4. Management of people is carried out consciously. In this process, ideal goals and programs for their implementation are developed, and the means for implementing programs (organs, communication systems, etc.) are consciously created.

The goal of a biological system, homeostasis, is achieved mainly through adaptation to the environment. Social management in many cases aims to improve the system, change its quality features adapting the environment to their needs.

5. It is also very important that mankind has learned to accumulate and store information outside the individual, to transmit it through social education. People created special means, with the help of which they consolidate, preserve and transmit the experience of generations, turn individual experience into a collective one, they made technical devices for the rapid transmission of information over long distances, for its processing, coercion, etc. The specificity of social management lies in the use of non-genetic, non-organic system of means of collecting, processing and transmitting information. In this regard, social management is characterized by the presence of individual devices, i.e. special control systems, technical means, special communication channels, "languages" (codes).

There are various types of people management. It is always carried out in specific conditions. Managerial relations are one of the types of social relations that develop under the influence of many circumstances.

Depending on the limits of power influence, one can distinguish between the management of the state, the city, the sphere of social life (defense, healthcare, finance, etc.), the enterprise, etc. On the basis of ownership, one can distinguish between state, municipal, private non-profit and private commercial management.

Theory of Management and Theory of Administrative Law

Before defining the concept of public administration, it is advisable to consider the issue of the state-legal nature of governance and the structure of the theory government controlled.

Public administration contains objective and subjective prerequisites for its implementation. Public administration is subjective, since it is the fruit of the thoughts and actions of people (civil servants, officials). Responsibility for the content of management should be borne by those who are the subject of management. Being subjective in content, public administration is objectively determined by the conditions and factors within which it functions. It seems reasonable that the mechanism of public determinism of public administration by its socio-political nature can be expressed as follows: nature—goals—functions—structure—process—principles.

Public administration exists to recognize public needs and interests, evaluate and structure them, set goals, develop solutions and take actions to satisfy them in practice. So social mechanism formation and implementation of public administration can be represented by a single chain of interrelated social phenomena, mediated by the state as a subject of management: needs-interests-goals-decisions-actions-results.

The general theory of public administration consists of the following necessary elements:

1. goals and objectives of public administration;
2. correlation of management functions with other functions of state activity;
3. interaction of public administration bodies with other state bodies - parliament, government, courts;
4. organization of public administration and its system;
5. the role and appointment of a person in public administration, i.e. the importance of management personnel.

The main areas of public administration theory are:

1. management personnel (public service);
2. leadership and interaction in management;
3. organization, planning;
4. information and information Technology;
5. legislation.

The subject of the theory of public administration and the subject of administrative law are largely correlated, since they are related sciences: the theory of management, including management policy, and the theory of administrative law belong to the family of management sciences. Modern management science is developing in the following areas: state management theory; management organization; budget and finance; personnel and management organization; management personnel and leadership (style, working methods, etc.); information and management system (information technology); regional and municipal management policy; law and management; governance and environment; planning and decision; state, management and economy; management work and social policy; international order and management relations.

Branch management sciences have specific subjects of study. Administrative law establishes in legal forms management and its procedure; it determines the legality of any managerial actions, i.e. whether they are permissible within the management system as legal phenomena. Management theory evaluates managerial actions in terms of expediency, efficiency, usefulness and significance. Administrative law underpins and ensures lawful public administration and effective executive power through administrative-legal forms and methods of organizing public administration. For this, various regulatory legal acts are developed and adopted, for example: Regulations of the Government of the Russian Federation; The procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies; Standard regulations for the internal organization of federal executive bodies; Standard regulation of interaction between federal executive authorities; Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration; regulations of federal executive bodies (federal ministry, federal service and federal agency); administrative regulations for the execution of state functions; administrative regulations for the provision of public services; job regulations of civil civil servants of the federal executive body; relevant regulatory legal acts adopted by public authorities in the constituent entities of the Russian Federation.

At present, the deepening and expansion of the subject of the actual theory of public administration has led to a fairly clear delimitation of it from the structure and subject of administrative law. In the curricula of the system of legal education, a new academic discipline"Theory of Public Administration". At the same time, no one will ever be able to completely separate the theory of public administration and administrative law itself, which are essentially different branches of the same science of administration. Considering importance public administration in the life of society, everyone who is to perform managerial functions should get acquainted with them and with the problems of their effective implementation while still a student. This becomes especially relevant during the period of creating a new system of public administration, when it is being dynamically reformed and when the basic conditions for the existence of the system of managing the economy and society are changing.

Speaking about the prospects for the development of the theory of public administration, it is important to emphasize that this is both a state science and an administrative-legal discipline, which should be focused on the problems of public administration. In other words, the science of the state, executive power, its functions and tasks should provide a sufficient amount of special, professional knowledge in such complex activities as public administration. Another science - administrative law - should concentrate on the study of legal regulation in the field of public administration.

The difference between the theory of public administration and administrative law is that the theory of public administration considers it as a complex, unified, systemic formation, without analyzing the legal aspect of the problem. The theory of public administration considers law only in interaction with other elements, parties and regulators of governance. Due to the presence of a holistic approach to the study of public administration as a social phenomenon, the theory of public administration can be attributed to sociology or political science. The theory of administrative law is the science of management law (the law of management), and the theory of public administration is the science of the structural, sociological characteristics of management and management activities, its content, principles, methods, style.

The concept of public administration

2. State administration, along with law enforcement, carries out administrative law-making (legal establishment). Law-making activity consists in the fact that government bodies, within their competence, independently develop and approve rules of conduct binding on other subjects of law (objects of management), control compliance with these rules and independently exercise administrative jurisdiction (law enforcement).

3. State administration is carried out wherever there is a need to ensure the execution of legislative acts, as well as the protection of the rights and freedoms of citizens (a sign of universality). State administration is carried out in the most important spheres of the life of the state and society - economic and economic construction, socio-cultural and administrative-political spheres (a sign of scale). Public administration extends not only to state-owned facilities, but also to non-state commercial and non-profit organizations; in the latter case, state regulation takes place through managerial regulatory and control and supervisory procedures.

4. Public administration is a continuous, constant and systematic activity based on the objective laws of the functioning of the executive power and aimed at ensuring state interests, the rights and freedoms of citizens, public order and security. In the process of public administration, tasks are solved and the functions of the state are carried out and both the interests of the state and the constitutional rights and freedoms of citizens are ensured.

5. State administration is carried out by special bodies of state executive power, which are created by the state both at the level of the Russian Federation and in the constituent entities of the Russian Federation and form a system of state administration bodies. Acting on behalf of and on behalf of the state and realizing the functions of state administration, these bodies are endowed with powers of a state-imperious nature and act within the competence established for them by regulatory legal acts.

6. Public administration meets the principle of legality, i.e., the activities of executive authorities are based on the provisions and requirements of federal laws and legislative acts of the constituent entities of the Russian Federation. Management activities are carried out by bodies only within the powers and competence granted to them.

7. Public administration is built on the basis of vertical (subordination, hierarchical) and horizontal links and relationships. To a greater extent, vertical relations are widespread, that is, relations of strict subordination to the administrative and disciplinary power of the subjects of management. AT last years new forms of organization appeared - horizontal relations based on the equality of subjects of management. In this case, we can talk about the redistribution of powers between the executive authorities, the conclusion of public (administrative) contracts.

8. Public administration is based on the principle of organization, i.e. it is characterized by a variety of organizational forms, the totality of which ensures the purposeful, sustainable functioning of the entire administrative mechanism. The organizational activity of state administration bodies includes the execution of both external and internal administrative functions. Intra-organizational activities are also carried out by legislative bodies, courts, prosecutors, while creating the necessary conditions for the implementation of the direct functions of these bodies themselves (lawmaking, justice, the implementation of prosecutorial supervision).

9. Public administration exercises powers of a jurisdictional nature, i.e., provides an administrative (out-of-court) procedure for the implementation by executive authorities of the so-called "coercive" administration (for example, the imposition of administrative penalties, the application of measures of administrative warning or administrative suppression).

Types of government

In the domestic administrative and legal literature of the last decades, the problems of “private law” management are not touched upon. This type of management takes place in cases where the state itself does not act as a sovereign participant in legal relations. Therefore, it presupposes the equality of the state as a participant in private law relations, that is, it participates in the general competitive economic life, receives financial income, increases its fortune or sells it, while performing appropriate actions. Activities carried out in private law forms are aimed at achieving state-administrative goals and solving state-legal problems through participation in economic life.

The private area of ​​public administration covers the material (economic) needs of management, that is, when the state acts as a private entrepreneur and concludes various agreements. These include, for example, sales contracts, which are intended to ensure the management of materials necessary for management activities (formation and provision of management personnel, purchase of materials, equipment, stationery, land for the construction of an office building), contract agreements with road construction companies, leasing and service contracts, employment contracts with employees and workers in the public service. The state participates in these agreements not only as a customer and consumer, but also as an entity wishing to receive economic (financial) profit as an independent entrepreneur on an equal footing with other entrepreneurs.

Management, in the course of which private legal means and mechanisms are used, can also be carried out as an economic activity of public authorities to ensure the "normal" existence of society (for example, state provision of electricity, gas, water, heat; organization by cities, towns and other administrative- territorial units for garbage collection, wastewater treatment, elimination of harmful substances, etc.). Such management, which can be called creative, “positive”, is a necessary attribute of a modern welfare state. "Positive" management is the concern of the state for the normal existence of people; this includes the management of education, and social construction (construction of housing on preferential terms for certain categories of the population), and management in the field of health, economics, transport, electricity, water supply, etc. This form of management organization is common in many countries, and it is allowed only in certain cases. Where there is no clear legal regulation by the state, positive management can be carried out by private enterprises.

Management from the point of view of its organization is basically the same in all areas, however, one should distinguish between general management and special (special) management. General management is intended for any type of management activity and is implemented by the same mechanisms, forms and methods, regardless of industries and areas of management activity. Special management extends to specific areas and areas - finance, construction, agriculture, mining, domestic and foreign affairs, etc.

Functions of public administration

The problem of management functions allows you to create an optimal structure and management system, determine the objective needs of management bodies in various materials and means.

The management function is a specific direction of the managerial (organizing, regulating, controlling, etc.) impact of state administration on the object of management. Management functions have a specific content and are carried out with the help of specific methods and forms of management (for example, coercive mechanisms, publication of legal acts of management, subordinating influence). Along with the functions of state administration, the functions of state administration bodies (i.e., their control over objects), as well as the administrative functions of all state bodies (i.e., bodies of representative and judicial authorities) are singled out. These functions have a number of similar features (for example, by subject and object of management). One of the important issues is the legal establishment of the functions of public administration in the functions of public administration bodies, that is, the latter must have a normatively defined competence that ensures the high-quality performance of public administration functions.

In the textbook, management functions are considered as functions of executive authorities (public administration).

The functions of public administration are determined by objective laws. The content of each function is predetermined by the goals facing the state and public administration and the specifics of the object of public administration and includes a specific direction of the organizational and legal impact of the state administration body on specific objects of administration.

The main functions of public administration are general, typical, having a special focus on the types of interaction between subjects and objects of management, characteristic of all managerial relations, ensuring the achievement of consistency and order in the field of public administration.

The main functions of public administration include the following.

1. Information support for the activities of state bodies, i.e., the collection, receipt, processing, analysis of information necessary for the implementation of state (management) activities. In theory, this is called management information support.

2. Forecasting and modeling of the development of the public administration system, government bodies, public administration standards. Forecasting is the prediction of changes in the development and result of any events or processes in the system of state activity, in state bodies based on the data obtained, professional experience and practice, and the achievements of scientific and theoretical analysis. Forecasting is essential tool in the adoption of critical management decisions, without which it is impossible to determine the consequences social processes, the future state of society as a whole, the mobility and efficiency of government agencies.

The full list of directions for the implementation of the function of state regulation is quite large; we will indicate only some of them: the definition of rules of conduct and action in a particular area through a normative legal act; establishment of specific management procedures (certification, licensing, taxation, registration, etc.); establishment of a mechanism for controlling the required actions, i.e., the implementation of control and coordination activities, the implementation of supra-departmental powers; formulation of tasks and stages of management activities, etc.

The content of state regulation consists of the following elements: normative establishment of general requirements in a particular area of ​​management activity; economic and legal regulation of the development of specific industries; state support and protection of Russian developers, manufacturers and consumers; control over the fulfillment of the requirements and provisions established by law; coordination management; implementation of supra-departmental control and supervisory powers. The function of state regulation is increasingly reflected in federal and other legislative acts.

In some branches of public administration, state leadership and management is impossible, and it is not advisable to replace it with state regulation. For example, the management of internal affairs, foreign affairs, justice is subject to the regime of centralized direct control. At the same time, in the sectors of industrial management and economic construction, the mechanism of state regulation has long been used in practice, since it contributes to the creation of favorable economic, organizational and legal conditions for the functioning of enterprises, commercial and non-profit organizations. State regulation denies the direct administrative intervention of government bodies in the production and other economic activities of enterprises and organizations; it uses such legal means as the establishment of standards, specific management procedures, as well as taxes, fees, tariffs, duties, state orders.

State regulation is characterized as "positive" public administration, that is, the continuous solution of issues of public and state life by the state and its executive and administrative bodies. The sphere of activity of these bodies and officials includes issues of taxation, customs activities, ensuring the sanitary and epidemiological well-being of the population, the struggle for environmental cleanliness, standardization and certification, veterinary medicine, etc.

10. Accounting is the recording of information, expressed in quantitative form, on the movement of material resources of public administration, on the results of the implementation of managerial relations, the powers of state bodies, state administrative decisions, on the availability and movement of documents that are important for public administration as a whole; it is a fixation in quantitative terms of all factors influencing the organization and functioning of public administration. Accounting is designed to determine the cash quantity of any items, documents, facts; the accounting system, as a rule, includes government bodies at the federal, regional, departmental and municipal levels, information and analytical organizations and centers for collecting, processing and transmitting information, engineering and technical means, as well as regulatory legal acts regulating activities in the relevant field.

State mechanism. The necessary attributes of public administration are rule-making, the implementation of powers and measures of state coercion, regulation, etc.

The concept of "executive power" is narrower in relation to the concept of "public administration", since the executive power is derived from public administration; the effectiveness of its functioning is directly dependent on the level of organization of the public administration system. At the same time, the executive branch determines the scope and nature of the powers exercised in the process of public administration and local self-government. Executive authorities form the basis of the organizational structure of public administration and have a direct control effect on various social processes, behavior and activities of people. Executive power is exercised in the form of management and through management procedures.

Executive power is a system of relations, one of essential elements which is the control. It really affects social relations through the activities of special units of the state apparatus, which are executive authorities, that is, in essence, state administration and municipal governments. Public administration is a type of state activity within which the executive power is implemented as one of the parts of the unified state power.

State administration is carried out within certain limits by bodies of other branches of government. Legislative and judicial power, performing functions and powers inherent only to them, also use state administration in their activities. It is a broader concept in relation to the executive power, determines the qualitative characteristics of the latter and is observed in the activities of all branches of state power.

Public administration:

a) in a broad sense - the activities of all state bodies for the implementation of the assigned powers,

b) in the narrow sense - the by-law, legally authoritative activities of the executive authorities of the Russian Federation and its subjects in the exercise of the assigned powers.

Signs of public administration:

The activity is legally authoritative, executive-administrative in nature;

Activities are carried out continuously, continuously and according to plan;

Activities are carried out on the basis of and in pursuance of laws (legislative activities);

It is characterized by the presence of vertical (hierarchical) and horizontal links;

It is carried out in various forms (legal and non-legal);

Provided through a system of guarantees;

Violation of managerial activity entails the onset of negative consequences (legal restrictions).

The principles of public administration are fundamental ideas, guiding principles that underlie management activities and reveal its essence.

The principles are divided into general (social and legal) and organizational.

General (social and legal) principles:

. democracy - the people are the only source of power; he exercises power both directly and through executive authorities; control over the activities of executive authorities is carried out by legislative and judicial authorities, the prosecutor's office, as well as the population (public control);

Legitimacy - the activities of the executive authorities should be based on the exact and strict observance and implementation of the Constitution and laws, the compliance of the attached regulatory legal acts with acts of higher legal force;

Objectivity - in the implementation of management activities, it is necessary to adequately perceive ongoing processes, establish existing patterns and take them into account when making management decisions and their implementation;

Scientific character - the use of scientific methods for collecting, analyzing and storing information, taking into account scientific developments in the course of making and implementing management decisions;

Concreteness - the implementation of management should be built taking into account specific life circumstances, i.e., in accordance with the real state of the management object and the resource of the management subject;

Separation of powers - the division of state power into legislative, executive and judicial with the assignment of specific functions to them in the prescribed manner;

. federalism - the activities of executive authorities are based on the normative consolidation of the delimitation of competence and jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;

Efficiency - the achievement of the goals of management activities should be carried out with minimal cost forces, means and time.

Organizational principles:

Sectoral - the implementation of management activities, the organization of the management system is built taking into account the generality of the management object, which forms a certain industry (management of industry, transport, communications, agro-industrial complex, education, healthcare, etc.);

Territorial - the formation of a management system is based on a territorial basis (administrative-territorial division);

Linear - the type of organization of services and divisions that carry out executive and distributive activities, in which the head, within the limits of his competence, has all the rights of management in relation to his subordinates;

Functional - executive authorities and apparatuses carry out general subordinate management functions (finance, statistics, employment, etc.);

Dual subordination - a combination of the beginnings of centralized leadership, taking into account the territorial conditions and the state of the control object;

The combination of unity of command and collegiality is the most important questions concerning the fundamental aspects of management activities are taken collectively, and operational, current, not requiring collegial consideration, are decided individually.

Functions of public administration:

Common features include:

1. Planning is the initial stage of the management process. That is, someone has to decide what, how, when and by whom should be done. To implement this function, it is necessary to determine the state of a particular problem, goals and the procedure for achieving them. Planning can be strategic (highest level), long-term, tactical - i.e. intermediate goals are determined on the way to achieving strategic goals and objectives (middle level), and operational (lower level).

2. Organization - the establishment of permanent and temporary relationships between various departments of state bodies, the determination of the procedure and conditions for its functioning. Those. it is the process of bringing people together for a set purpose.

3. Forecasting - scientific foresight, systematic study of the state, structure, dynamics and prospects of managerial phenomena and processes;

4. Control - (aimed at ensuring the rule of law, discipline).

Special Features characterize the features of a particular subject or object of management (economic, socio-cultural, administrative and political spheres).

Secondary functions contribute to the implementation of general and special functions. These include: strategic and current planning; financing, incentives, staffing, management, diagnostics, etc.

The process of public administration is invariably associated with the functions of the state. Management, as an active manifestation, is itself the main (main) function of the state.

In the theory of state and law, the functions of the state are commonly understood as the main directions of internal and external activities of the state , in which its class and universal essence and social purpose are expressed and concretized. So, under the function, according to the interpretation philosophical dictionary, refers to the role that a certain social institution or process performs in relation to the whole. A function is also a systematic activity, an obligation of someone.

The category "function" in Latin means "execution", "correspondence", "commission", "display". In the functions of the state, its active service role is embodied and revealed as the most important part of the superstructure in relation to its base, a versatile Practical activities within the country and in the international arena. The functions of the state arise and develop in accordance with its historical tasks and goals. The state fulfills its social purpose through the implementation of the functions corresponding to it, which are the stable main directions of its activity.

Answer2 (beginning). The function of public administration is understood as competent, organizing the daily activities of government bodies, aimed at ensuring the goals and solving the problems facing the state at a certain historical stage of its development.

The functions of public administration are manifested in the activities of the public authority system, which ensures the implementation of targeted programs for the social, economic and cultural development of society. The management of public authorities is associated with the management of social processes in all spheres and branches of the social life of society. Management is carried out through the use of various means, methods, methods and techniques of influence of subjects of management on social relations in order to achieve rational results from objects of management.

The classification of the functions of the state can be determined by different criteria. Depending on which area public life- internal or external - certain functions of the state are carried out, the solution of what tasks they serve - domestic or foreign policy - they are divided into internal and external. The internal functions of the state are the activities of the state, implemented through its special power structures (bodies), aimed at meeting internal social needs. For example: protection of the constitutional and social system from internal destructive forces; ensuring the safety of legal entities and individuals from unlawful encroachments and threats of a natural and man-made nature; protection of public order; ensuring the implementation social rights citizens; the function of developing the culture of science and education; educational function, etc. External functions include the activities of the state associated with strengthening the foundations of the state itself, its sovereignty and integrity, maintaining the authority of the state in the international community: defense of the country; ensuring peace and maintaining world order; development of interstate cultural and scientific cooperation, etc.

In turn, we propose to classify the internal and external functions of the state according to the nature of state and social significance as main and auxiliary. The main functions include such activities of the state, which are connected with the vital needs of the social system, without the implementation of which the very existence of a certain type of state is simply impossible. In other words, main functions - these are the most general, most important areas of the state's activity, focused on solving fundamental strategic tasks and achieving the goals that it faces in a certain historical period.

The main functions of the state have a number of common features.

-First of all, they most clearly manifest the class and universal essence of the state, its social purpose and obligations towards its population;

-Secondly, in contrast to the numerous government functions that are usually carried out by specially designated bodies (for example, health care, social Security, higher education, financial activities, diplomacy, foreign trade, etc.), the main functions relate to state-power activities and are performed, albeit to varying degrees, by all or many links of the state apparatus;

third, in terms of their content and structure, the main functions are of a complex, collective nature, i.e. include a number of auxiliary functions and require system analysis. They embody the concentration of the state's efforts on some decisive, general directions of its internal or external activity. The object of influence of the main functions of the state is a wide range of public relations with a certain similarity in some sphere important for the state (for example: conducting foreign policy state, maintaining the constitutional order of the state, etc.). Accordingly, the main functions of the state should be grouped according to the most important areas of state influence.

Thus, the main function of the state should be understood as a legislatively fixed type of state activity, in which the main obligations of the state to the population and the world community are most fully realized, the essence and purpose of a state of a particular type is manifested, and the main strategic goals of the state are resolved. The state has much fewer such functions than auxiliary functions, including such functions as: ensuring internal and external security; socio-economic development of society; development and strengthening of international relations; military-technical cooperation of Russia; ensuring social protection of the population, legislative function; management of state affairs - organizational and coordinating, administrative function. A characteristic feature for such functions is their stable historical constancy. In other words, the main functions represent a stable relationship with the state. Other functions of the state, conditionally, can be called auxiliary, these functions are included in the range of permanent duties of specific state bodies, civil servants and officials (for example: ensuring public safety, protecting public order, licensing activities, passportization of the population, prosecutorial supervision, judicial activities and etc.). The state has much more such functions than the main ones, they are, although secondary, but necessary for the life of the state in nature; in general, they can be called auxiliary, tk. they are carried out in order to ensure the basic functions of the state.

Auxiliary functions of the state are the mediated activities of state bodies aimed at ensuring the implementation of the main functions of the state and meeting the evolving social needs. The number of such functions, under certain living conditions can grow (new species appear) or, on the contrary, be abolished together with the subjects that implement them.

The main functions, including the state function of management, arise and improve simultaneously with the emergence of the state and cease to exist with the cessation of its existence. special attention, in our opinion, requires the state function of management, as the main function of the state, which arose and develops simultaneously with the emergence of the state itself, which is practically given insufficient attention in the scientific and educational literature on administrative law and the theory of state and law. This function is an operational, organizational, coordinating, regulatory activity of the apparatus of state power, carried out with the help of the general public, aimed at regulating the diverse social relations taking place in various spheres of public life.

G.V. Atamanchuk, defining the essence of public administration as a guiding, organizing and regulating influence on social relations, emphasizes the growing importance of such functions as harmonization, coordination and integration on a common legal and organizational basis. The mentioned functions, in our opinion, are of secondary, auxiliary importance. With regard to the concept of "public administration", both the main and auxiliary functions of the state are of particular interest to us.

Three groups, categories are recognized as the functions of public administration: general, providing and special. In turn, the general functions include: organization, coordination, planning, forecasting, information, regulation and control. The supporting functions of public administration should, first of all, include those that do not directly, but indirectly contribute to the achievement of goals and the solution of tasks pursued and set before it (material and technical supply; delivery and distribution of resources; duplication, editorial work; various types of services, training and retraining of personnel, etc.). Special functions of public administration, from our point of view, should be considered: law-making; regulatory and managerial; providing social and legal protection of the rights and freedoms of citizens and civil servants; security (maintenance of public order); operational-executive and administrative-procedural (jurisdictional).

From the functions of the state, some authors distinguish functions of state bodies, that is, the implementation of the competence, rights and obligations of individual bodies in accordance with their place and purpose in the state mechanism and political system society. It seems that this distinction is not fully justified, because is not linked to the content of the concept of "State". The term "state" is a generalized concept, undividedly including such an obligatory element as "organization of public authority" - a system of public authorities, which is a mechanism for the implementation of state functions, without which the state cannot exist, and cannot implement any of its functions.

Normative legal acts do not contain the concept of "state", and in the theory of state and law there are many, sometimes inconsistent concepts. Let us imagine the concept of the state, including in it the obligatory, in our opinion, elements that determine its content, without which the very concept of “state” loses its semantic content.

State( auth.) - a socially organized community of people, called the people, united by the boundaries of a sovereign, territorial-spatial entity, having a single economic, political and legal system and administered by public authorities.

The organization of public, administrative power is a system of special jurisdictional and authorized bodies of the state, which carry out various types of state activities. Any independent activity (functions) that are not peculiar to the state, or not prescribed in the norms of state law, state bodies cannot independently carry out, they are obliged to be strictly guided in their activities by the law applicable to certain social relations. That's why functions of state bodies should not be unequivocally separated from the concept state functions, because they are a factor in ensuring the main purpose of the state . Answer3 (beginning). As we have already noted, it is more expedient to subdivide all state functions into main and auxiliary. For example: lawmaking and control, as types of state activities, no doubt should be attributed to the main functions of the state. In turn, non-lawmaking non-management activities cannot be carried out without a number of auxiliary functions: collection and analysis of the necessary information, planning, programming, organizational decision-making, etc., which are carried out by special bodies created by the legislative and executive authorities of the state to implement their main functions. .

In order for any main function of the state to be implemented, it is necessary to create a management mechanism, in the person of state authorities, i.e. special entities whose activities are aimed at regulating social relations, but this is still not quite enough, it is also necessary to endow these entities (public authorities) with a special legal status and determine their functions, which we call auxiliary providing functions of the state, with the help of which the main functions of the state are realized. For example, in order to implement economic function of the state, it is necessary to create economic institutions in the form of banks, other credit institutions, of a state-owned nature, or to allow the formation of private financial and credit organizations, the creation of which is associated with a number of formalities due to the implementation of the functions of other state bodies (tax authorities, internal affairs authorities, fire supervision authorities etc.) Licensing-registration and licensing activities of the state, carried out by the subjects of executive power, will act here as a secondary function. In other words, without the implementation of auxiliary functions, through public authorities, the state cannot begin to implement its main economic function.

It should be noted here that all the main and auxiliary functions of the state are closely interconnected and interdependent and cannot exist in isolation, because the very purpose of the state as an organization of public power will lose all semantic content. From all that has been said, one should draw an unambiguous conclusion that each of the main functions of the state is provided by a set of auxiliary functions that have a specific sectoral character. Thus, the implementation of the main functions of the state in its content is a continuous process of implementation by individual state bodies of numerous auxiliary functions.

The process of public administration, like all other main functions of the state, includes a number of specific auxiliary functions that it is advisable to call administrative functions, since they also constitute a certain type of activity of individual parts of the public administration system and are established, as a rule, in laws or by-laws. acts: - collection and analysis of information. The issues of collecting and analyzing information are regulated by the Federal Law of February 20, 1995 N 24-FZ “On Information, Informatization and Information Protection”.

Access of individuals and legal entities to state information resources is the basis for exercising public control over the activities of state authorities, local governments, public, political and other organizations, as well as over the state of the economy, ecology and other areas of public life.

Owners of information resources provide users (consumers) with information from information resources. In paragraph 2 of Art. 12 of this Law provides for a list of documents that impose on certain persons the obligation to provide access to information. These documents include: legislation, founding documents organizations, contracts for information support services, etc. Lists of information and information support services, information on the procedure and conditions for access to information resources, in accordance with the specified law, owners of information resources and information systems provided to users free of charge. State authorities and organizations responsible for the formation and use of information resources provide conditions for the prompt and complete provision of documented information to the user in accordance with the obligations established by the charters (regulations) of these bodies and organizations.

The procedure for the accumulation and processing of documented information with limited access, the rules for its protection and the procedure for access to it are determined by the state authorities responsible for certain types and arrays of information, in accordance with their competence, or directly by its owner in accordance with the law;

Many normative legal acts simultaneously contain not one, but several management functions. For example, the Federal Law of July 21, 2005 No. 94-FZ “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs” establishes such functions as:

- forecasting (scientific prediction of changes in the development of any phenomena or processes based on objective data);

- planning (determination of directions, goals of management activities, ways and means of achieving them);

- organization (formation of a management system, streamlining of management relations between the manager and the managed subjects of management);

- coordination and interaction, representing the orientation of management subjects to the most effective achievement the required results, carried out to achieve the overall management objectives;

- the control, over the implementation of certain activities and accounting its results;

- management, (establishment of a mode of activity to achieve the goals and objectives of management in accordance with a given program).

In terms of content, management is reduced to a set of cyclically repeating stages for the implementation of management functions, the so-called management cycle. It can be detailed to varying degrees depending on the objectives of the study, and in terms of content, the management cycle is those management relations that are regulated by the norms of administrative law.

So, the management cycle is a repeating set of successively

ongoing management operations or stages, to the extent and during the implementation of which the subject of management achieves the desired results (intermediate or final).

There is no consensus in the literature about the number of stages of the management cycle.

The control cycle can be represented as follows:

1) identification and understanding of the actual problem of management;

2) formulation of goals and setting tasks;

3) preparation and adoption of management decisions and their legal consolidation;

4) organization of execution of management decisions;

5) correction of the management decision and regulation of the management system.

The principles of legality, publicity, accessibility, etc. are at the heart of the implementation of state-power management functions. In states that implement the principle of legality, the powers of state bodies and other subjects of public authority are regulated by legal norms that consolidate their competence. Honored Scientist, Doctor of Law, Professor D.N.Bakhrakh notes that the effectiveness of the public authorities, its coherence largely depend on the correct definition of the competence of bodies, their structural divisions, officials. The regulation of the exercise of public power by a system of legal norms on competence, the implementation and strict adherence to these norms are the most important conditions for observing the rule of law.

Compliance with the rule of law, as the basic principle related to the activities of the subjects of management, should be at the same time the basic principle of their legal consciousness and legal culture, which we will talk about in the second chapter of our study.

The management process, as a function in the proper sense, always represents a number of certain independent and sequential stages: the study of the object of management activity; determination of means, methods and methods of managerial influence on public relations requiring settlement; development and decision-making; organization of its execution; control over the execution of the decision; analysis and summing up. All the main functions of the state: socio-cultural, socio-political, economic, etc., are implemented only through the function of public administration.

Issues of internal and external organization of management in society find their social and legal resolution in determining the legal status, subject of jurisdiction and competence of a particular governing body.

Distinguish between the functions of public administration and the managerial functions of public authorities. Public administration function- this is the role that the state apparatus performs in order to direct and organize social life, to influence it to achieve its goals. The functions of public administration are closely related to the public functions of the state and reflect the ways of their implementation:

1) the public functions of the state reveal what is its public nature and role;

2) FGUs show how, in what ways, in the process of what relationships with society, the state performs these functions. General in FGU and UFOGV:

1) are the controlling influences of the state 2) have the same purpose - to influence the preservation and development public system to ensure the fulfillment of current state plans.

By subject of influence

FGU implemented all organizational structure government controlled.

UFOGV are carried out directly by this particular body.

In terms of influence

FGU on large spheres, areas, large subsystems.

UFOGV into separate components, links, manifestations of the social system

By means of implementation

FGUs are provided with all the power of the state

UFOGV are provided with the powers and organizational capabilities that are granted to this body

The nature

FGUs reflect the objective relationships of a managed social system

UFOGV are established in the legal status of a state body

Management functions of state bodies - legally expressed control actions of individual state bodies, which they are entitled and obliged to exercise in relation to certain managed objects or control components of any other structures. 1. Depending on the direction and place of influence, internal and external functions are distinguished.

Internal functions personify management within the state management system. Their existence is due to the multi-level and multi-component construction of the state as a subject of management, the relevance of streamlining and activating the actions of its subsystems and links.

External functions management characterize directly the process of influence of state bodies on social processes (managed objects). They contain the meaning, the main purpose of public administration.

The general functions of public administration reflect the essential moments and are present in almost any managerial interaction of its subjects and objects. In management theory, among such most significant functions, the following are distinguished: organization, planning, forecasting, motivation, regulation, control:

1.organization as a function of public administration consists in determining organizational regulations that establish the procedure for management and procedural regulation: regulations, standards, instructions, requirements, responsibilities

2. The function of planning in public administration is expressed in setting goals, determining the resource costs necessary to achieve them, methods and terms, as well as forms and methods of phased control over the activities of the management object, by which the implementation of the planned target is achieved.

3. the function of forecasting in public administration is the development of a reasonable judgment about the future development of society or its options, ways and timing of it up to 4. motivation. The wisdom of the leader here is not so much to form the motives of people's activities, but to know them, catch and coordinate the actions to manage the system in accordance with them.

5. Regulation. The state, through the issuance of laws, by-laws and judicial acts, establishes certain general rules behavior of participants in public relations, i.e. regulates them. This is government regulation broad sense. In a narrow sense, state regulation acts as a function of state administration in specific areas, covering certain aspects of socio-political, economic and spiritual relations. With the help of control, deviations in the controlled system from the specified parameters are detected and measures are taken to bring it into a state of compliance with them.

6)Principles of public administration- these are fundamental, scientifically substantiated and in most cases legislatively fixed provisions on the basis of which the public administration system is built and operates. In the public administration system, the principles act as the main and initial provisions of management activities developed by science and formulated by the state. Deviation from this or that principle can cause serious failures in the entire system.1. The leading principle of management can be considered principle of consistency. 2. Scientific principle lies in the fact that the basis of all managerial actions are scientific approaches and methods.3. The principle of humanism is closely related to the principle of social orientation of management. The essence of the principle of humanism is that in all activities of public authorities, the interests of the person are taken into account. And if a person is socially protected, his rights and freedoms are not violated, then he is active, active and the efficiency of management increases immeasurably. 4. The principle of democracy allows taking into account the interests of citizens and uniting their efforts in achieving the goals of public administration. It should be emphasized that the application of the principle of democracy does not preclude the use of the principle of centralism, because only their unity can save society both from administrative arbitrariness and from chaos and anarchy.5. The principle of legality assumes that public administration in the process of its implementation is strictly based on the current legislation. The significance of laws in the life of society was understood in ancient times. If any legal norm has become a serious obstacle to the achievement of the goals of public administration, it should be in legal order either canceled or changed. 6. The principle of publicity means that citizens should be informed about the goals and objectives of government bodies. 7. Reliability of the public administration system, flexibility and dynamism in crisis situations gives principle of separation of powers. 8. The principle of objectivity involves the knowledge of objectively existing patterns and the creation of a management paradigm taking them into account. Moreover, it is important to measure the set goals with the possibilities of achieving them. For example, it is impossible to set a goal without analyzing the available resource base to achieve it.9. Principle of optimality aims to achieve maximum result at minimal cost. For optimal control, it is necessary: ​​the presence of functional controls corresponding to the controlled object; making managerial decisions based on objective information that adequately reflects the state of the control object; availability of sufficient resource opportunities to solve the tasks; the presence of a well-established feedback mechanism.10. The principle of division of labor- this is the differentiation of labor activity, leading to the vesting of the relevant body or official with certain specific rights and obligations.11. The principle of hierarchy means the responsibility of lower management structures to higher structures, and each employee of the administrative hierarchy is responsible for the area of ​​work entrusted to him and the team subordinate to him.12. Principle optimal combination centralism and decentralization allows, on the one hand, to avoid anarchy, because it determines the limits of the independence of local authorities. Centralism means, first of all, the extension of state administration to the territory of the entire state. Decentralization in public administration is the transfer of competence and authority from the center to the authorities local government and self-government.13. The principle of combining unity of command and collegiality allows to increase the level of responsibility of officials and involve managers of different levels in the development of decisions.

7) State policy is a set of goals and objectives that are practically implemented by the state, and the means used in this. The basis of state policy is made up of unified strategic guidelines, this is its difference from civil society, where there are so many people and their associations, so many interests and ways of presenting them. The state is one and only, embodies the "backbone" and at the same time the form of society. Thus, there cannot be many “state policies” in it. State policy is the optimal synthesis of objective trends in social development and the prevailing subjective judgments of people about their interests in it. In each state, policy is formed under the influence of many circumstances, is a combination of certain factors, sometimes highly opportunistic and highly personalized. But it is also possible to single out general (broad) social criteria by which public policy can be “measured” in a long time interval. From this point of view, the constructiveness of public policy can always be assessed from the angle of how capable it is: to ensure rational and effective use available resource, production, labor and intellectual potentials of the country; to intensify labor aimed directly at ensuring human interests and really affecting the level and quality of satisfaction of human needs; growth of their well-being. In brief, the meaning of the state policy that meets the above criteria is presented as the modernization of material and spiritual production and social conditions the life of the population on the basis of scientific and technological progress, the possibility of a mutually beneficial division of labor with other countries. Any state policy is implemented under certain conditions and with the use of adequate means. When formulating the essence of state policy, it is important to designate the conditions and means that favor it and can be put into practice in practice. In list conditions the following can be singled out: 1. state-legal, consisting in the creation of a coordinated, to a certain extent identical, structural and legal space of the country, allowing maximum use of the existing (available) technologies of economic, social and other activities with their own specialization and cooperation; 2. socio-psychological, including the awareness of new life orientations, avoidance of illusions, expectations of grace coming from nowhere and from everything that does not correspond to the realities of life and does not give rise to the creative energy of people; 3. activity-practical, when decisions are actions and operations, procedures, actions, etc. are performed for the purposes and in line with state policy

The entire system of public administration consists of the constant implementation of certain functions. The term "function" is used to denote the activities of any state bodies, regardless of the purpose of their activities. The concept of a function includes: both a duty, and a range of activities, and a purpose. The management function as a concept is a certain direction of the specialized activity of the executive branch, the content of which is characterized by homogeneity and target orientation.

The nature of management tasks affects the nature of the functions associated with management. The tasks carried out by government bodies are quite diverse. Each action associated with management provides for a specific goal and the use of appropriate methods in order to achieve it. The purpose and essence of management functions are determined by the system of socio-economic, socio-political and other factors that exist in the country.

Management functions are relatively independent and homogeneous parts of the content of management activity, in which the authoritatively organizing influence of the subject of management on the object is expressed.

Thus, the function of public administration can be defined as part of the management activities of the state, carried out on the basis of a law or other legal act, by executive authorities using their inherent methods to perform the tasks of public administration.

The functions of public administration are quite independent and universal. Exist different methods regarding their classification. They are divided into political and technical functions, or functions of general administration and specialized functions, functions of exercising sovereignty (external and internal), economic, social, socio-educational functions, etc.

The most common is the classification of public administration functions into general, special and auxiliary.

General functions have an impact on certain processes occurring in the economic, political, socio-cultural and other spheres. These functions are the main ones that are inherent in any management, regardless of the level and in which industries they are carried out. The general functions of public administration, which are: forecasting, planning, organization, regulation, coordination, accounting, control, are built on the internal foundations of management activities.

Prediction function. The need for forecasting follows from the purpose of public administration, because it must solve both everyday problems and long-term tasks. Forecasting is a scientific foresight, a systematic study of the state, structure, dynamics and prospects of managerial phenomena and processes inherent in the subject and object of management. Forecasting is also due to the nature of the control object, which is characterized by significant dynamism. It is impossible to carry out management activities without having an idea of ​​their future consequences. For this reason, the management system must be predictable. Public administration faces long-term, long-term challenges. Without forecasts, management activities associated with such problems will be carried out in an environment of uncertainty. In the management process, forecasting is used both as a function, and as a principle, and as a management method. Therefore, executive authorities must develop forecasts, manage them, and solve their tasks based on them.

The planning function is found at all levels of the management hierarchy. It consists in determining the goal, directions, tasks, methods for implementing certain actions (social, economic, political, cultural, etc.), developing programs with the support of which the goal is achieved. The way to implement the planning function is as follows: need - tasks - functions - conclusion (goal). The planning method is based on the principles of scientific character, complexity, multivariate solutions, choice of a rational option, normativity, etc.

The function of the organization is associated with the creation of an organizational mechanism, the purpose of which is the formation of a control and managed system, as well as connections and relationships between them. The highlight of the function of the organization compared to others independent functions is that it is a single function that guarantees the interdependence and effectiveness of all other management functions.

Thanks to the control function, the desired position of ordering and stability of the control system is achieved. The regulation mainly covers the current measures for deviations from the tasks and given programs. With the support of regulation, specific control is executed, the behavior of managed objects is regulated. Under the influence of regulation, management processes proceed in the planned direction and in accordance with the goal. The need for operational regulation is due only to the mobility of the management itself. The ability of the management system to independently maintain balance with respect to exciting influences (deviations) is the result of the implementation of the regulatory function.

Coordination as a function ensures the coordination of the activities of control systems. Thanks to coordination, the actions of not only managers within the management level are coordinated, but also the actions of the heads of other management structures.

The accounting function is associated with the collection, transmission, storage and processing of data, registration and grouping of information about the activities of the management system, the availability and cost of resources, etc. Accounting is a prerequisite for control.

The control function has its own personality compared to all other functions. So, if planning sets tasks, the organization brings the management system into the position of the ability to perform this task, then control is characterized by universality. Control is designed to continuously display information about the real state of affairs regarding the execution of tasks.

Control begins with obtaining information about the real state of the managed object and ends with making decisions that provide for the appropriate correction in the control system to achieve the planned goal. Control is based on the principle feedback, which exist in any interaction of subject and object in the control system. Any public management function is interconnected with others.

The reviewed general functions of management are necessary for the implementation of public administration both at the national, and that way at the regional, local, sectoral levels.

Special functions characterize the individuality of a particular subject or object of control. To the main special functions of municipal government, performed on highest level The supreme body in the system of organs of proper government includes:

ensuring the sovereignty and economic independence of the country, the embodiment of the country's domestic and foreign policy;

Special managerial functions are performed by the President of the country as the head of state. There is also a division of functions lower levels state power. Local authorities in the respective area ensure the implementation of such main functions: compliance with the law and the constitution, acts of the head of the country, maintaining law and order; the embodiment of the rights and freedoms of people; implementation of state and regional programs of socio-economic and cultural development; protection programs environment; interaction with local governments; the implementation of other opportunities provided by the state, as well as delegated by the appropriate councils. The list of the main special functions of the executive power shows that they are countless and different, but at the same time interconnected as tasks that are solved by the governing bodies. Comparison of general functions with special ones leads to the conclusion that the first ones are connected with the actions of public administration, that is, they appear in all interactions of the corresponding ruling and managed systems. The content of special functions does not represent general patterns, but the individuality of the interaction of specific subjects and objects of state administration.

Special functions can be grouped by types of tasks (especially at the highest level): these are the selection of employees and their setting, budget problems, achieving long-term goals and overcoming crisis situations. In particular, great importance in the activities of the executive power is given to the adoption and implementation of long-term goals, while personnel and economic policy belongs to the category of methods, but not goals. Such an orientation of the activities of the executive power as overcoming crisis situations is special. This refers to all kinds of crises - national or local, from a natural disaster (earthquake, flood), difficulties and actions that have every chance of disrupting public order, public safety.