Types of state and municipal services by purpose and content. Features of information support for their implementation

Strategic decisions in the field of information society development and strengthening national security Russian Federation oblige to harmonize the legislation and ensure the implementation of measures to strengthen innovation based on the development and use of domestic resources of information and computer technologies. Complete Solutions in the area of ​​accessibility technologies, information resources and communications for citizens and organizations in the process of exercising their rights and obligations, the state assumes. Recently, a number of legal acts have been adopted on the problems of providing state and municipal services, as shown in the previous paragraph of this chapter, and at the same time, the importance of the federal law that generates all the problems in this area does not decrease.

One of the central issues of the discussion and the alternative draft of the federal law on services was the question of approach to the classification of state and municipal services.

This question is related to more deep structuring of services, taking into account their goals and the content of legal registration. Public services as a single and integral area of ​​activity welfare state, implemented through the system of state bodies and trusted organizations, is heterogeneous in its composition. In the concept of the federal law on state and municipal services, the IGP RAS proposed to distinguish between services three blocks. It is: services informational and advisory nature; services title value for citizens and organizations; services law enforcement, those. confirming by a legally significant document the authority of a particular citizen or organization to enjoy the rights established by law in a particular situation.

Accounting for such a classification of services would allow a more thorough differentiation of the responsibilities of various bodies. executive power and not engage in the entire range of services at once. Obviously, the most common and currently used services are purely informational - providing clarifying and clarifying information to the user. Next in line is a more active attitude towards consulting services on legal matters. The President of the Russian Federation drew attention to this and outlined the form of free provision of such services.

Currently, the classification of services by management levels is provided for in the registry system: public services(functions) provided (performed) by federal executive authorities; Register of public services (functions) provided (performed) by executive bodies state power subjects of the Russian Federation; Register of municipal services (functions) provided (performed) by local governments. To implement the work on these registers in electronic form, a federal state information system "Federal Register of State and Municipal Services (Functions)" is being created. The same document provides for the implementation of the functions state control(oversight) and municipal control(hereinafter referred to as functions).

The classification of services according to the proposed scheme will require taking into account various organizational and legal forms their provision and execution of documents resulting in the decision of the relevant authority on the service. Not all documents will require an electronic signature. But on title documents (for example, on the registration of a newborn or deceased person, registration of a legal entity, etc.), such confirmation is necessary. Legal registration and compliance with legal techniques for law enforcement services (for example, an extract from the registration of property, car, confirmation of insurance transactions) will also require the appropriate form and confirmation of the validity of the document from the body providing such a service.

The issue of distinguishing between types of services has so far remained outside the content and structure of the Federal Law "On the organization of the provision of state and municipal services."

The scope of the provision of state and municipal services also forms a special legal regulation of the activities of structures that ensure the technological interaction of various authorized entities. The importance of multifunctional, interregional centers (MFCs) of informatization, their technological interaction in the process of preparing and providing a response to a user's request is increasing. In connection with the development of electronic (computer, network) forms of public services, it is necessary to develop and approve regulations or charters of federal and municipal multifunctional service centers. The competence of the national information center (OGIC) in the field of organizing and providing public services and services at the municipal level is also to be clarified.

Despite all the difficulties associated with separating the sphere of state and municipal services into an independent technological zone of information infrastructure, it is necessary to positively assess the changes in this area. information technologies. Russia is creating a national operating system. Software for computers in the "Information Society" zone will be based on the codes of the free software developer - LINUX. For the field of services, the typification of systems responsible for medicine, librarianship within the information society is very important. At the same time, according to the Deputy Minister of Telecom and Mass Communications, the data exchange format between departments and organizations will be the same. This is facilitated by the so-called cloud technologies. Within the framework of e-government, a single data classifier is being created. Serious measures are planned for coordinating actions with the Ministry of Finance. The Ministry of Telecom and Mass Communications of Russia highlights such areas of attention as: 1) improving the quality of life of citizens; 2) improving business conditions; 3) safety in information society; 4) activation of e-government activities; 5) high-speed Internet, and for business - broadband Internet access. Special attention in this regard, to management. Investments are public-private.

The process of implementing the Federal Law "On the organization of the provision of state and municipal services" required the adoption of a number of by-laws, including the already mentioned Decree of the Government of the Russian Federation dated October 24, 2011 No. 861 "On federal state information systems that ensure the provision of state and municipal services in electronic form ( performance of functions). This resolution resolved important issues by approving: 1) Regulations on the federal state information system "Federal Register of State and Municipal Services (Functions)"; 2) Rules for maintaining the federal state information system "Federal Register of State and Municipal Services (Functions)"; 3) Regulations on the federal state information system "Unified portal of state and municipal services (functions)"; 4) requirements for regional portals of state and municipal services (functions).

The basis of the transition to electronic services remains the solution of the issue at the legislative level on electronic document and electronic document management. To a certain extent, this issue is also addressed in this project. However, this does not remove the problem of having a separate federal law on the streamlining of electronic document management in the systems of state authorities and local self-government. As we see, in connection with the adoption of a specific law, almost all the problems of the general part of information law are affected.

• On federal state information systems that provide the provision of state and municipal services in electronic form (implementation of functions): Decree of the Government of the Russian Federation of 24.ίθ.2011 No. 861 (as amended on 28.11.2011) // SZ RF. 2011. No. 44. Art. 6274; No. 49 (part 5). Art. 7284.
• Cm.: Shadrina T. To the minister - for "soap" // RG. 2010. July 23.
• Nevertheless, we note that the wording of combining the terms "services" and in brackets "functions" is not very successful. We are talking about functions related to the provision of services, and not in general about all functions. Putting the word "functions" in brackets allows the latter to be interpreted as "services".

Topic 3 Classification of state and municipal services

Due to the novelty of the concept, there is still no officially accepted classification of state and municipal services, but there are only various author's approaches. So, according to the classification proposed by Professor Yu.A. Tikhomirov, public services are divided into public and administrative.

Services aimed at external (in relation to the state) clients are called public public services. Public services may be compulsory, imposing an obligation on individuals or legal entities engage in interaction on a specific issue with a government agency in order to avoid sanctions or other negative consequences.

If public services are directed to other state and municipal bodies, then they are considered public administrative services. These include the preparation of documents for state bodies, coordination, representation.

In this regard, we highlight Distinctive features of the state administrative service: 1) the individuality of the provision; 2) appeal (in connection with the exercise of rights and obligations) of users of public services to a state body; 3) provision of services directly in the state body; 4) the provision of the service, due to objective socio-economic reasons, cannot be transferred to commercial or non-profit organizations and their associations.

The following classification of public services can be given:

1. By the presence of an intermediate result: I) simple public service - implies a single appeal to the executive body of state power with the receipt of the final result; 2) public service is complex - implies multiple appeals to the executive body (bodies) of state power with the receipt of intermediate results that have independent value.

2. According to the content of the result: 1) information and consulting; 2) communication; 3) financial; 4) provision of legal documents.

3. Under the terms of the provision: 1) software; 2) regulatory and legal.

4. By consumers: 1) for citizens; 2) for entrepreneurs (legal entities and individuals).

At the same time, one should distinguish between elementary public services and composite (interdepartmental) public services:

elementary state services - services requested by citizens, businesses or other agencies that are implemented and provided through interaction with one agency. Examples of such services are, for example, the issuance of a birth certificate or a civil passport.

composite (interdepartmental) state services - services that consist of several elementary services (that is, provided by various departments).

As the Former Deputy Prime Minister of the Russian Federation S.I. Naryshkin, in the absence of clear legal framework provision of public services, according to established practice, the state body itself determines (essentially, appoints) the provider of the service, decides whether the service is classified as free or paid (with the exception of services that are paid by law, for example, environmental impact assessment), develops a pricing system, the procedure and form of service provision, etc. As a result of such actions, the executive authorities received wide use fictitious and redundant government services.

The first implies a service installed in legal act, but not carried out in real practice by the activities of executive authorities, the second is a service, the private costs of the introduction of which for an economic entity falling under its action exceed its private benefits and social benefits, taking into account the income effect.

Department Professor judiciary and justice organizations high school Economics (SU-HSE) A.V. Nesterov notes that there may be services that are needed, but there are no service providers. On the other hand, there are services that are offered, but the service recipients do not need them. Such services are called imposed. Imposed paid services, if they are provided using the resources of the executive authorities, should be eliminated.

There is another concept superfluous, those. duplicating services, who have multiple providers. In the first case, there are forces interested in the existence of such services, the cause of which is the rent-oriented behavior of the subjects associated with such services. In the second case, the reason for the existence this class services is inertia, and perhaps certain social causes. In the third case, when there is no service provider for one service, or two service providers provide one service, the reason is the historical situation or the transition period. Naturally, society and the state are interested in simultaneously or gradually eliminating all redundant mandatory services, either by transferring them to the class of optional ones, or by completely eliminating them.

The presence of redundant and duplicative services of state executive bodies leads to the fact that these bodies divert resources from performing the necessary functions. In addition, civil servants, having the administrative resource associated with the presence of power, have the ability to set requirements and impose sanctions for non-compliance. As executive bodies Since the authorities are actually monopolists in the provision of these services, it is believed that in order to save resources, one type of service should be provided by one service provider. It is difficult to agree with this, because. the service should have a single (typical, unified, standard) procedure, but there should be many access points to this service. At the same time, a service access point means a point where the interaction between the service provider and the service recipient takes place. This access point should be unified for the service recipient in the sense that he does not have to go somewhere else to receive this service (for example, go to be photographed, receive certificates).

In our opinion, it is very important to single out such a sign of services as accessibility, that is, the ability of citizens to freely receive this or that service. The presence of a service is a necessary but not sufficient property for their consumption. If barriers arise before a person interested in the service (price, time or related to the remoteness of the producer), or these barriers are of a different discriminatory nature, then in fact the service becomes available only to a certain circle of people. In this regard, the following stand out: 1) affordable services (acceptable for all citizens); 2) few available services(acceptable for certain categories of persons).

At the same time, we can talk about accessibility: physical ( physical ability for different categories of citizens, including the disabled, to receive a service, which is determined by the availability of elevators, ramps, etc.); temporary (determined by the convenience for the consumer of the mode of operation of the body providing the service); territorial (transport and pedestrian accessibility); informational (sufficiency and convenience of obtaining information about the service, methods and conditions for obtaining it; the degree of consumer awareness of the nature of the service and the possibility of obtaining it); financial (volume financial expenses related to the receipt of the service, the cost of the service itself and the actions preceding it).

Public services should have the property of universality of requirements for all service recipients (no discrimination), and technologically the process of providing universal services should not create technological barriers (service performance should ensure the absence of queues). An exception can only be a certain circle of persons, noted in the legislation.

Depending on the reason for applying for a public service, they can be divided into forced and voluntary. In the event of a forced appeal, the service should be provided only free of charge, with the exception of services that implement legally significant actions when a state fee is charged.

We emphasize that in ideal there can be no question of any preliminary obligations of service recipients of state and social services, let alone payment for these services. These types of services should be provided only on a voluntary basis. Another thing is that the recipients of social services must confirm their right to this type of service, and the recipients of public services must provide documents identifying them. But, unfortunately, today the state does not provide such an opportunity and a fee is provided for the provision of services. In many cases, this fee is set by the heads of departments without any justification or justification. There are examples that fees for the same services in neighboring regions differ by several times. Therefore, in the near future, it is necessary to analyze and revise all paid public services provided by federal executive bodies, as well as their subordinate institutions and enterprises.

The next step should be to prepare measures to reduce these payments, and in cases where they are really necessary, to determine the procedure for establishing fees. This will help reduce the administrative costs of citizens and businesses, as well as the elimination of "gray" and "black" markets for intermediary services, and reduce the level of corruption.

It is necessary to distinguish compensation and payment services. There can be no free services at all, but free services can be. Even if the service is free for the service recipient, it must necessarily be equivalently reimbursed either from the resources of the state budget, or the insurance company, or sponsorship.

Based on the goals of service recipients of services under the law, they can be divided into three types: 1) free services that implement constitutional rights citizens; 2) free services that provide assistance to service recipients in the implementation of their legal obligations; 3) services that implement legitimate interests service recipients on a paid basis.

In this regard, we can consider three more classes of services under the law, formed by the intersection of the categories of state, public and public services. Professor at Moscow State University M.V. Lomonosov A.E. Shastitko notes that the intersection of state and public services is possible when provided by a service provider authorized by law paid services for the implementation of the legitimate interests of service recipients, if their provision requires public resources. The intersection of government and public services forms the category social services which are financed by the state. The intersection of public and public services creates a category of services that implement socially significant legal the interests of the service users. Socially significant services are associated with positive effects for the whole society.

At the same time, taking into account the administrative regulations adopted and developed, as well as the quality and comfort standards for the provision of public services, it is advisable to divide public services into regulated (implying the presence of administrative regulations) and unregulated; standardized (implying a standard of quality and comfort in the provision of public services) and non-standardized.

Based on the foregoing, we propose a generalized classification of state and municipal services (table)

Table - Generalized classification of services

Criterion	Type of service
By scope	- Public - Social (public) - Administrative
By the presence of an intermediate result	- Simple - Complex
According to the content of the result	- Information and consulting - Communication - Financial - Provision of legal documents
According to the terms of the provision	- Software - Regulatory
Interaction with departments	- Elementary - Composite (interdepartmental)
Based on the provision	- Paid - Free
According to the practice of application	- Excessive - Fictitious - Imposed
According to the goals of the service recipients	- Implementing the constitutional rights of citizens - Providing assistance to service recipients in the implementation of their legal obligations - Implementing the legitimate interests of service recipients
Due to appeal	- forced - voluntary
By availability	- Accessible - Inaccessible
By number of service recipients	- Bulk - Individual
According to the availability of standards	- Standardized - Not standardized
According to the regulations	- Regulated - Non-regulated

They were compiled on the basis of the all-Russian classifier species economic activity. Accordingly, almost all services that are classified as services in the economy classifier are provided by the state in one form or another. To date, it is impossible to find at least one area where the state would not provide services. This is not a general trend in social system; it belongs only to our state.

According to the criterion of the subject of rendering:

(1)provided directly by public authorities and

(2) provided by state institutions specially created for this purpose and state enterprises subordinated to the relevant executive authorities

By area of ​​delivery:

• social Services,
• services in the field of employment and employment,
• educational services,
• medical and health services,
• transport services,
• communication services (mail)
• public utilities,
• services of cultural institutions (libraries, museums, theaters),
• funeral services,
• veterinary services.

Payment for public services:

The state duty provides the main criterion by which the amount of funds collected from the consumer for providing him with a particular service can be determined. As for the requirements arising from the very social nature of public services, we can talk about three elements, requirements, criteria. Which the state should take into account and be guided by when establishing the payment and the amount of payment for the provision of public services.

- the fee in its size must be economically justified by the costs of providing the service

The amount of the fee should include reimbursement of expenses and should not assume profits exceeding all direct and indirect costs for the provision of the service, related both to the direct provision of the activity for the provision of the service, and the depreciation of tangible assets, fixed assets that are used to provide the service. State services should be economically justified by the amount of its payment.

Unlike private individuals, the principle should not work here: how much a citizen can pay for the provision of a service, how much should be taken from him. Since the activity is of a socially significant nature, such logic does not work.

- ensure the availability of the received service - if the profitability of the provision of the service makes it inaccessible, the state must support the provision of the service at its own expense

This is due to its socially significant nature. The state carries out activities to provide services so that these services can be used, otherwise it would be rather strange. If the first is in conflict with the second, then the second should take precedence: if the profitability of the provision of a service makes it inaccessible, then the state must support the provision of the service at its own expense. For example, transport service remote rural areas. In this case, if you make the activity economically viable, then it will be of interest to many commercial organizations, but it cannot be such; in order to protect a significant social interest, the state must support such services financially. The form is determined by the state itself in this case. How exactly the state considers it efficient to spend the funds allocated for ensuring the availability of this service depends on the state itself. It determines whether to create a state unitary enterprise, a state institution, or register a joint-stock company with state participation, investing certain assets in it, or simply allocate subventions, distributing them on a competitive basis, or allocate payments from the state budget to private organizations that will provide services. The choice of the state is predetermined economic conditions specific type services, but it is important that whatever mechanism is used by the state, the main goal of providing the service is still achieved.

- payment for such a service cannot be regarded as a mandatory payment.

Mandatory payment implies that the amount of this payment is in no way linked to the fact of receiving the service, and even more so to the volume of the service provided. Payment for public services with the volume should somehow be correlated. We must separate the state duty, which is in the nature of a mandatory non-tax payment, and the service fee. The duty, as a rule, is levied for those activities of the state that cannot be considered a service in the administrative-legal sense. AT broad sense even the activity of courts in the administration of justice can be considered the provision of a service, but we proceed from a narrower understanding of the service, as the activity of state bodies, and to provide specific social benefits to citizens. The duty is paid in accordance with the law with the Tax Code of the Russian Federation, or when applying to the jurisdictional authorities or control and supervisory authorities. There are exceptions, but they are few. Primarily we are talking about payments for registration, for licensing, obtaining other types of permits, and in this case we are talking about a mandatory payment, but these are not public services. But in state services, the amount of payment should be linked to the volume of that good, that service that is provided to a particular person. Accordingly, the fee does not have the character of a mandatory payment.

In addition to the doctrinal requirements for services in general, in the law on the organization of the provision of state / municipal services, there is a certain set of requirements that can be considered as certain conditions for the provision of public services in the sense of the 2010 law.

Conditions for the provision of public services under the law of July 27, 2010 No. 210-FZ:

1. If not prohibited - in electronic form

If the law does not prohibit, then any public service can be provided in electronic form. In electronic form there are certain advantages, but there are also obvious disadvantages. In particular, the Internet portal of public services, which involves the accumulation in one place of all electronic resources for the provision of public services in electronic form. However, the degree of equipment, suitability of our public administration system for interaction with citizens in the remote access mode is insufficient. In many cases, you can apply through the portal, but it is impossible, for example, to obtain a passport (they cannot replace a visit to a government agency, and thereby electronic form becomes largely meaningless). It simplifies the receipt of the service, but it cannot replace and does not give grounds to believe that the service itself is provided in electronic form.

In addition, the electronic form in many situations is rejected by government agencies due to the fact that there may be grounds for fraud; in electronic form, the lack of direct interaction with the citizen makes it impossible to verify the identity and authenticity of the documents that are provided. From the point of view of a citizen, such arguments from the state body are perceived as an attempt to protect the corruption component of interaction with a private person.

The electronic form itself creates the risk that information that enters government agencies through an electronic system is not subject to the same degree of control and tracking of the movement of this information.

2. In accordance with administrative regulations

The law assumes that all state / municipal services are provided in accordance with the administrative regulation, carried out in the form of administrative regulations. Administrative regulations provide an administrative imperative component, which is introduced even into civil forms of service provision, making them state-owned.

3.Services included in the register

4. Subject to payment of the state fee + payment in the amount of payment established in accordance with the methodology for the provision of services necessary for the provision of public services

5.Principle of the prohibition to demand information held by state bodies (Article 7) - from July 1, 2011

I would like this to be relevant not only to the provision of state / municipal services, but also used as a general principle of state activity. This is more a requirement that it would be desirable to consider as a principle of the admin procedures, the admin of the process, however, the law establishes this rule only in relation to state / municipal services: a ban on demanding that information, submitting those documents that are already available either in the same body, in which a citizen applies, or in other state bodies where information can be obtained for consideration of applications. Although the norm has entered into force, the practice of its application leaves much to be desired.

6. In multifunctional centers and using unified electronic cards

This is more of an organizational issue, but it also has a legal component. The status of multifunctional centers presupposes the emergence of a special entity. This is a kind of intermediary between state and private persons; is this a tool that presupposes the exclusion of the corruption factor of direct interaction, which implies an increase in the efficiency of the work of state bodies due to the fact that they are relieved of the direct obligation of direct interaction with citizens, but which, among other things, breaks the connection between the responsibility of state bodies to citizens? If we are talking about poor-quality receipt or acceptance of documents, paperwork, then these are the shortcomings that may be the fault of the citizen himself or the multifunctional center. But the distribution, including property liability between the multifunctional center and state bodies, is not properly regulated at the legislative level. The same applies to unified electronic cards. The law on the organization of the provision of state / municipal services involves the creation of a single national payment system involving the creation of both an information database of a universal nature and a universal payment system. Here it is difficult to talk about how this is admissible in principle and legitimately, until it is clear exactly how this system should function.

End of work -

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ADMINISTRATIVE LAW

Belov Sergey Alexandrovich Topic Administrative law as a branch of law This is the establishment of the boundaries of the framework ... The content of the AP regulation ... Features or requirements for the administrative mechanism legal regulation...

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- creating a prerequisite for their occurrence (for example, planning acts) - constitute an element of a more complex legal composition. Example: state privatization procedure

By legal nature
From the point of view of the theory of law, no legal relationship can arise directly on the basis of a norm, a legal fact is required. AA is a kind of legal fact, i.e. this is a kind of basis for the emergence of rights

Individual non-normative administrative acts
The listed properties cannot apply to general AAs, but most often these features relate to IAs. General AA is more like HA. Features: - decides specific management

Peculiarities of law-making of IW bodies.
Peculiarities of rule-making in the system of separation of powers. When it comes to the publication of NA, the rule-making of the oiv. Here a constitutional and legal problem emerges: from the point of view of the principles of section

Legal regulation of rule-making of executive authorities.
From the point of view of ideal regulation, the rule-making of the JIV db would be regulated by law. And the law db would contain requirements for the procedure, mechanisms for issuing normative acts. However, this

Types of regulatory legal acts and unacceptable form.
- resolutions - as a rule, these are acts of collegiate bodies - orders - as a rule, single-command bodies - provisions - determine either the procedure or the status of some subject

Project preparation
Most often, there are no legal problems, this is a purely technical stage. For example, the Decree of the Government, which regulates the procedure for preparing projects, is not a legal prescription,

Coordination and expertise
Examination in the process of accepting NA mb at two stages: at the stage of preliminary preparation (i.e. at this stage) and is mandatory at the stage of state registration. At the stage of expert preparation

State registration for
Again, it is provided for by Government Decree No. 1009 of 1997. in what sense registration is clearly correlated with those rules, requirements that apply to mandatory publication

Requirements for regulations and the consequences of their non-compliance
Requirements for acts: - validity of the content - the first characteristic is more of a managerial and administrative nature; on grounds of groundlessness of the act, a higher body m

Rules for the operation of normative administrative acts
Laws are more related to the public sphere, they are more discussed, more often they become the subject of attention of courts, government agencies, and scientists. And the acts of oiv are most often not given due attention, as a result

The concept, features and scope of administrative contracts
According to many Russian lawyers, there can be no administrative contract in principle, because if the relations are administrative, then they are powerful, if they are powerful, then they are

The problem of distinguishing between a civil law and an administrative contract
Unlike civil law, which regulates only the mechanism of interaction between two equal persons on the conclusion of an agreement, in relation to agreements related to the implementation of public

TOPIC 6. ADMINISTRATIVE PROCESS
The concept and features of the administrative process Approaches to the concept of the administrative process: negative, jurisdictional (prof. N.G. Salishcheva): the process arises

FEATURES OF THE ADMINISTRATIVE PROCESS
legal nature. It's a way of legal regulation management activities(there are no procedural legal relations). The goal is to give legal certainty to the order of implementation

PRINCIPLES OF THE ADMINISTRATIVE PROCESS
legality and ensuring the rights of individuals - when it comes to the implementation of administrative procedural norms, their violation is inevitable. The question arises, what are the consequences of those violations? Violation of the process

Administrative proceedings within the state administration.
They are divided according to the same criteria into Administrative and procedural ones - office work, preparation and adoption of regulatory legal acts of executive authorities, as well as

General rights
1) the right to a representative, if it is provided for by a regulatory enactment. General rule: the right to a representative for private persons is not recognized, but it can be recognized

Right to Present Evidence
This right is procedurally limited to the stage of initiation of proceedings and cannot be extended to all proceedings. The principle of the A-process, which does not imply the possibility of direct participation

Responsibilities
1) appearing on the call of a state body. Most often, if a state body needs to obtain some personal information from a citizen or from a representative of a legal entity

power subject. Rights
1) verify the identity: check the identity of the citizen, the authority of the representative, body of the legal entity and the identity of the officials of the organization - with the authorities / official there is

power subject. Responsibilities
1) the obligation to provide information to a private person. Such an obligation is in the nature of a general obligation, and it is not always enshrined and not so much legislatively as

The nature of the design of procedural decisions and actions.
There may be a generalized concept of a procedural act. For courts, for example, this is quite a common and customary practice of issuing special procedural decisions. It is very rare for administrative bodies to

The concept of the method of public administration in the doctrine of administrative law.
When we talked about administrative action, we revealed the forms of state administration. Now we are talking about methods. The Soviet approach assumed a weak delimitation of questions of law and questions of science and management.

Functional types of administrative activities: those blocks that are allocated in 314 presidential decree
(a) public policy making and regulation– functions of the Ministry (b) provision of public services and management of state property – agencies (in

Differences in the types of administrative activities
In many situations, it is quite difficult to distinguish between types of administrative activities. Activities of intervention in the sphere of private freedom "with

ACTIVITIES RELATED TO INTERFERENCE IN THE SPHERE OF PRIVATE LIBERTY
The legal conditions that accompany and the framework that must be established for one and for the other type of activity. We will start with coercive activity in the broad sense of the word, connected

PUBLIC SERVICE ACTIVITIES
As an administrative activity, service delivery has been around for a long time, ever since the emergence of the state. It is considered as one of the important functions of the state, however,

Legislative concept
Federal Law No. 210-FZ of July 27, 2010 "On the Organization of the Provision of State and Municipal Services" destroyed the theory of public services. It was dominated by a campaign that can be

SIGNS OF PUBLIC SERVICES
Signs of a public service: 1) providing citizens and organizations in the framework of the implementation of social state policy, 2) provision on behalf of the state by organizations created

STATE PROPERTY MANAGEMENT ACTIVITIES
A type of administrative activity free from state interference in the sphere of private freedom. If public services imply, one way or another, quite close interaction between citizens and public organizations.

General principles of activities related to the management of state property.
During the reforms in the late 1980s and early 1990s, the role of the state had to change dramatically. It has really changed, and, first of all, it concerned the influence of the state on the economic system.

Civil and administrative relations regarding state property
GP regulation should affect external relations that involve the exercise of the powers of the state as the owner. If you literally follow the provisions of Art. 124 and Art. 125 GK then we can say

1. by nature:

a) state:

Their provision is a function of state and regional bodies

The subjects of their provision are: OIV, state extra-budgetary funds, CHI in case of delegation of authority to them, institutions and enterprises subordinate to state bodies (such enterprises and institutions are created in order to separate administrative functions from economic and operational ones). State. institutions and enterprises is a service delivery tool. The subjects are also non-governmental organizations involved in the provision of public services as part of the placement of a state order (this means that on the basis of competitive procedures a state contract is concluded with them, they receive funding and provide services to third parties).

b) municipal:

Their provision is a mandatory municipal function.

The subjects of their provision can be: CHI (Local Administration first of all), if we are talking about administrative services; subordinate institutions and enterprises; attracted non-state enterprises as part of the placement of a municipal order (see above).

? (questionable) c) accompanying services - these services are not recognized as state and municipal, but they are necessary and mandatory for receiving state municipal services (FZ No. 210, article 9). For example, in order to obtain a building permit (in the administration) it is necessary to produce state expertise about verification of documentation (related service); there will be no construction without passing the examination.

Initially, it was assumed that such state and municipal services (related) would be provided only by the state. and mun. institutions and enterprises, private sector will not be allowed. BUT the Supreme Court granted that right to the private sector too.

2. according to the interest of individuals:

a) "imposed" state (municipal) services – they include most of the administrative services (services provided by the authorities). There is no genuine interest of the private individual (e.g. licensing, accreditation, registration), he is forced to resort to receiving the service, because otherwise he is either deprived of the opportunity to exercise certain rights, or may be held liable, or may experience other Negative consequences. Such services are also exclusive, rely on sovereign powers that cannot be exercised by non-state actors, and ONLY one body can provide a specific service to a specific person.

b) guaranteed services - These include the bulk of social services. There are no exclusive powers of the state. bodies and organizations created or attracted by them, i.e. such services can be provided by any person, but the state guarantees their provision, availability (eg, education, healthcare).

a) state (municipal) services, which consist in the implementation of legal meaningful action - most of the administrative services. Those. making some kind of administrative decision (e.g. registration).

b) which are actual actions The process itself is important. Those. these are social services.