:

Deprivation of the subject of certain material values;

Deprivation of the subject (physical or legal)
the benefits that lie to him or the failure to provide those benefits that
are used by other subjects of law (imprisonment,
prohibition of the release of non-standard products, transfer to special
former credit regime, etc.);

Derogation of the honor and dignity of the subject (announcement of a reprimand
ra, dismissal from service);

Recognition invalid acts of the subject (physical
or legal) aimed at achieving certain
legal results (recognition of the transaction as invalid
telnoy, the abolition of the law adopted in violation of the competence
the first act, etc.).

Sometimes scholars erroneously equate sanction with legal responsibility. However, a sanction is an element of a legal norm that is implemented only in case of an offense. It always exists, and liability arises only in case of a real violation of this norm. The sanction, as it were, anticipates responsibility, providing in advance, indicating to law enforcement agencies the type and amount of responsibility that can be applied to the subject (citizen) for the offense he committed. The offender, in turn, the sanction indicates the methods that the relevant state authorities can resort to, the procedure, the limit of penalties, coercive and punitive methods of influence. It is generally recognized that sanctions are the legal basis for all types of liability.

The logical structure of the norm has great importance to improve the practice of application legal regulations. The systemic nature of law, the inseparable connection and consistency of the norms, the elements of which are contained in various regulations (or articles, sections of the law), require that when solving any legal case, carefully study all those provisions of the legislation that are related to the applicable legal situation.

The advantage of the four element scheme is precisely that this scheme encourages legal scholars, practitioners not only to comprehensively analyze the normative material in its entirety, determine the conditions for the application of the legal norm, its content, the consequences of its violation, but also to analyze the problems subject, person, citizen, etc. in a democratic society, his rights and freedoms, the protection of these rights and freedoms, their promotion. Such an orientation is not given by either a two- or three-element scheme that fences off right, rights and freedoms from a person, a citizen, an individual with a kind of wall.

The rights and freedoms of man and citizen in Russia are recognized as the highest value (Article 2 of the Constitution of the Russian Federation). It turns out that this highest value of the subject (person, citizen) cannot be ignored in the structure of the rule of law as in the initial element of law, but it must be put in first place in comparison with all other elements of this rule. At the same time, it is important to take into account the rights and freedoms of man and citizen and their measures in a comprehensive study of the internal and external forms of law.

However, the internal and external form of the norms often do not coincide. Very rarely there are such articles of laws that contain all the constituent parts of the rule of law (subject, hypothesis, disposition, sanction). Most often there are articles that contain a disposition and a sanction, and the hypothesis must either be implied or contained in another article. Just the same can

III. Problems of the theory of law

10. Systematic analysis of the rule of law

It turns out that the disposition is contained in one article, the sanction - in the second, and the subject - in the third. Thus, in accordance with the Criminal Procedure Code, “when charges are brought, the investigator is obliged to explain to the accused his rights provided for by law, which is noted on the decision to bring him as an accused, which is certified by the signature of the accused” (Article 149).

In this article there is a subject - “the accused”, “his rights”, a hypothesis - “when charges (circumstances) are brought”, there is a disposition - the rule: “he is obliged to explain the rights and make a note in the decision”. However, there is no sanction, which is contained in Art. 213-214 of the Code of Criminal Procedure: when the prosecutor, approving the indictment, finds that the requirements of this article have not been met, he will not approve the conclusion, but, returning it to the investigator, will force the latter to eliminate this violation. The return of the case for further investigation is the sanction.

In the process of lawmaking, a practice has been developed for presenting the norms of law in the articles of normative acts, which consists in its multivariance, when one article of a normative act corresponds to one norm of law (the article and the norm coincide), i.e. in one article there is a subject, a hypothesis, a disposition, a sanction. This statement of the law is rare. One article of a normative act contains only one part of the rule of law, for example, a disposition; one article of a normative act contains several norms of law; one article of a normative act contains two parts of a rule of law, for example, a hypothesis and a sanction (or a hypothesis and a disposition).

The most common version of the presentation of the rules of law, when one rule is located in several articles of a normative act and even in several normative acts, for example, the subject - in one, the hypothesis - in the second, and the disposition - in the third normative act. This is due to the requirements (rules) of legislative technique, which presuppose the brevity and compactness of the publication of a normative act. Otherwise, the codices would go from easy-to-use compact editions to bulky, heavy volumes that would be very difficult to use.

A systematic, comprehensive analysis of the rules of law requires the development of a scientifically based classification of the rules of law, which play an important role in law enforcement practice. government agencies and other entities. Theorists of state and law often begin with the differentiation of norms according to an industry criterion (based on the branches of law). Then they analyze the norms of the material and procedural law, then they delimit the norms according to the form of the prescription (into binding, authorizing and prohibitive) and finally characterize the main ones (program norms, norms-rules of conduct and general norms).

The classification of norms, if one adheres to the concept of civil law, must begin with programmatic, initial norms of law. It is from them that the whole “legal principle” of any democratic state begins, the whole (and not from branches) process of general knowledge, comprehension and, in the future, the construction of the entire legal system of a democratic state. These are program, basic (initial) norms, norms of the rule-behavior and general norms.

Program, initial norms are norms-principles, norms-definitions that serve as a starting point for the law-making bodies of a democratic state. They must be guided by all subjects, accepting all other norms. This is a kind of pointer, landmark and at the same time a requirement for the legislator. Such norms are contained mainly in constitutions. Constitutional law contains many program ideas that are important for establishing order in many areas of social relations, but not through the emergence of specific legal relations, but by proclaiming the most general rules and principles that are aimed at creating specific norms.

An example is the rule contained in Art. 2 of the Constitution of the Russian Federation: “Human rights and freedoms in Russian Federation are the highest value”, or in Part 1 of Art. 68: " State language Russian Federation throughout its territory is the Russian language. The same norm will be established by Part 1 of Art. 129 the provision that "the Prosecutor's Office of the Russian Federation constitutes a single centralized system with the subordination of lower prosecutors to higher ones and Attorney General Russian Federation".

Norms - rules of conduct - this is the bulk of legal norms. It is these rules that make up the majority in all branches of law. Among them, regulatory and protective norms are the most common.

General rules- these are norms that extend their effect not to one branch or institution of law, but to several branches and institutions. This type of norms is most obvious in the general parts of a particular branch of law (criminal, administrative, penitentiary, etc.). General norms cover the complex of relations regulated by them as general rule for their members. The program, initial norms can be adjoined by norms according to the methods of influencing the behavior of subjects.

This classification of legal norms bears traces of the initial formation of law. During the formation of the rights of its source

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