State and municipal management lectures briefly. System of state and municipal government of the Russian Federation System of state and municipal government of the Russian Federation Course of lectures for professional programs. Power: sources, concept, principles

System of state and municipal government of the Russian Federation System of state and municipal government of the Russian Federation Course of lectures for programs vocational training students, advanced training and professional training of state and municipal employees in the specialty “State and Municipal Administration”

Relevance of studying the SSMU course The process of strengthening Russian statehood and socio-economic transformations carried out at modern stage, determined the need to modernize the system government controlled And local government. Currently, there is a slow and difficult process of transition of the state to a socially oriented and civilized market economy in comparison with the radical liberal orientation of the previous stage towards social stratification and enrichment at any cost for a small minority of the population. The process of strengthening Russian statehood and the socio-economic transformations being carried out at the present stage have predetermined the need to modernize the system of public administration and local self-government. Currently, there is a slow and difficult process of transition of the state to a socially oriented and civilized market economy in comparison with the radical liberal orientation of the previous stage towards social stratification and enrichment at any cost for a small minority of the population.

Administrative reform Administrative reforms usually mean a change in the public administration system according to three main parameters: Administrative reforms usually mean a change in the public administration system according to three main parameters: - restructuring of the system of political institutions and government agencies; -reorganization of the civil service, the composition of the administrative apparatus or bureaucracy; - changing the nature of the relations of the administrative system to society in general and its various social groups in particular.

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

Signs of a system: integrity, integrity, - self-control, - self-control, - the presence of certain structures, elements that can be considered as subsystems, - the presence of certain structures, elements that can be considered as subsystems, - the relationship of elements and external environment-relationship between elements and the external environment

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

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

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

Signs of a state: the presence of a certain territory over which its jurisdiction extends, the presence of a certain territory over which its jurisdiction extends, the presence of a law establishing a system of authorized norms, the presence of a law establishing a system of authorized norms, the presence of special bodies and institutions that implement power functions, i.e. e. control systems. the presence of special bodies and institutions that implement power functions, i.e. control systems.

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

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

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

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

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

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

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

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

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

Character traits federations: a two-tier system of government bodies; two-tier system of government bodies; the competence of the federation and its subjects is established by the constitution or federal agreement; the competence of the federation and its subjects is established by the constitution or federal agreement; supremacy federal laws; the supremacy of federal laws; bicameral parliament; bicameral parliament; two-channel tax system; two-channel tax system; no right to secede from the federation; no right to secede from the federation;

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

The 1993 Constitution enshrined: the principles of a federal state as a unity of the legal field. principles of a federal state as a unity of the legal field. the supremacy of the Constitution of the Russian Federation and federal laws; the supremacy of the Constitution of the Russian Federation and federal laws; the compliance of laws, constitutions of republics and charters of other subjects with the Constitution of the Russian Federation. compliance of laws, constitutions of republics and charters of other subjects with the Constitution of the Russian Federation. Inviolability of the territorial integrity of the state. Inviolability of the territorial integrity of the state. The inadmissibility of unilateral changes in the status of the subject. The inadmissibility of unilateral changes in the status of the subject. community of economic space: system of taxes, duties, customs borders, etc. community of economic space: system of taxes, duties, customs borders, etc.

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

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

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

Powers of the President Russian Federation(Constitution of the Russian Federation Chapter 4) Head of State; Head of State; Guarantor of constitutional rights and democratic freedoms; Guarantor of constitutional rights and democratic freedoms; Guarantor of national security, sovereignty and independence of the state, state integrity; Guarantor of national security, sovereignty and independence of the state, state integrity; Commander-in-Chief. Commander-in-Chief. Ensures interaction between government bodies; Ensures interaction between government bodies; Defines external and domestic policy; Determines foreign and domestic policy; Forms and heads the Security Council; Forms and heads the Security Council; Represents the Russian Federation in the international arena; Represents the Russian Federation in the international arena; Issues decrees. Signs Federal laws; Issues decrees. Signs Federal laws;

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

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

Powers of the Federal Assembly Legislative initiative Legislative initiative Formation government agencies Formation of government bodies Budget approval Budget approval Participation in the formation of internal and foreign policy Participation in the formation of domestic and foreign policy Monitoring the implementation of laws. Monitoring the implementation of laws.

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

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

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

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

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

STRUCTURE OF THE STAFF OF THE SECURITY COUNCIL Secretary of the Security Council Deputy Secretaries of the Security Council Security Council Secretariat Security Council Departments Security Council Directorates Defense Security Public and National Security Economic security Information security and strategic forecasting departments

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

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

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

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

Powers of the Government of the Russian Federation Develops and submits to the State Duma the federal budget and ensures its implementation. Develops and presents the federal budget to the State Duma and ensures its implementation. Ensures the implementation of a real unified economic policy, policy in the field of culture, education, science, healthcare, ecology, social security. Ensures the implementation of a real unified economic policy, policy in the field of culture, education, science, healthcare, ecology, and social security. Manages federal property. Manages federal property. Implements measures to ensure the country's defense, implements foreign policy Implements measures to ensure the country's defense, implements foreign policy Implements measures to ensure the rule of law, rights and freedoms, fight crime and other powers Implements measures to ensure legality, rights and freedoms, fight crime and other powers Coordinates the activities of federal executive authorities in reforms: economic, social, housing and communal services, regional policy, etc. Coordinates the activities of federal executive authorities in reforms: economic, social, housing and communal services, regional policy, etc. The government exercises its powers by developing targeted programs, adopting regulations and organizing their implementation. The government exercises its powers by developing targeted programs, adopting regulations and organizing their implementation. The political strategy is determined by the President of the Russian Federation, and the Government develops and implements socio-economic content of the strategy. The political strategy is determined by the President of the Russian Federation, and the Government develops and implements the socio-economic content of the strategy.

Judicial system of the Russian Federation In accordance with the Constitution of the Russian Federation, justice in Russia is carried out only by the court - through constitutional, civil, administrative and criminal proceedings (Parts 1 and 2 of Article 118 of the Constitution of the Russian Federation). In the Russian Federation there are federal courts and courts of the constituent entities of the Federation. In accordance with the Constitution of the Russian Federation, justice in Russia is carried out only by the court - through constitutional, civil, administrative and criminal proceedings (Parts 1 and 2 of Article 118 of the Constitution of the Russian Federation). In the Russian Federation there are federal courts and courts of the constituent entities of the Federation. There is a three-tier system: the Constitutional Court, courts of general jurisdiction, and arbitration courts. There is a three-tier system: the Constitutional Court, courts of general jurisdiction, and arbitration courts. All courts make up a unified system of courts of the Russian Federation, organized on the basis general principles established by federal laws and apply uniform federal legislation. All courts constitute a unified system of courts of the Russian Federation, are organized on the basis of general principles established by federal laws and apply uniform federal legislation.

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

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

Functions of the Prosecutor's Office of the Russian Federation exercise, on behalf of the Russian Federation, supervision over the implementation of the Constitution of the Russian Federation and the execution of laws in force on the territory of the Russian Federation; exercise, on behalf of the Russian Federation, supervision over the implementation of the Constitution of the Russian Federation and the execution of laws in force on the territory of the Russian Federation - supervision over compliance with the Constitution of the Russian Federation and the execution of federal laws ministries and departments, representative and executive bodies of constituent entities of the Russian Federation, local government bodies, control bodies, and their officials; -supervision over compliance with the Constitution of the Russian Federation and implementation of laws by federal ministries and departments, representative and executive bodies of constituent entities of the Russian Federation, local government bodies, control bodies, and their officials; --supervision over the observance of human and civil rights and freedoms by the same bodies, as well as governing bodies and heads of commercial and non-profit structures; --supervision over the observance of human and civil rights and freedoms by the same bodies, as well as governing bodies and heads of commercial and non-profit structures; -supervision over the implementation of laws by bodies carrying out operational investigative activities, inquiry, preliminary investigation; -supervision over the implementation of laws by bodies carrying out operational investigative activities, inquiry, preliminary investigation; - support of state prosecution in court. - support of state prosecution in court.

The Central Election Commission is a state body whose status is determined by the Law “On Basic Guarantees of Citizens’ Electoral Rights.” It is a state body whose status is determined by the Law “On Basic Guarantees of Citizens’ Electoral Rights.” The Commission carries out, within its competence, the management of the activities of election commissions for elections to federal bodies of state power, and management of the conduct of referendums in the Russian Federation. The Commission carries out, within its competence, the management of the activities of election commissions for elections to federal bodies of state power, and management of the conduct of referendums in the Russian Federation. Together with the election commissions of the constituent entities of the federation, it monitors the observance of electoral rights and the rights of citizens of the Russian Federation to participate in a referendum, and performs other functions. Together with the election commissions of the constituent entities of the federation, it monitors the observance of electoral rights and the rights of citizens of the Russian Federation to participate in a referendum, and performs other functions.

Central Bank of the Russian Federation (Bank of Russia). Operates on the basis of the Federal Law of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)” (with many amendments). Operates on the basis of the Federal Law of July 10, 2002 “On the Central Bank of the Russian Federation (Bank of Russia)” (with many amendments). The main function is to protect and ensure the stability of the ruble; the Bank carries out this function “independently of other government bodies.” The main function is to protect and ensure the stability of the ruble; the Bank carries out this function “independently of other government bodies.” In cooperation with the Government of the Russian Federation, the Central Bank develops and implements a unified state monetary policy and is not subordinate to it. In cooperation with the Government of the Russian Federation, the Central Bank develops and implements a unified state monetary policy and is not subordinate to it. The Bank of Russia is engaged in the development and strengthening of the banking system, ensuring the effective and uninterrupted functioning of the payment system. The Bank of Russia is engaged in the development and strengthening of the banking system, ensuring the effective and uninterrupted functioning of the payment system. The Central Bank of the Russian Federation has a monopoly on issuing cash, organizing money circulation, and organizing a refinancing system. The Central Bank of the Russian Federation has a monopoly on issuing cash, organizing money circulation, and organizing a refinancing system.

Central Bank of the Russian Federation (Bank of Russia). The Central Bank of the Russian Federation issues permits, suspends and cancels operations of currency exchanges for the purchase and sale of foreign currency, the Central Bank of the Russian Federation issues permits, suspends and cancels operations of currency exchanges for the purchase and sale of foreign currency, establishes rules for making settlements in the Russian Federation with foreign states, international organizations and rules carrying out banking operations; establishes the rules for making settlements in the Russian Federation with foreign states, international organizations and the rules for conducting banking operations; carries out servicing of budget accounts of all levels budget system RF, makes a decision on state registration of credit organizations, issues licenses to credit organizations to carry out banking operations, suspends their validity and revokes them; carries out servicing of budget accounts at all levels of the budget system of the Russian Federation, makes decisions on state registration of credit organizations, issues licenses to credit organizations to carry out banking operations, suspends their validity and revokes them; carries out banking supervision over the activities of credit institutions and banking groups, registers the issue of securities credit organizations The Russian Federation carries out banking supervision over the activities of credit institutions and banking groups, registers the issue of securities by credit institutions of the Russian Federation

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

Lecture notes meet the requirements of the State educational standard higher professional education.
Accessibility and brevity of presentation allow you to quickly and easily gain basic knowledge on the subject, prepare for and successfully pass tests and exams.
The concept, the essence of public administration, the types and forms of the state, public authorities, the structure and competence of the legislative and executive authorities of the Russian Federation, the judiciary, the system of local governments and much more are considered.
For students of economic universities and colleges, as well as those who independently study this subject.

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

Objects of management can be things (management of things), phenomena and processes (process management), people (management of people), and the subject of management is always a person (operator, manager, manager, etc.) or a collective entity - administration (directorate, leadership, command, etc.). Despite all the diversity, the essence of any type of management is the direction and coordination (coordination) of the actions of participants in processes and phenomena, their subordination to the purposeful will of the managing subject.

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

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Understanding the content of the institutions of state and municipal government is associated with the definition of the concept “ control" And " social management" The science of state and municipal administration is an integral system of knowledge about general phenomena and patterns, organization and activities of state and municipal administration. Its subject is public power, the structure and activities of state bodies and local governments. Public power- this is power isolated from society and does not coincide with the population of the country, which is one of the features that distinguishes the state from the social system. Usually contrasted with public power. Public authorities have supremacy in resolving issues of national importance. A feature of public power is the indispensable presence of coercion and sanctioning capabilities delegated by the founders of its central apparatus to the representative governing body. Her orders are binding.

TO public legal entities in the Russian Federation include the state and municipalities, which is determined by the characteristics of the state and socio-economic structure. Territorial public self-government is not a public authority, but represents voluntary associations of citizens at their place of residence to resolve issues of local importance, that is, it does not have the characteristics of public authority.

Exist various classifications social management. Kinds social management are determined by the subject of management. For example, social management, the subject of which is the state represented by government and management bodies and their officials, carrying out management activities in the manner prescribed by law - public administration. Control refers to various ways of influence of a subject (several subjects) on an object (objects), changing the position, behavior, properties, qualities of the object, which means it has a purpose and in which the object is amenable to regulation. From the point of view of cybernetics - the science of management, control- this is the purposeful influence of a subject on an object, which streamlines the management systems of the state and municipalities, ensures their functioning in accordance with the laws of their existence and development. Public administration occupies a priority position, since the greatest management potential is concentrated in the state.

Social management, carried out by local governments on the basis of forms of direct expression of the will of citizens, for the purpose of their self-organization in order to resolve issues of local importance, is defined as local self management. Represented by local government bodies and officials, it is classified as municipal government. Urban and rural settlements and other municipal entities carry out the functions of local self-government (Article 131 of the Constitution of the Russian Federation), therefore they are not included in the system of government bodies, although they have authority, that is, the functions of public authority, which are vested in them by law (Article 132 of the Constitution of the Russian Federation).

Public administration as a certain kind of social activity is understood in a broad and narrow sense. In a broad sense, it is the organizing, regulating activities of the state, state regulation of various social relations through the activities of any government bodies of all branches of government, as well as civil servants. In a narrow (organizational-legal) sense, this is the administrative, executive and administrative activity of the state associated with the implementation of executive state power as one of the branches of state power, carried out by a system of special state executive bodies or government bodies.

Public administration should be considered in a narrow sense, since it is in the organizational and legal sense that public administration is the main object of administrative legal regulation and the scope of the rules of administrative law.

Subject of public administration are the forms and methods of influencing the production, social and spiritual life of people connected by a common political system and territory. In production relations, it places the form of ownership at the forefront, regulating them in such a way that all economic entities are on equal terms. In the sphere of distribution relations, the state should not allow individuals or groups to excessively monopolize the decisive means of production, as this leads to sharp contrasts between wealth and poverty.

The essence of social management is revealed through a triad of properties: goal setting, organization, regulation, therefore the main areas of science of state and municipal management are the apparatus (mechanism) of state and municipal management, namely:

organizational and functional structure of state and municipal government;

constitutional and legal basis for the activities of state (municipal) government bodies;

powers of state and municipal authorities and their division by levels of government;

public service (state and municipal service, personnel policy);

the nature and direction of interactions between branches of government in the management process;

budget and budget process management;

organization of planning, including strategic;

information flow management and information technologies used in state and municipal administration;

regulatory activities of the state (lawmaking and law enforcement), etc.

Features characterizing public administration in the narrow sense:

a) public administration is a specific type of activity for the implementation of unified state power, which has functional and competence specificity, carried out by executive and administrative bodies of state power (administrative bodies);

b) the essence of public administration lies in the practically organizing nature of this type of activity (in the desire, skill and ability of governing bodies to organize the practical implementation of general regulations and norms);

c) public administration is a subordinate activity of an administrative, executive and administrative nature. Government bodies implement laws and other general regulations of presidential and government power, using legally binding powers, i.e. by giving orders they execute the laws;

d) public administration is an executive activity of a continuous and cyclical nature, carried out in the process of daily and direct management of economic, socio-cultural and administrative-political construction.

Atamanchuk G.V. The classification of types of management is based on the source and potential of the power of the subject of management. He highlights:

public administration (this is the most important, comprehensive and authoritative type of management);

local self-government is a subtype of public administration in a democratic society, the subject of which are residents of settlements and administrative territories;

management (management of an enterprise, company, governing body); public management;

group self-regulation;

appropriate human behavior.

The special properties of public administration include:

the presence of a specific subject - public authorities and their officials, the procedure for the formation and functioning of which is clearly regulated by the Constitution, federal legislation, other regulatory legal acts

the presence of power in the subject of management - public administration is a way of exercising state power and extends to the entire society;

the scale of social phenomena covered by management - public administration is aimed at coordinating the interests and actions of all citizens and social groups of society, meeting the needs of the entire population, and not individual citizens, and protecting common interests;

the right of the state to use coercive methods in the management process.

WITH subjects of state and municipal government in the broadest sense of the word are the system of state administration and local self-government, political parties, public, professional movements, unions, associations, associations, lobbyists, media, commercial and non-profit organizations, citizens of the state. In a narrow sense, the direct subjects of state and municipal government are represented by legislative, executive, judicial and control bodies at the federal, regional and local levels management.

ABOUT objects of public administration, Based on the essence, content and tasks of state and municipal government formulated above, they can be classified according to the following main characteristics:

Belonging of the object to one or another form of public property (federal, property of a subject of the Federation, municipal);

The nature of the products or services produced by the business entity (consumed within the country, region, municipality, has interregional consumption, export products, etc.);

The nature and degree of impact of a business entity on economic, social, environmental and other processes in the region;

Place and role in the reproduction of living conditions of the population, meeting the needs of people outside the sphere of production (health care, meeting the needs for education and culture, social protection and support).

Government as a special type of social power and has the following structure: the subject of power (state, population), the object (to whom exactly the power is directed), relations arising regarding power, regulating rules, norms. This is the political power of the state, which comes from the state and is realized with its direct or indirect participation. The characteristic features of state power include:

- publicity– distribution of power to the entire population of the state and its implementation by a management apparatus specially formed for this purpose;

- versatility– this sign is that power extends to all areas of public life;

- supremacy– the property of state power to subjugate other types of social power, except for the power of the people of their country;

- legislative prerogative– the existence of a monopoly right to develop legal norms;

- legitimacy– compliance with the hopes and expectations of the people who inhabit the state, the interests of its majority;

- legality– compliance of the current legislation with the Constitution of the Russian Federation;

- use of the tax system;

- use of state coercion- legal use of force with the help of a specially created law enforcement (punitive) apparatus (court, army, police, etc.);

- division of the entire population only on territorial grounds.

General and specific functions of public administration- these are specific types of management impacts of the state, differing from each other in subject, content and methods of maintaining or transforming managed objects or its own management components. According to the content, nature and scope of impact, the functions of public administration can be divided into general and specific. General Features reflect the basic, objectively necessary relationships: organization, planning, regulation, staffing and control. Common functions include:

Ensuring national security and defense capability;

Development and implementation of policies expressed in state programs on a federal and regional scale;

Establishment and effective implementation of the legal and organizational foundations of economic life;

Management of state property and enterprises, organizations and institutions of the public sector;

Regulation of the functioning of various non-state sector facilities;

Ensuring the implementation of the rights and obligations of individuals and legal entities;

Exercising state control and supervision over processes occurring in the managed (direct impact on the object of management) and regulated (indirect impact on the object of regulation) spheres.

Specific functions of the state reflect the special content of individual influences of the state. For example, financing, taxation, licensing, accreditation, labor regulation and wages, lending, etc. A special subgroup of specific management functions consists of internal management functions of government bodies. These include ensuring the rule of law, training and advanced training of management personnel, etc. Among the main tasks of the state management includes:

- ensuring expanded reproduction of living conditions

population size, high level and quality of life;

- economic and social transformation of the economy of the country and its regions;

Analysis, forecasting and programming of national and regional development;

- optimization of financial flows, creation of conditions and mechanisms for strengthening the economic base of the region and municipalities;

- ensuring environmental safety in the country and its regions, protecting the environment;

- formation and implementation of structural, investment and scientific and technical policies;

Creation and development of market infrastructure, etc.

The basis for the construction of government bodies is the principle of separation of powers (French separation des pouvoirs, Latin trias politica) - the principle according to which state power should be divided into branches independent from each other (but, if necessary, controlling each other): legislative, executive and judicial. This principle was first proposed by John Locke and introduced into scientific circulation by Charles-Louis de Montesquieu in 1748. In accordance with it, there are 3 branches of government: legislative, executive and judicial power.

Legislature belongs to a separate government body involved in the development of legislation. The purpose of this power is to issue laws. This branch of public power lacks a power hierarchy and a system of administrative subordination. The functions of the legislative bodies also include approving the government, approving changes in taxation, approving the country's budget, ratifying international agreements and treaties, and declaring war. The general name of the legislative body is parliament. For example, in Russia the legislative power is represented by a bicameral Federal Assembly, which includes the State Duma and the Federation Council, and in the regions - by legislative bodies (parliaments).

At parliamentary form of government the legislative body represents the supreme power, and the monarch or president performs mainly representative functions and does not have real power. At presidential form of government the president and parliament are elected independently of each other. Bills passed through parliament are approved by the head of state - the president, who has the right to dissolve parliament.

Executive branch carries out executive and administrative activities in different states. Executive and administrative activities- type of activity of state executive authorities and local government bodies (heads of municipalities and divisions of their apparatus), aimed at organizing the implementation of laws. If necessary, it is accompanied by the adoption of normative legal acts (decrees, orders, etc.) within the framework of the law. For example, at the disposal of the state and/or municipal property and in administrative actions addressed to the subjects of its management: officials and citizens entering into public relations in this area. Depending on the territorial scale of activity and administrative – According to the territorial division of the country, executive authorities are divided into central (federal), constituent entities of the Russian Federation (republics, territories, regions) and local (municipal).

The judiciary is the power, whose main function is justice. Justice (justice) - a type of law enforcement and law enforcement state activity, as a result of which judicial power is implemented (manifested). The judicial power also refers to the activities of special state bodies - courts - to consider and resolve civil, criminal, administrative and arbitration cases, carried out in a special procedural manner with strict compliance with the requirements of the law. The structure of the judiciary in Russia, for example, judicial power is exercised through civil, administrative and criminal proceedings and is based on a system of principles characterizing a separate facet of justice: legality; administration of justice only by the court; independence of judges; administration of justice on the basis of equality of all citizens before the law and the court; ensuring the right to legal protection; participation of citizens in the administration of justice; publicity of justice (openness of judicial proceedings); protection of the legitimate interests of the individual; competitiveness and equality of the parties when considering a case in court; native (national) language of legal proceedings. The system of federal judicial authorities is formed by the Constitutional Court, the Supreme Court, the Supreme Arbitration court, as well as other federal courts.

Selection control power as an independent conditional. In many countries of the world, this branch of government is formed by the prosecutor's office, audit chambers, and other control bodies. In Russia, the status of these government bodies is defined as a system of bodies that are not part of the structure of any of the three branches of government.

(Document)

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Publisher: Eksmo, 2008; 160 pp.

The lecture notes meet the requirements of the State educational standard for higher professional education.

Accessibility and brevity of presentation allow you to quickly and easily gain basic knowledge on the subject, prepare for and successfully pass tests and exams.

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

1. The concept of public administration

2. The essence of public administration

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

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

1. Methodology of public administration

2. Subjects and objects of public administration

LECTURE No. 3. Essence and types of state

1. Concept and characteristics of the state

2. Political power as a general sociological category

3. Types of state

LECTURE No. 4. Form of state

1. The concept of the form of the state

2. Forms of government

3. Forms of government

4. Political regime

LECTURE No. 5. Government bodies

1. Concept, legal status

2. Classification of public authorities

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

4. Administration of the President of the Russian Federation

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

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

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

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

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

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

LECTURE No. 7. Judicial power in the Russian Federation

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

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

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

1. Constitutional and legal basis for the organization of state power of the constituent entities, delimitation of the jurisdiction of the Russian Federation and the constituent entities of the Russian Federation

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

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

4. Highest official (head) of a subject of the Federation: legal status and powers

LECTURE No. 9. The essence and main directions of activity of state socio-cultural policy

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

2. State regulation in cultural sectors

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

LECTURE No. 10. Public administration in the field of safety and security of the individual, society and state

1. The concept of security and its types

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

LECTURE No. 11. Local government in the Russian Federation

1. The concept of local government

2. Principles of local government

3. Legal basis of local self-government

LECTURE No. 12. Organizational foundations of local government

1. The concept of the organizational foundations of local government

2. System and structure of local government bodies

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

4. Charter of the municipality

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

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

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

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

4. Head of a municipality: status and powers

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

1. Offenses and liability

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

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

Objects of management can be things (management of things), phenomena and processes (process management), people (management of people), and the subject of management is always a person (operator, manager, manager, etc.) or a collective entity - administration (directorate, leadership, command, etc.). Despite all the diversity, the essence of any type of management is the direction and coordination (coordination) of the actions of participants in processes and phenomena, their subordination to the purposeful will of the managing subject.

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

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

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

The prerequisite and at the same time the driving force of the social management process is power. It is well known that power as a social phenomenon and an integral property of the human community serves as a tool for organizing a given society, a regulator of social relations emerging in it. IN modern conditions According to the current Constitution of the Russian Federation, in the system of managing all affairs of society and the state, three main types of social management can be distinguished: public, municipal and state.

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

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

Public administration as a form of implementation of the prerogatives of the state by its bodies and officials in common system social public management is the main area of ​​action and application of administrative law. In a narrow organizational, administrative and legal sense, public administration is understood as only one specific type government activities associated with the implementation of executive state power as one of the branches of state power, which is carried out by a system of special state executive authorities or government bodies.

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

2. The essence of public administration

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

Generic consolidated forms of state activity carried out by state bodies of legislative, executive and judicial power are usually called branches of state power. In terms of its internal content, the activities of the bodies of each of these three branches of government are complex and consolidated, since they include several forms, but only one of which is the main and determining one. Thus, for representative (legislative) authorities, the main and determining type of their activity is legislative, although the Federal Assembly carries out its activities in other forms, such as impeachment, declaring an amnesty, participation in resolving personnel issues on the appointment and dismissal of some senior state officials. Similarly, for executive authorities, the main and defining type of activity is managerial executive and administrative activity, although they also carry out other types of government activities: representative activities of the Russian Federation in foreign countries, various shapes participation in legislative activities, development of foreign and domestic policy doctrines.

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

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

The organization of all the above types of government activities is accompanied, provided or served by organizational management activities, which complicates full definition the subject of administrative law, discussed in the next chapter.

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

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

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

Government bodies fulfill the requirements of laws and other general regulations of presidential and government power through a system of executive and administrative management actions, which are expressed in the administrative legal acts and organizational and executive actions they adopt. They execute laws by giving orders.

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

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

Chronological framework this stage The period can be roughly defined from 1880 to 1920.

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

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

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

There was another favorable factor that influenced the intensive development of the theory of public administration in the USA. Americans already in those years believed that the science of administrative public administration and the science of managing private enterprises could and should be brought closer together. Courses in administrative organization, personnel management, budget technology, human relations, organization theory were taught in many educational institutions USA as for those who prepared themselves for public service, and for those who were supposed to replenish the business administration of private businesses in the future. And since the teaching of these disciplines had such a wide audience, a large number of professors, textbooks, research work. All this contributed to the development of the theory of public administration.

There was another factor of the same plan. Americans have always emphasized practical significance Public Administration Research; their scientific developments contained practical recommendations and proposed substantiated reform projects. This utilitarian approach to the study of public administration made it possible to find public and private sources of funding for scientific work.

In the 1920-1950s. The most famous directions in the theory of public administration were the classical school and the school of human relations. Prominent representatives of the “classics” are A. Fayol, L. White, L. Urwick, D. Mooney, T. Wolsey.

The goal of the classical school was to develop the leading principles of organizing professional public administration. Almost all the “classics” proceeded from the idea that following these principles would lead to the success of public administration in different countries. Adherents of the classical school were not very concerned about the social aspects of government activities. They sought to look at management organization from a broad perspective and tried to determine General characteristics and patterns of state organization.

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

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

Fayol gave the classic definition scientific management: “To manage means to foresee, organize, command, coordinate and control; foresee, i.e. take into account the future and develop a program of action; organize, that is, build a double - material and social - organism of the institution; command, i.e. force staff to work properly; coordinate, i.e. connect, unite, harmonize all actions and all efforts; control, i.e., make sure that everything is done in accordance with established rules and given orders.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Generally strengths The classical approach lies in the scientific understanding of all management connections in the public administration system, in increasing labor productivity through operational management. However, in cases where management efficiency has a decisive influence human factor, using this approach is clearly not enough.

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

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

Of particular importance are studies that describe the actual behavior of individuals and groups in the process of developing and making government decisions. In a relationship practical recommendations The human relations movement believes that any normative theory decisions only have a prospect of success when it is based on real facts of behavior of organization members in the decision-making process. In this case, the criterion of expediency is not efficiency as such, but efficiency compared with the psychological limitations that determine the framework practical application theoretical recommendations for improving management. It is recommended to use basic techniques for managing human relations, including more effective actions by immediate managers, consultation with ordinary employees and providing them with greater opportunities for communication at work.

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

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

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

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

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

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

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

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

The school of behavioral sciences departed somewhat from the school of human relations, which focused on methods for establishing interpersonal relationships. New approach distinguished by its desire to provide greater assistance to civil servants in understanding their own capabilities in government agencies based on the application of behavioral science concepts. The main goal of this school is to general outline was to increase the effectiveness of the organization by increasing the efficiency of its human resources.

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

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

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

Democratic concepts of public administration presented a huge amount various schools, including schools associated with the ideas of the “evil state” and the “good state”, the “night watchman state” and the “omnipotent regulator state”, schools that defend the priority of economic or political methods of management, and the concepts of the welfare state and the state, which creates only favorable conditions for the activities of the individual, with the ideas of “rational bureaucracy”, technocracy and other concepts that require, on the one hand, the separation of state and municipal administration, and on the other, the idea of ​​municipal bodies as “agents of the state.”

Despite all their differences, democratic concepts are based on common management postulates– universal human values, principles of democracy, political and ideological pluralism, separation of powers, the rule of law, recognition of local self-government, etc. They reject totalitarianism and authoritarianism, affirm the control of the official by the population, and place him at the service of general (and not class) interests.

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

The concepts of Muslim fundamentalism regarding governance are associated with the ideas of the caliphate as the best form of government, with the denial of elections to state bodies (they are replaced by the appointment by the monarch of an advisory council - ashura - under the ruler). Instead of citizen participation in governance, the practice of the Majlis is used (reception on established days of any devout by the head of state, who is also an imam - the religious head, and members of his family).

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

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

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

In the study of public administration, they are widely used historical method(for example, by using historical data, governance trends are identified), concrete sociological methods and techniques(questionnaires, interviews, surveys of the population, state and municipal employees), social-qualitative research methods(for example, to identify the social preferences of different groups of employees), legal(study of regulations governing public administration), comparative legal(for example, comparison with foreign management models, contrastive comparison) methods.

The most important role in the study of public administration is played by methods of monitoring the activities of relevant bodies and officials, methods of imitation (for example, organizing appropriate business games that copy a certain type of activity of a state body or local government), various private methods, the study of documents, statistics, reports of relevant authorities, media data.

G MU

The concept of a state and the concept of a municipality as subjects of management. The concept of a type of activity as a system of relations.

Management - impact.

Control (cyber) - transferring an object (system) to a new state or changing the state of a control object to achieve the goal set for the system.

Social management – ​​impact on social system, on communities of people.

Managerial influence is Practical activities, carrying out actions of an organizational and legal nature aimed at creating regulations and their implementation.

For legal science it is important legal form relationships.

Managerial influence is a certain resultant activity of influence relations, stimulating, changing.

Managerial influence contains an element of goal setting. Goals d.b. recognized, attractive, supported by society, mobilizing it and at the same time, real.

State art municipal goal setting: from a natural set of goals, select those that are not only necessary, but also can be realized.

Managerial influence contains an organizational element: direction and practical organization of people.

ABOUT organizational impact

Static (structural) dynamic (functional)

Managerial influence involves the regulation of the behavior of managerial relations, which is carried out through the recognition, approval and implementation of social norms.

Properties of managerial influence (the essence of social management):

• 
  goal setting,
• 
  organization,
• 
  regulation.

In Plato and Aristotle the concepts of “politics” and “police” arise. Then the institution of citizenship arises as a way legal connection citizen and state.

Machiavelli: The state is a way of purposefully uniting people interested in obtaining order in the territory of their residence. The state is the solution of common affairs, the highest form of human society.

Klyuchevsky: people are a population not only living together, but also acting together. State-organization a form whose content is the people. Through this form, the people present themselves in the world community as a single whole.

The state is the political organization of society. The state was historically created as a mechanism of public power, embodying law and strength. The ability to resolve public affairs is determined by the presence of a government apparatus vested with certain powers.

One of the tasks of the state is to ensure the limits of its power over man, the rights and freedoms of man and citizen, in a cat. people has the right to demand from the state the protection of rights.

State power is a whole divided into subsystems that oppose and interact with each other.

State bodies authorities interact with civil institutions. societies (parties, societies, groups of influence).

To resolve common affairs, the state is the highest integral part watered systems of society.

The task is watered. systems: isolating from the complex of problems those cat. require decisions to be made at this time.

Polit. the system covers the state and society in their interaction.

For sociologists: state – def. well-organized and structured population.

For political scientists: the state is a mechanism of public power.

State- the method and legal form of organization of society, the set of mechanisms for the relationship and interaction of people living in a single territory, united by the institution of citizenship, the state system. authorities and the legal system.

State power has an official legal character.

Essential features of state authorities

1. 
   The objectivity of its existence.
2. 
   A product of the necessary development of society.
3. 
   Ability to solve problems of general importance.
4. 
   Rational resolution of the settlement of contradictions between the people and individuals.

State power is a system of government influence. apparatus for society.

The key principle for implementing state activities is principle of separation of powers, the cat includes:

1. 
   A clear division of functions and areas of responsibility of bodies included in various branches of the state. authorities.
2. 
   Relative independence in carrying out daily activities.
3. 
   Provisions in the state the power of mech-ma checks and balances.
4. 
   Soc., society. control over the activities of all branches of government. authorities, security by legal means.

State apparatus - a set of government bodies. authorities vested with authority.

knot meaning: the totality of legislative, administrative, judicial bodies. broad authorities meaning: these are coercive institutions (FSB Armed Forces)

Government activities the apparatus is of an authoritative nature, aimed at the implementation of generally binding regulations directed to specific addressees.

State the body has an organized unity, its own competence, which consists of the subjects of jurisdiction of this authority.

In the science of government management. management is seen as the practical, organizing and regulating influence of the state on society. the activities of people in order to streamline it, relying on the powerful state. strength.

State management - government activities. apparatus for managing both public and own affairs to achieve a significant goal.

State management - all activities of the state in organizing the state. organs and their relationships and functioning.

The state is the subject of targeted, orderly influence on society and its representatives.

The state is based on the powers of the government and is a way of implementing the state. authorities.

The foundations on which the state is built, that is, the basic elements of the constitutional system.

Constitution – (g) establishment.

In the modern understanding of this word, they arose during the period of bourgeois revolutions of modern times.

The main purpose of the Constitution at that time was to consolidate the abolition of class privileges and consolidate private entrepreneurial activity.

The first writing K - USA 1776; France; Kingdom of Poland, part of Russia

In modern jurisprudence, K is the basic law or system of laws of the state, which have the highest legal force, adopted and amended in a special manner according to other legislative acts, establishing the legal foundations of the state and liturgy, the organization of power in a given state and this or that federal or unitary structure of the state.

Formal school: K - the highest legal act

Sociological school of law: K - the totality of social-ec, general-sex processes, which took place in the Island at the time of adoption of K. K-res-t-ec and gender of struggle.

In accordance with the teachings of two schools:

Constitution: - legal - document, the text is recognized as the main constitution of the state.

Actual (social) - the foundations of the state and social system that actually exist in a particular country

If a legal entity does not correspond to the real state of affairs in the state, then it is called fictitious.

According to the acceptance form K: - written(our K, To France,...)

- unwritten– a set, a system of laws (In Great Britain, the cat consists of a system of laws that have developed over approximately 7 centuries - Magna Carta of 1215,..., law of the Ministers of the Crown of 1937)

^ In order of establishment:

• 
  octroied (granted) - those who are granted by state monarchs, or are prepared and recommended by metropolitan states in relation to their former colonies. (Japan)
• 
  unoccupied (most modern states in Europe)

In order of acceptance and amendment:

• 
  flexible - accepted and changed in the usual legislative manner, i.e. Parliament (Republican Constitutions - French)
• 
  rigid - special order of change (USA, Russia 1993)

• 
  republican
• 
  monarchical

• 
  unitary (Sweden, Norway, China)
• 
  federal (Russia, India, Belgium - federal monarchy)

Constitution:

1. Preamble (goals and historical conditions of adoption)

Constitution of Russia:

Section 1 - 9 chapters: the basics of the constitution of the system, the legal status of the individual, the federal structure of Russia, the organization of the activities of the main institutions of the state is regulated - the President, Parliament, Local Government, etc.). Ch. 9 – amendments and changes to K

In its essence, the 1993 Russia K is a general democratic K, based on the recognition of the highest value of the rights and freedoms of Latvia, but many of its norms fix the tasks and goals that Russia strives for, rather than existing norms.

Legal properties K– its signs or qualities that determine its special legal nature, distinguishing it from the normative acts of current legislation.

The nature of social relations regulated by K, which in their content are basic;

K carries out targeted efforts to develop legislation.

K has the highest legal force, that is, no other legal act can exceed K in its legal force and all legislation and by-laws either must be brought in accordance with it, or are recognized as legally void and ineffective.

All legislation and by-laws must be adopted in the manner regulated by the Committee.

Direct immediate effect of norms K, that is, regardless of the presence of legislative acts that would regulate the order of organization of constitutional norms, they can be directly applied by law enforcement agencies. The exception from the principle of direct action of the K-tion consists of those const norms, which directly state that they act directly in the manner determined in the federal order (citizenship).

A special procedure for its adoption and amendment (Chapter 9 of the Code of the Russian Federation), designed to serve its stability.

Implementation of K is the activity of subjects of constitutional law, that is, subjects of the Russian Federation, state bodies (federal and federal subjects), associations, citizens to implement the implementation of K norms in life.

^ Implementation of K is carried out in such legal norms as:

• 
  compliance– passive form of implementation of K – not a violation;
• 
  execution– active form of implementation of K – subjects of constitutional law perform certain actions directly prescribed by the norm of the Constitution.
• 
  usage– active form of its implementation, which is the process of use by subjects of constitutional law of the rights and freedoms granted to them (free movement, free stay and place of residence);
• 
  application– a special form of implementation of constitutional norms, which consists in the fact that bodies carrying out law enforcement or judicial activities base their acts on norms K (the President dissolves Parliament).

Interpretation K– a method of its concretization, which, if necessary, precedes its implementation.

• 
  household
• 
  doctrinal– scientific information is contained in the comments to K.
• 
  official– mandatory for all subjects of constitutional law. Only the Constitutional Court of the Russian Federation is authorized to give it. The task is the legally precise content and procedure for applying constitutional forms.

The constitutional system (in the legal sense) is a way of organizing statehood, enshrined in the Constitution and receiving further development in acts of current legislation.

The basis of the modern understanding of the Constitutional system is:

1. 
   Power
2. 
   Sovereignty
3. 
   Freedom of the individual.

The presence of K does not mean that a constitutional system has been established in the state, which is characterized by the establishment of individual rights and freedoms, not only enshrined, but also actually implemented.

In the system of fundamentals of the constitutional system, it is customary to distinguish 3 groups of elements-principles:

1. The principles that form the foundations of the state. authorities in the country: the principle of democracy, federalism, separation of powers, the principle of state sovereignty.

Power of the people: - direct democracy, exercised through direct expression of will through elections or referendums;

Representative democracy, carried out through bodies elected by the people

2. ^ The principle of federalism (v. 5). The federal structure of the Russian Federation is based on its territorial integrity, on the unity of the system of state power, on the delimitation of the jurisdiction and powers of the federal government and the authorities of the constituent entities of the federation, as well as on the equality and self-determination of peoples.

Factors of a federal structure:

Size of territory (almost all large states, except China and some small ones such as Belgium)

Specifics of eco-development (its different eco-level) of different regions

Ethnic diversity of the population

Sociocultural characteristics.

3. ^ The principle of separation of powers (Article 10) involves the creation of a state system in the Russian Federation. bodies designed to perform 3 main functions of the state. authorities, i.e. legislative(the highest representative body is Parliament), executive(system of executive authorities, headed by the Government), judicial(independent courts forming the federal judicial system, Const., Verkh and Supreme Arbitration Court).

This principle does not apply at the local government level. State The sovereignty of the Russian Federation presupposes the supremacy of the Constitution and all Federal laws throughout the Russian Federation. State sovereignty is expressed both in the fact that legislative acts cannot contradict the Constitution, and in the fact that the Russian Federation itself forms its own legislative base.

4. Principles of recognition, respect and protection of human rights:

1. 
   recognition of human rights and freedoms as the highest value;
2. 
   respect and protection of rights and freedoms;
3. 
   principles on which the organization of civil society is built:

The principle of diversity and equality of forms of ownership;

1. 
   multi-party principle.

^ Constitutional and legal status of the individual in the Russian Federation

A system of rights, freedoms, and responsibilities of an individual assigned to him by constitutional and legal acts.

Human rights– a measure of possible human behavior in a state-organized society.

^ Human freedom - those areas of its activity in which the state should not interfere.

The structure of the legal status of the individual.

Rights and freedoms of a person and a citizen; duties of a person and a citizen

rights to realize interests

rights of citizens in mutual relations with the state

all persons on the territory of the state

only citizens of this state

The constitutional status of an individual is a set of rights, freedoms and responsibilities.

Rights:

1. 
   personal;
2. 
   political;
3. 
   economic;
4. 
   social;
5. 
   cultural.

Personal rights:

The right to self-determination and determination of one’s nationality (Article 26).

The right to use one's native language

The establishment of a state language in the republic cannot be a basis for abandoning the native language.

Right to freedom of movement (Article 27). Notification registration of citizens at the place of stay and place of residence.

The freedom to choose a place of stay and place of residence may be limited in relation to border zones, closed territorial entities, and closed military camps.

Right to freedom of conscience (Article 28).

Opportunity to express any views (broad sense).

Freedom to profess any religion or to be an atheist (narrow sense).

Freedom of choice, presence, distribution of religious and other beliefs and action in accordance with them.

The separation of the church from the state means the inadmissibility of interference of religious associations in the affairs of the state and vice versa.

^ Political rights and freedoms (vv.29-33)

Feature - they are fully implemented only in relation to citizens of the Russian Federation. They include freedom of thought and speech, freedom of information, the right to create public associations, to hold public events, to appeal, and to participate in the management of state affairs.

Mass information – printed, audio-visual, and other messages and materials intended for an unlimited number of people.

Political parties must be registered. Restriction on the creation of public associations (Article 5).

A meeting is the joint presence of citizens in a predetermined place and time to resolve issues collectively.

A rally is a mass gathering of citizens to publicly express opinions on socio-political life.

Demonstration is a public expression by a group of people in the form of a procession using means of propaganda.

A street procession is an organized mass movement of people along the street in order to attract public attention to any problems.

Picketing is a visual demonstration by a group of citizens of their views without a procession or sound amplification by placing participants near the picketed object using means of visual propaganda.

Public events may be prohibited:

1. 
   if there is no application
2. 
   if the order of its implementation was violated
3. 
   if society was violated. order
4. 
   if this results in a danger to the life and health of citizens.

The right to participate in the management of the state.

• 
  To be elected and to be elected
• 
  Participate in referendums
• 
  The right to participate in government and municipality activities.
• 
  The right to participate in judicial activities.

The ability to personally or collectively contact the government in writing or orally. bodies or bodies of municipalities. authorities.

Types of requests:

• 
  Offers
• 
  Statements
• 
  Complaints

Complaints regarding infringement of rights. Registration procedure, mandatory response, right of appeal.

Special complaints:

Appeals against government decisions persons

A petition is an application to grant a person a certain status.

Economic and sociocultural rights (Articles 34-44).

• 
  Right to Occupation entrepreneurial activity
• 
  Right to private property
• 
  Right to land
• 
  Right to work
• 
  Right to rest
• 
  Right to social security
• 
  Right to housing
• 
  The right to health protection and medical care
• 
  Right to education and creative freedom

Guarantees of human and civil rights and freedoms in the Russian Federation.

Rights and freedoms correspond to responsibilities.

^ General Responsibilities : comply with the Constitution and laws of the Russian Federation, protect nature and the environment, take care of natural resources, take care of the preservation of historical and cultural heritage.

^ Special duties:

Parents – care and education of children, ensuring receipt of general secondary education

Children (after 18 years) – care for disabled parents.

Taxpayers – pay taxes.

Military personnel - to defend the Motherland.

The constitutional status of an individual does not violate the rights and freedoms of the state.

Guarantees:

• 
  Constitutional
• 
  Administrative and legal
• 
  Criminal law
• 
  Civil law.
• 
  Institute of the Parliamentary Commissioner for Human Rights (Ombutzman).

Appearing for the first time in the Scandinavian countries (Sweden) in the second half of the 19th century, it was then adopted by the constitutions of most countries.

Ombutzman is a person authorized by Parliament to monitor the implementation of human rights, freedoms and legitimate interests in the sphere of activities of state bodies. management, their officials, and also contribute to the restoration of violated human rights.

The legal basis for the activities of the Commissioner for Human Rights of the Russian Federation - Federal Law of the Russian Federation dated February 26, 1997 On the Commissioner for Human Rights in the Russian Federation. It was adopted on the basis of the implementation of the provisions of the 1993 Constitution of the Russian Federation.

In the Russian Federation now – Lukin.

The Commissioner for Human Rights is a citizen of the Russian Federation, at least 35 years old, who has knowledge in the field of human and civil rights and freedoms and experience in their protection. Appointment to the position is within the competence of the State. Duma. proposals for candidates may be made by the President, the Federation Council, and Deputy associations.

Appointed for a 5-year term, only 2 consecutive terms can be served. Cannot be a State Deputy. Duma, Federation Council, be a member of any political party, engage in political activities, cannot be in the state. positions and engage in other paid activities, except scientific or creative ones.

Restoration of violated rights, improvement of legislation and bringing it into line with generally accepted norms and principles, development of international cooperation in the field of human rights and freedoms, legal education in this area.

Consider complaints about violations of rights and freedoms filed no later than 1 year after such a violation or after the person became aware of the violation.

The Commissioner, having received a complaint, has the right to accept the complaint for his own consideration, or to explain to the applicant the ways he has not used to protect his rights, or to transfer the complaint to an authorized body or local government body, or to refuse if the conditions for filing are not met.

Based on the results of the review the authorized person has the right personally or not

1. 
   go to court with a request to restore rights,
2. 
   contact the authorized state bodies with a request to initiate administrative or disciplinary proceedings,
3. 
   or apply to the court for a supervisory review court decision, which violated human rights and freedoms, and
4. 
   also apply for verification of the normative act that has entered into force legal act(including laws) that infringe on human rights and freedoms.

At the end of each year, a report on the state of human rights and freedoms is sent to the President, the Government, the High Courts, the General. to the prosecutor, which is subject to mandatory publication in the media.

^ Federative foundations of the organization of public administration in the Russian Federation.

Types of state structure:

1. unitary- a unified state entity consisting of administrative-territorial units that does not have any signs of statehood. Characteristic: a unified legal and legislative system, a judicial system, a unified system of government bodies. Administrative-territorial entities do not have the right to create their own government bodies.

2. federal– a state, which consists of state-territorial entities that have relative state legal personality. Federacio from lat. - Union.

^ Types of federations:

- negotiable- those whose subjects united and formed a state based on constituent agreement. They are more decentralized and their subjects have a larger set of rights. The right of recession (the right to secede from the federation) is provided.

USSR, created in the early 20s.

- constitutional. More centralized. RF 1993, Belgium.

Confederation, as a union of states, is an unstable phenomenon. There are currently no confederations. Switzerland, despite its name, is a classic federal state.

^ Specific tasks of a federal state:

1. 
   Maximum provision for the free development of peoples living on the territory of a given state.
2. 
   creating conditions for population participation in political processes at different levels.

Signs of a federal state:

Absolute:

1. 
   Voluntary nature of unification of state entities into a single state.
2. 
   Mandatory inclusion of such territories into the territory of the state.
3. 
   Symmetrical constitutional status of all subjects.
4. 
   Distinction of subjects of jurisdiction and competence between government bodies of the federation and its subjects
5. 
   If there is a legal system, there is a two-level system of legislation.
6. 
   The existence of an independent system of legislative and executive authorities of the constituent entities of the federation. At the same time, the judicial system always remains unified.
7. 
   Availability of a single federal citizenship for all persons, regardless of the subject in which they live.

Signs of a federation of an optional nature:

1. 
   The presence of individual subjects of the federation of their own Constitutions.
2. 
   Asymmetrical constitutional status of various subjects of the federation.
3. 
   The possibility of establishing citizenship of the subjects of the federation, which does not cancel citizenship at the federal level.
4. 
   Functioning of the independent judicial system of the constituent entities of the federation.

^ The Federation is based on:

1) unity of the territory;

2) unity of the legal system (unified understanding of state institutions, common legal terminology,...);

3) unity of the judicial system;

4) elements of the unity of the system of executive authorities.

^ Legal characteristics of the Russian Federation as a federal state:

1. 
   The Russian Federation is a complete federation, i.e. its territory consists entirely of the territories of the constituent entities of the federation (the territory of the RSFSR was not a complete federation)
2. 
   The division of competences between the federation and its subjects is carried out on the basis of the Constitution.
3. 
   In the Russian Federation, the highest legislative, executive and judicial power belongs to federal bodies, and the judicial and executive powers are unified systems.
4. 
   Subjects of the federation have the right to adopt their own Constitutions or Charters as fundamental laws, and have their own legislative and executive authorities.
5. 
   In the Russian Federation there is a single citizenship.
6. 
   The Russian Parliament is bicameral, i.e. it directly represents the subjects of the two chambers.
7. 
   Foreign policy activities on behalf of the Russian Federation are carried out exclusively by federal government bodies.
8. 
   The Russian Federation is an atypical federation that deviates from classical models. It is asymmetrical, i.e. its subjects have different constitutional status, but in relations with the federal government they are equivalent.

The principles on which the federal structure of the Russian Federation is based:

1. 
   State integrity of the Russian Federation
2. 
   Unity of the system of state power
3. 
   Distinction of subjects of jurisdiction and powers of the constituent entities of the Russian Federation;
4. 
   Equality and self-determination of peoples;
5. 
   equality of subjects.

State integrity– extension of state sovereignty and the application of federal laws to its entire territory.

One of the most important guarantees of the integrity of the federation– absence of the right of recession (right of exit).

State integrity is based on the unity of the legal and economic space, common citizenship and on the proclamation of the Russian language as the state language throughout the entire Russian Federation. Subjects can set another language, but only as a second one.

^ Unity of the state system authorities:

Two-level system. The functioning of the totality of these organs as unified system is based on the Constitution and a unified legal and legislative system, as well as on the delimitation of jurisdiction and powers both horizontally and vertically (i.e. between federal bodies and judicial bodies).

Delimitation of powers and subjects of jurisdiction between the bodies of federal regions and regions of subjects.

The principle of equality and self-determination.

The principle of equality of subjects, arising from the principle of equality of peoples.

89 subjects of the Russian Federation, of which:

32 – according to nationality-territory

57 – on a territorial basis

In addition to the federal structure of the Russian Federation, since 2000 it has been divided according to federal districts(7 districts):

Central – 18 (Moscow)

Northwestern (N-P)

Privolzhsky – 15 (NN)

Uralskty – 6 (Ekb)

Far Eastern – 10 (Khabarovsk)

Plenipotentiary representatives of the President appointed by the President operate in the districts. Under them, territorial bodies of federal government bodies can be created.

^ Electoral system

The electoral system in the broad sense of the word is a set of social relations, connections with the organization and conduct of elections, in the formation of representative bodies between...

The electoral system is regulated by the norms of electoral law, which together form an institution in the system of constitutional law.

The election system in a narrow sense is the procedure for determining election results, which makes it possible to determine which of the running candidates is elected to elective position. At the same time, one or another procedure for counting votes may lead to the fact that the election results with the same voting results may turn out to be different.

According to the methodology for determining the methodology for election results

Majoritarian electoral system (Presidential elections)

Proportional

Mixed

Historically, the first izb system was the majoritarian izb system, which is based on the majority principle, i.e. Those candidates who received a relative, absolute or qualified majority of votes are considered elected.

The relative majority system in the majoritarian system assumes that the winner of the election is the candidate who receives more votes than each of the other candidates.

The absolute majority is the one who received the absolute majority of those who took part in the vote, i.e. no less than 50% of votes + 1 vote.

Qualified majority – 2/3 or ¾ of the votes of the persons who took part in the voting.

Mixed system – elections using both majoritarian and proportional systems.

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