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 authorities state power 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 of service, 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. In a broad sense, even the activities of the 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 activities 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. Basically, 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, it is possible to apply through the portal, but it is impossible, for example, to obtain a passport (they cannot replace a visit to a government agency, and thus the electronic form itself 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 -

This topic belongs to:

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 mechanism of administrative legal regulation ...

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All topics in this section:

Topic 1. Administrative law as a branch of law
The subject of the AP can, with a certain degree of conventionality and leaving the possibility for exceptions and reservations, be characterized as relations regarding the implementation by the bodies of the performer

Signs of administrative legal relations
1. the composition of the participants in these relations: one of the participants represents the state, acts on its behalf. This is not necessarily a state body, it is a mb private organization, not created by the state, but on

Subjects of administrative legal relationship
- state bodies - officials and employees, - state organizations (institutions and enterprises), - private individuals - citizens (citizens Russian Federation

STRUCTURE OF ADMINISTRATIVE LAW
The structure of Soviet science administrative law: A common part: general issues(the concept and nature of public administration), participants in administrative relations, forms and

PLACE OF AP IN THE SYSTEM OF BRANCHES OF LAW
AP is connected with the regulation of power relations, while all other branches of law, except for the constitutional one, are not directly related to the regulation of power and the mechanism for its implementation.

TOPIC 2. GENERAL DOCTRINE ABOUT THE SUBJECTS OF AP.
FEATURES OF LEGAL PERSON IN AP. In Ap, the parties try to find themselves in a fundamentally different legal regime. In the AP, those rules that relate to the status of a participant largely determine the content, character

LEGAL STATUS OF PRIVATE PERSONS IN APO.
Conditions for the legal personality of citizens (joining the APO): - age - sanity - citizenship of the Russian Federation - social status These are general conditions

LEGAL STATUS AND TYPES OF STATE ORGANIZATIONS
Criteria for difference legal status: - source of funding - presence of power State organizations created to perform public functions of power

THE CONCEPT AND SIGNS OF A STATE BODY
Signs of a state body - financing from the state budget; - endowment with independent public law competence; public law competent

THEORIES OF CORRELATION OF THE STATE AND STATE BODIES
The theory of novelists: the organs of the state are capable people acting on behalf of a legally capable, but deprived of legal capacity, state. The state is legally capable, but cannot by its own deeds.

STRUCTURE OF THE LEGAL STATUS OF THE EXECUTIVE AUTHORITY
With regard to public law elements in the literature, the structure of the general status of oiv is given. Some block, legal regulations, which determine its position in the system of state bodies, its name

COMPETENCE OF THE STATE BODY
Legal features of competence: - the obligation to exercise powers - unlike subjective rights. When exercising its powers, the body has, on the one hand, the right in relation to

EXECUTIVE AUTHORITIES AS LEGAL ENTITIES
The executive authority is not necessarily endowed with the status of a legal entity. In the Soviet and in the first years after the Soviet administration, a separate sign of a state body was singled out - the presence of the status of a legal entity. Today

THE CONCEPT OF AN OFFICIAL IN ADMINISTRATIVE LAW
Federal Law of 02.05.2006 N 59-FZ “On the procedure for considering applications from citizens of the Russian Federation”: Art. 4 official - a person, permanently, temporarily or on special

Resolutions of the Constitutional Court of the Russian Federation of 01.27.1999 N 2-P
The system of federal executive authorities includes the Government of the Russian Federation, as well as ministries and other federal executive authorities, which are determined by

1. The Constitution of the Russian Federation. Article 76 - the establishment of a system of bodies Z, I, C of power belongs to the jurisdiction of the Russian Federation. Article 112 - on the structure of the OIV. 2. Federal constitutional law "On Rulers

Acts regulating relations in the system of federal OIV
Decree of the Government of the Russian Federation of January 19, 2005 N 30 "On the Model Regulations for the Interaction of Federal Executive Bodies": general rules for organizing the activities of federal

Functions of the President of the Russian Federation in the sphere of executive power
The powers of the President are determined by the CRF, or follow from it, some powers are in the Federal Law "On the Government" Forms the Government of the Russian Federation, appoints the Chairman of the Government, deputies

Administrative and legal status of the Government of the Russian Federation
Federal constitutional law of 12/17/1997 N 2-FKZ "On the Government of the Russian Federation" determines the status of the Government - the highest executive body, a collegial body

ADMINISTRATIVE LEGAL STATUS OF FEDERAL AGENCIES
Where did the federal agencies come from: not as long a story as ministries. 1990s the term came from the west. Carry out the functions of managing state property and providing

ADMINISTRATIVE LEGAL STATUS OF FEDERAL SERVICES
Carries out the functions of control and supervision in the established field of activity, i.e. implementation of actions to control the implementation of generally binding rules of conduct, the issuance of permits (licenses)

They are very similar in their functions to executive authorities, but are not included in the system and structure.
The Central Bank of the Russian Federation: the presence of power is recognized. What is the legal form? There are many disputes, but they do not lie in the plane of administrative law, it is more in the plane of civil law.

Administrative and legal status of territorial bodies of federal executive authorities
Part 1 Art. 78 KRF: Federal executive authorities, in order to exercise their powers, can create their own territorial bodies and appoint the appropriate DL of the Federal Law of October 6, 1999 No. 184-FZ: clause 9 of article 26.3

OIV structure.
The structure of federal executive authorities is a list of those bodies that are actually created and exist. Now we are talking about a specific single organ. Each organ has its own structure. Structural units. Sun

TOPIC 4. PUBLIC SERVICE
General principles and characteristics of the civil service; legal conditions established as the principles of this administrative-legal institution. When talking about the concept of civil service, it can be used

The statutory theory assumes the priority of the administrative method of regulating public service relations. Statutory means that a certain administrative act determines

Civil Service Legislation
Federal Law No. 58-FZ of May 27, 2003 "On the Public Service System of the Russian Federation" systematically defines all the conditions for regulating public service relations. Before

Types of positions: the state operates with two concepts
- public office - civil service position Criteria: public office, established constitutionally, directly exercise the powers of the supreme body

LEGAL STATUS OF A PUBLIC SERVANT.
It's about about status not related to execution official functions for a specific position, these are the general P&A of the employee as such. On the one side public service carried out t

The rights that ensure the performance by the employee of his official powers, regardless of what kind of powers these are.
The powers are determined by the official regulations, i.e. depend on a specific position, and rights exist in general. Rights are a measure of the legal protection that an employee should receive within the framework of

OBLIGATIONS IN THE EVENT OF AN IRREGULAR ORDER
According to the civil servant, the order contradicts the requirements of the law. The law establishes several consistent positions regarding how exactly a civil servant should perceive the received

PROHIBITIONS
They are not in the nature of objective obstacles, in contrast to delimitations. Prohibitions are rather those restrictions on the rights that are established in relation to the employee and are compensated for by those social

INCENTIVES
1. Incentives within the state body (head or immediate superior): - announcement of gratitude; - Awarding an honorary diploma. Accompanied by

ENTRY TO PUBLIC SERVICE
The main principle is the requirement that admission to general rule carried out on a competitive basis. The conditions that may be the basis for not holding a tender, db are listed only in the Federal Law.

TRANSFER from position to position
General principle: transfer from position to position only with the written consent of the employee himself. Therefore, it is not a transfer to another position civil service and does not require the consent of the civil

Certification.
Certification is carried out in order to: - assess the compliance of the employee with the position he is filling - assess the conscientiousness of official behavior, i.e. certification itself is not

DISMISSAL
The influence of general principles and contractions is very strong. labor law to service legislation. Dismissal from the civil service today is designed more according to the design of the termination

Forms of administrative actions: general concept and types
General concept"administrative action" was not used in the science of Soviet law, it was used in pre-revolutionary science and in the science of the AP of the 20s, and Soviet science talked about the forms of administrative

LEGALLY SIGNIFICANT ACTIONS - type of admin actions
Unlike admin acts and even admin contracts, legal significant actions are very poorly developed in the doctrine of modern AP. In practice, they exist, are committed, but at the same time, from the point of view of science

Directly generating legal relations
- creating a prerequisite for their occurrence (for example, planning acts) - constitute an element of a more complex legal structure. 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

Duties
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. The 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 eat

power subject. Duties
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 provision 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 80s and early 90s, 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

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 can be coercive, imposing an obligation on individuals or legal entities to interact on a specific issue with a public authority 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. Since the executive 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 the same 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) inaccessible 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 that 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 realizing the legitimate interests of service recipients on a paid basis 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 adopted and developed administrative regulations, as well as the standards of quality and comfort in 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

The process of improving the legal regulation of the functioning of institutions is important only in conjunction with the systemic development of the organization of the provision of state (municipal) services and the performance of state (municipal) functions in order to improve their quality.

The task of developing a system for the provision of public (municipal) services involves improving interaction with citizens and organizations, as well as increasing the efficiency and effectiveness of the activities of state bodies and local governments, accessibility for citizens and organizations of information on the procedure and progress in the execution of state (municipal) functions at each stage control over its implementation.

Information and telecommunication technologies are widely used by public authorities in order to improve the quality of services provided to the population. Without modern electronic technologies, it is impossible to meet the needs and expectations of consumers.

Despite the active development of telecommunication technologies throughout the world, in Russia the population still does not have a full opportunity to receive state and municipal services in electronic form. IN best case consumers can expect to receive in electronic format information about services. Internet requests for certificates, extracts and other documents, an electronic queue for kindergartens, electronic medical records - all this is just beginning to come true.

One of the priorities of the administrative reform is the task of improving the quality of state and municipal services. The concept of administrative reform in the Russian Federation, developed in 2002, provided for three main directions: (1) changing the structure of executive authorities, (2) changing the composition of their functions and its distribution (including the reduction of unusual and redundant functions), ( 3) regulation of the activities of civil servants and streamlining their status. The last direction, in particular, was supposed to ensure transparency in the work of government bodies, their openness to society. Thus, the introduction into the practice of the work of state bodies and their institutions of standards of state (municipal) services is considered as constituent part measures that implement the third of these areas of administrative reform, generally aimed at improving the activities of the state apparatus.

The process of developing a system for the provision of electronic state and municipal services was complicated by a number of difficulties. First, there are still significant differences between public authorities in terms of the quality and quantity of the use of information and communication technologies, the results of the introduction of such technologies are often of a departmental nature. Secondly, the infrastructure for public access of the population to the websites of state authorities and other means of information and reference support and services to the population are underdeveloped. Obtaining public services by consumers in most cases requires their personal appeal to public authorities, which leads to a lot of time and creates significant inconvenience. Thirdly, the regulatory and legal framework for the provision of electronic services, as well as the standards and regulations for the provision of services by public authorities using information and telecommunication technologies, is not sufficiently formed. Fourthly, the infrastructure that provides information security electronic forms of interaction between public authorities among themselves, with the population and organizations.

The problems hindering the increase in the efficiency of the use of information and telecommunication technologies in the activities of public authorities are of a complex interdepartmental nature and cannot be resolved at the level of individual public authorities. It is necessary to implement a program-targeted approach to ensure the compatibility of state information systems, develop standards and technologies for their interaction.

In order to solve these problems, in 2010 a new edition Federal target program "Electronic Russia (2002-2010)", which systematized the goals, tasks and measures facing the Russian Federation to improve the quality and efficiency of the provision of state and municipal services using information and telecommunication technologies. The main objectives of the Electronic Russia program are:

Improving the quality of relations between the state and society by expanding the possibility of citizens' access to information about the activities of public authorities, increasing the efficiency of providing state and municipal services, introducing uniform standards for servicing the population;

Improving the efficiency of interdepartmental interaction and internal organization activities of public authorities and local governments on the basis of organizing interdepartmental information exchange and ensuring effective use state authorities and local governments of information and telecommunications technologies, improving the efficiency of managing the introduction of information and telecommunications technologies in the activities of public authorities;

Improving the efficiency of state (municipal) administration, ensuring the efficiency and completeness of control over the activities of state authorities and local governments.

Thus, one of the main tasks facing the state authorities of the Russian Federation is the transition to the provision of state (municipal) services and the execution of state (municipal) functions in electronic form by federal executive bodies. Another important task is to develop the infrastructure for access to state and municipal services and to information about the activities of state authorities and local self-government bodies. In addition, it is necessary to ensure the solution of problems government controlled using elements of e-government and development of e-government infrastructure.

In addition to finalizing the Federal Target Program "Electronic Russia", on July 27, 2010, Federal Law No. 210-FZ "On the organization of the provision of state and municipal services" (hereinafter - Law No. 210-FZ) was adopted. This law applies to all federal executive bodies, bodies of state off-budget funds, executive bodies of state power of the subjects of the Russian Federation, as well as local administrations and other bodies of local self-government exercising executive and administrative powers in connection with the provision of state and municipal services at the request of the applicant. Law No. 210-FZ establishes General requirements to the provision of state and municipal services by executive authorities of the federal and regional levels and local administrations, requirements for the development of administrative regulations for the provision of these services. In addition, Law No. 210-FZ regulates the process of providing services in multifunctional centers (MFCs), the process of organizing activities for the issuance, issuance and maintenance of universal electronic cards.

For the purposes of this Federal Law, the following concepts of state and municipal services are used:

a public service is a service provided by a federal executive body, a state off-budget fund, an executive body of state power of a constituent entity of the Russian Federation, as well as a local government body in the exercise of certain state powers transferred by federal laws and laws of the constituent entities of the Russian Federation (hereinafter referred to as the public service) , - activities for the implementation of the functions of a federal executive body, a state off-budget fund, an executive body of state power of a constituent entity of the Russian Federation, as well as a local government body in the exercise of certain state powers transferred by federal laws and laws of the constituent entities of the Russian Federation (hereinafter referred to as the bodies providing state service), which is carried out at the request of applicants within the limits established by regulatory legal acts of the Russian Federation and the regulatory legal acts of the constituent entities of the Russian Federation the powers of the bodies providing public services;

municipal service provided by a local self-government body (hereinafter referred to as a municipal service), is an activity for the implementation of the functions of a local self-government body (hereinafter referred to as a body providing municipal services), which is carried out at the request of applicants within the powers of the body providing municipal services, to resolve issues of local values ​​established in accordance with the Federal Law of October 6, 2003 N 131-FZ "On general principles organizations of local self-government in the Russian Federation" and charters of municipalities.

Law No. 210-FZ also concerns the organization of activities for the issuance, issuance and maintenance of universal electronic cards. This card is a universal system for receiving services by the population in electronic form. It must contain an electronic application: a unique sequence of characters recorded on the electronic carrier of a universal electronic card and intended for authorized access by the user of such a card to receive a financial, transport or other service, including state or municipal. A universal electronic card may have several independently functioning electronic applications.

The highest executive body of state power of a constituent entity of the Russian Federation has the right to determine a list of regional and municipal electronic applications that provide authorized access to receive state, municipal and other services. For the purpose of issuing, issuing and servicing universal electronic cards, the highest executive body of state power of a constituent entity of the Russian Federation determines an authorized organization of a constituent entity of the Russian Federation. Besides, authorized body The state authorities of the constituent entity of the Russian Federation establish the procedure for filing an application for the issuance of a universal electronic card and the procedure for the delivery of universal electronic cards issued and issued at the request of citizens.

From January 1, 2012 to December 31, 2013 inclusive, it is planned to issue universal electronic cards to citizens on the basis of their applications. Cards will still be issued to citizens who have not submitted applications from January 1, 2014, also free of charge. At the same time, the law of the subject of the Russian Federation may establish an earlier date for the issuance of universal cards in the territory of the corresponding subject of the Russian Federation than the date of January 1, 2014, specified in Law No. 210-FZ.

It should also be noted that a unified Portal of state and municipal services (www.gosuslugi.ru) is currently functioning. Today, the reference and information portal "Public Services" is a single point of access for individuals and legal entities to information about public services provided by the executive authorities of the Russian Federation. The portal serves as an official source of information on the procedure for the provision of public services, and also contains sample documents. Information on the portal is posted by federal and regional authorities of the Russian Federation. All services posted on the portal are correlated with a specific region of the Russian Federation. The service card contains its description, information about its cost, terms of execution, you can also study the application forms and forms that must be filled out to apply for the service, familiarize yourself with the list of documents required to receive it. If, for any reason, the provision of the service was denied or the terms for its execution were unacceptably delayed, then information on the conditions defined by law for refusing the service and the possibilities to appeal this decision can be found in the relevant headings.

In the near future, some functional elements of the e-government infrastructure will be created and put into operation, in particular: the MFC for the provision of state and municipal services, a single portal of state and municipal services (functions) and a consolidated register of state and municipal services (functions), regional portals and registers public services (functions), centers of public access to information of public authorities and to public services in electronic form, telephone service centers for citizens and organizations, separate functional elements have been developed for programs of departmental and interdepartmental informatization.

The transition to the provision of state and municipal services in electronic form is carried out in stages in accordance with the plans-schedules for the transition, approved by the highest executive body of state power of the constituent entity of the Russian Federation, local government. By Decree of the Government of the Russian Federation No. 1993-r dated December 17, 2009, a Consolidated list of priority state and municipal services was prepared, which should be provided by the executive authorities of the constituent entities of the Russian Federation and local governments in electronic form, as well as services provided electronically by institutions of the constituent entities of the Russian Federation and municipal institutions. This order is aimed at implementing the transfer to electronic format of socially significant services: informatization of education and science, healthcare, housing and communal services, property and land relations, construction and regulation entrepreneurial activity. The transition to the provision of services (functions) in electronic form is envisaged in five stages.

The first stage is until December 1, 2010. Placement of information about the service (function) in the Consolidated Register of State and Municipal Services (functions) and on the Unified Portal of State and Municipal Services (functions).

The second stage - until January 1, 2011. Placement on the Unified Portal of State and Municipal Services (functions) of application forms and other documents required to receive the relevant services, and providing access to them for copying and filling in electronic form.

The third stage - until July 1, 2012. Providing an opportunity for applicants to submit documents in electronic form using the Unified Portal of State and Municipal Services (functions) in order to receive the service.

The fourth stage - until January 1, 2013. Providing an opportunity for applicants to monitor the progress of the provision of services (performance of functions) using the Unified Portal of State and Municipal Services (functions).

The fifth stage - until January 1, 2014. Ensuring the possibility of obtaining the results of the provision of services in electronic form on the Unified Portal of State and Municipal Services (functions), unless this is prohibited by federal law.

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 (Federal Law 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:

but) "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.

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 The Russian Federation is obliged to harmonize the legislation and ensure the implementation of measures to strengthen innovation through 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 make it possible to more thoroughly differentiate the responsibilities of various executive authorities and not deal with 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 system of registers: the Register of public services (functions) provided (performed) by federal executive authorities; Register of public services (functions) provided (performed) executive bodies state power of the constituent entities 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 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 area of ​​provision of state and municipal services also forms a special legal regulation 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. A national operating system is being created in Russia. 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 solve the problem of having a separate the 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 ensure 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".