Basic functions of public administration. Concept, features, functions, principles of public administration
Goals government controlled are implemented through a system of functions. If goals and objectives are focused on the final result of the activity of the subject of management, then the function is on the process of achieving the goal and solving problems. The essence of public administration functions is determined by the role played by the management system as a whole or its individual elements to achieve its goals.
The state, as a universal organization of society and a subject of governance, expresses the interests of all citizens. Its essence is revealed and realized in interaction with society, outside of which it loses all meaning, therefore the functions of the state are of a public nature.
Function (lat. functio - departure, activity) is a real, purposeful impact on the controlled object.
The functions of the state reflect the main directions of its activities, express the essence and purpose of state management of public affairs.
The functions of public administration can be grouped according to certain criteria, highlighting general and special functions, internal and external, etc., representing the main directions of the state’s activities.
TO internal functions relate:
· economic– protection and regulation of the economic system, development of strategy and tactics economic development countries, implementation of economic policy;
· political– regulation of relations between social groups and harmonization of their interests, ensuring the value and safety of the society, the form of which is the given state;
· social– provision social development society, definition social policy, ensuring normal living conditions for the entire society, regulating relations between citizens regarding their place in society, social protection of low-income segments of the population, etc.;
· regulatory– adoption of legal documents regulating all public life;
· environmental– regulation of people’s activities in the field of use and protection of the environment.
External functions– these are the main directions of the state’s activities in the international arena: protecting the state from external threat and military aggression, diplomatic, foreign economic, foreign policy, cooperation in solving global problems modernity, maintaining general norms international law etc.
The functions of public administration by their nature can be divided into political And administrative. It is very important that both are clearly reflected in the regulatory documents about a specific government body.
Performance political functions means that government bodies have the right to issue normative legal acts in the legal sphere. Government agency may issue regulations, but they are binding only for those citizens (individuals and legal entities) and if they are users of the services of this institution, its clients. Political functions are not continuous.
Administrative functions unlike political ones, they are continuous in execution, and their essence is to ensure the execution of laws, rules, norms of order and the provision of public services to legal entities and individuals. Here we can talk about a certain automatism in taking administrative measures, for example, to suppress offenses. This is how the legal character of the state is ensured.
Any type of management activity involves the implementation universal management functions, which are implemented in all types of management activities and at all stages of the management process - this is goal setting, decision making, and organizing their implementation. Specific requiring professional management qualifications are qualifying management functions. These include : planning, forecasting, motivation, organization, regulation, coordination, control.
Forecasting and planning- the main link of the entire management system. Forecasting is foreseeing the prospects for the development of an object and the consequences of its transformations for the entire society or a specific organization. Planning is a process of making management decision, including a clear statement of the goal in relation to a specific management object, as well as the means, methods and resources to achieve it. Forecasting and planning determine the development prospects and future state of both the object and the subject of management. In other words, this is setting goals that determine the development prospects and future state of managed objects and processes, as well as ways to achieve the intended goals. The goals and objectives defined in the plan must be linked to material, financial and human resources.
Organization. The main task of this function is to form a control and managed system, establish specific parameters, the operating mode of the units of the object and the subject of management, the relationships between them, including:
· degree of centralization and decentralization of management;
· division and cooperation of labor in the facility and management apparatus;
· levels of organization of workplaces and working conditions;
· qualifications of workers;
· regulation and stimulation of the work of departments and each employee.
This function acts as a type of activity that is aimed at developing and approving management schemes and structures, job descriptions, regulations, other regulatory documents.
Coordination ensures consistency of operation of all parts of the management system. Thanks to coordination, the unity of relations between the managed and control systems, the structures of the object and the subject of management is established.
Regulation – this is the purposeful activity of the relevant government agencies, which, through a system of various forms and methods, ensure the achievement of the set goal and the solution of the most important tasks of the corresponding stage of the country’s development, regulate relations in society. Regulation in a broad sense consists of issuing laws, regulations and judicial acts establishing general rules for all subjects of social relations. In a narrow sense, regulation is a function of public administration in a certain area public life. In the socio-economic sphere, the state regulates relations through the state budget, state orders for goods and services, taxes, customs tariffs, duties, republican target programs, pricing policies, etc. For example, by applying bankruptcy procedures, the state implements its regulatory influence.
State regulation creates relationships of orderliness and stability of the socio-economic system and, in case of deviation from the given parameters, puts all its elements into action.
Control– this is the process of identifying deviations from the stipulated values and adjusting management influences. It is designed to provide feedback from management objects to the management apparatus in order to evaluate and provide information on the implementation of management decisions. Control must meet the requirements: efficiency, transparency, objectivity, expediency. Control is exercised by various government bodies: parliament, government, ministries, courts (including the constitutional one), and state control bodies.
Motivation as a management function is more often considered in relation to local systems. For a manager, the main thing is to grasp and understand the motives of people’s activities in order to take them into account when leading.
Specific functions public administration find their manifestation in specific situations where it is necessary to act only on behalf of the state - this is law enforcement, elections and referendums, population censuses, licensing of activities, regulation of special legal regimes(introduction of presidential rule, state of emergency, free economic zones) and others.
The development of the state, the influence on the activities of government bodies of processes and trends on a global scale (globalization, decentralization, etc.), new technologies, etc. determine the possibility of the emergence of other functions, goals and objectives facing public administration.
Today, despite the variety of goals and functions of public administration, in general they lie in the area of the following problems:
· ensuring the independence of the state in connection with external dangers and threats;
· protection of the rights and freedoms of citizens;
· ensuring public order and harmony within the country;
· promoting the general welfare.
It should be noted that the implementation of certain functions may entail the need to form others, for example, ensuring the general availability of minimum social guarantees to the population requires state regulation of prices for socially significant goods and services. Based on this, it is no longer possible to unambiguously classify the functions of the state as economic, social, political, cultural, environmental, etc., or internal and external, since they are largely interconnected and interdependent and here it is more expedient to highlight the target orientation of the function, namely for To counteract what threats this state activity is undertaken.
The “threat-function” approach can also be used as an argument for strengthening or weakening certain functions of the state in determining the historical, socio-economic and political conditions of development. As the security of society and the state becomes more and more dependent on the growth of a certain threat, the function of the state aimed at containing it also strengthens. This thesis can be illustrated by the example of the current increasing environmental threat both at the global and national levels. Ecological problems began to be perceived especially acutely in the world at the end of the last century, and in response to this, most states of the world began to highlight a specific environmental function of the state, aimed at preventing and overcoming the consequences environmental disasters and introduction of principles of effective environmental management.
As for the prospects of using “threat-function” approaches in relation to the study of modern administrative and managerial practice in the Republic of Belarus, with their help it is possible to identify a number of problematic aspects of the construction and functioning of the public administration system economic sphere country and thereby determine the directions for its optimization.
The goals of public administration are realized through a system of functions. If goals and objectives are focused on the final result of the activity of the subject of management, then the function is on the process of achieving goals and solving problems. The essence of public administration functions is determined by the role played by the management system as a whole or its individual elements to achieve its goals.
The state, as a universal organization of society and a subject of governance, expresses the interests of all citizens. Its essence is revealed and realized in interaction with society, outside of which it loses all meaning, therefore the functions of the state are of a public nature.
Function (lat. functio - departure, activity) is a real, purposeful impact on the controlled object.
The functions of the state reflect the main directions of its activities, express the essence and purpose of state management of public affairs.
The functions of public administration can be grouped according to certain criteria, highlighting general and special functions, internal and external, etc., representing the main directions of the state’s activities.
Internal functions include:
economic - protection and regulation of the economic system, development of strategy and tactics for the country's economic development, implementation of economic policy;
political - regulation of relations between social groups and harmonization of their interests, ensuring the value and safety of the society, the form of which is the given state;
social - ensuring the social development of society, determining social policy, ensuring normal living conditions for the entire society, regulating relations between citizens regarding their place in society, social protection of low-income segments of the population, etc.;
normative and legal - the adoption of normative and legal documents regulating all public life;
environmental - regulation of human activities in the field of use and protection of the environment.
External functions are the main directions of the state’s activities in the international arena: protecting the state from external threats and military aggression, diplomatic, foreign economic, foreign policy, cooperation in solving global problems of our time, maintaining general norms of international law, etc.
The functions of public administration by their nature can be divided into political and administrative. It is very important that both are clearly reflected in the regulatory documents about a specific government body.
Performing political functions means that government bodies have the right to issue regulations in the legal sphere. A government agency may issue regulations, but they are binding only for those citizens (individuals and legal entities) and if they are users of the services of this institution, its clients. Political functions are not continuous.
Administrative functions, unlike political ones, are continuous in execution, and their essence is to ensure the implementation of laws, rules, norms of order and the provision of public services to legal entities and individuals. Here we can talk about a certain automatism in taking administrative measures, for example, to suppress offenses. This is how the legal character of the state is ensured.
Any type of management activity involves the implementation of universal management functions, which are implemented in all types of management activities and at all stages of the management process - this is goal setting, decision making, and organizing their implementation. Qualification and management functions are specific and require professional management qualifications. These include: planning, forecasting, motivation, organization, regulation, coordination, control.
Forecasting and planning are the main link of the entire management system. Forecasting is foreseeing the prospects for the development of an object and the consequences of its transformations for the entire society or a specific organization. Planning is a process of making a management decision, including a clear setting of a goal in relation to a specific management object, as well as the means, methods and resources to achieve it. Forecasting and planning determine the development prospects and future state of both the object and the subject of management. In other words, this is the setting of goals that determine the development prospects and future state of managed objects and processes, as well as ways to achieve the intended goals. The goals and objectives defined in the plan must be linked to material, financial and human resources.
Organization. The main task of this function is to form a control and managed system, establish specific parameters, the operating mode of the units of the object and the subject of management, the relationships between them, including:
degree of centralization and decentralization of management;
division and cooperation of labor in the facility and management apparatus;
levels of organization of workplaces and working conditions;
qualifications of workers;
regulation and stimulation of the work of departments and each employee.
This function acts as a type of activity that is aimed at developing and approving management schemes and structures, job descriptions, regulations, and other regulatory documents.
Coordination ensures the consistency of the work of all parts of the management system. Thanks to coordination, the unity of relations between the managed and control systems, the structures of the object and the subject of management is established.
Regulation is purposeful activity relevant government bodies, which, through a system of various forms and methods, ensure the achievement of the set goal and the solution of the most important tasks of the corresponding stage of the country’s development, regulate relations in society. Regulation in a broad sense consists of issuing laws, regulations and judicial acts that establish general rules for all subjects of social relations. In a narrow sense, regulation is a function of public administration in a certain area of public life. In the socio-economic sphere, the state regulates relations through the state budget, state orders for goods and services, taxes, customs tariffs, duties, republican target programs, pricing policy, etc. For example, by applying bankruptcy procedures, the state implements its regulatory influence.
State regulation creates relationships of orderliness and stability of the socio-economic system and, in case of deviation from the given parameters, puts all its elements into action.
Control is the process of identifying deviations from the prescribed values and adjusting management influences. It is designed to provide feedback from management objects to the management apparatus in order to evaluate and provide information on the implementation of management decisions. Control must meet the requirements: efficiency, transparency, objectivity, expediency. Control is exercised by various government bodies: parliament, government, ministries, courts (including the constitutional one), and state control bodies.
Motivation as a management function is more often considered in relation to local systems. For a manager, the main thing is to grasp and understand the motives of people’s activities in order to take them into account when leading.
The specific functions of public administration find their manifestation in specific situations where it is necessary to act only on behalf of the state - these are law enforcement, elections and referendums, population censuses, licensing of activities, regulation of special legal regimes (introduction of presidential rule, states of emergency, free economic zones) and others.
Development of the state, influence on the activities of government bodies of global processes and trends (globalization, decentralization, etc.), new technologies, etc. determine the possibility of the emergence of other functions, goals and objectives facing public administration.
Today, despite the variety of goals and functions of public administration, in general they lie in the area of the following problems:
ensuring the independence of the state in connection with external dangers and threats;
protection of the rights and freedoms of citizens;
ensuring public order and harmony within the country;
promoting the general welfare.
It should be noted that the implementation of certain functions may entail the need to form others, for example, ensuring the general availability of minimum social guarantees to the population requires state regulation of prices for socially significant goods and services. Based on this, it is no longer possible to unambiguously classify the functions of the state as economic, social, political, cultural, environmental, etc., or internal and external, since they are largely interconnected and interdependent and here it is more expedient to highlight the target orientation of the function, namely for To counteract what threats this state activity is undertaken.
The “threat-function” approach can also be used as an argument for strengthening or weakening certain functions of the state in determining the historical, socio-economic and political conditions of development. As the security of society and the state becomes more and more dependent on the growth of a certain threat, the function of the state aimed at containing it also strengthens. This thesis can be illustrated by the example of the current increasing environmental threat both at the global and national levels. Environmental problems began to be perceived especially acutely in the world at the end of the last century, and in response to this, most states of the world began to highlight a specific environmental function of the state, aimed at preventing and overcoming the consequences of environmental disasters and introducing the principles of effective environmental management.
As for the prospects of using “threat-function” approaches in relation to the study of modern administrative and managerial practice in the Republic of Belarus, with their help it is possible to identify a number of problematic aspects of the construction and functioning of the system of public management of the country’s economic sphere and thereby determine the directions for its optimization.
There are functions of public administration and management functions of public authorities. Function of public administration- this is the role played by the state apparatus in order to direct and organize social life and influence it to achieve its goals. The functions of public administration are closely related to the social functions of the state and reflect the ways of their implementation:
1) the social functions of the state reveal what its social nature and role are;
2) Federal state institutions show how, in what ways, in the process of what relationships with society the state carries out 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 of the social system, to ensure the fulfillment of current state plans.
By subject of influence
FGUs are carried out by all the organizational structure of public administration.
UFOGV are carried out directly by this specific body.
By volume of influence
FGU for large spheres, regions, large subsystems.
UFOGV into individual components, links, manifestations of the social system
By means of implementation
Federal State Institutions are provided with the entire power of the state
DFOGV is provided with the powers and organizational capabilities that are granted to this body
The nature
Federal state institutions reflect the objective relationships of the managed social system
UFOGV are established in the legal status of a state body
Management functions of state bodies are legally expressed control actions of individual state bodies, which they have the right and obligation 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 represent 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 intensifying the actions of its subsystems and links.
External management functions directly characterize the process of influence of government bodies on social processes (managed objects). They contain the meaning, the main purpose of public administration.
The general functions of public administration reflect essential aspects and are present in almost any management interaction of its subjects and objects. In management theory, the most significant functions include the following: organization, planning, forecasting, motivation, regulation, control:
1.organization as a function of public administration consists in determining organizational provisions that establish the order of management and procedural regulation: regulations, standards, instructions, requirements, responsibilities
2. the planning function in public administration is expressed in setting goals, determining the resource costs necessary to achieve them, methods and deadlines, as well as forms and methods of stage-by-stage control over the activities of the management object, through whose efforts the implementation of the planned target is achieved.
3. the function of forecasting in public administration is the development of an informed judgment about the future development of society or its options, paths and timing to 4. motivation. The wisdom of a leader here lies not so much in forming the motives of people’s activities, but in cognizing them, grasping them and to take actions to manage the system in accordance with them.
5.Regulation. The state, by issuing laws, regulations and judicial acts, establishes certain general rules of conduct for participants in public relations, i.e. regulates them normatively. This - government regulation in a broad sense. In a narrow sense, state regulation acts as a function of public administration in specific areas, covering certain aspects of socio-political, economic and spiritual relations. With the help of control, deviations in the managed system from the specified parameters are identified and measures are taken to bring it into compliance with them.
6)Principles of Public Administration- these are fundamental, scientifically substantiated and, in most cases, legislative provisions on the basis of which the public administration system is built and functions. In the public administration system, principles act as the basic and initial provisions of management activities, developed by science and formulated by the state. Deviation from one or another principle can cause serious disruptions in the entire system.1. The leading principle of management can be considered principle of consistency. 2. Scientific principle is that all management actions are based on 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 government bodies the interests of people are taken into account. And if a person is socially protected, his rights and freedoms are not violated, then he is active, productive, and the efficiency of management increases immeasurably. 4. The principle of democracy allows you to take into account the interests of citizens and combine their efforts in achieving the goals of public administration. It should be emphasized that the application of the principle of democracy does not exclude the use of the principle of centralism, for only their unity can protect society both from administrative arbitrariness and from chaos and anarchy.5. Principle of legality assumes that public administration in the process of its implementation is strictly based on current legislation. The importance of laws in the life of society was understood in ancient times. If any legal norm has become a serious obstacle to achieving the goals of public administration, it must be in legally either canceled or changed. 6. The principle of publicity means that citizens must 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. Principle of objectivity involves knowledge of objectively existing patterns and the creation of a management paradigm taking them into account. Moreover, it is important to compare the goals set with the possibilities of achieving them. For example, you cannot set a goal without analyzing the available resource base to achieve it.9. Optimality principle aimed at achieving maximum results at minimum costs. For optimal control it is necessary: the presence of controls that are functionally appropriate to the controlled object; making management decisions based on objective information that adequately reflects the state of the management object; availability of sufficient resource opportunities to solve assigned problems; the presence of a well-functioning feedback mechanism.10. The principle of division of labor is differentiation labor activity, leading to the vesting of the relevant body or official with certain specific rights and responsibilities.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 independence of local authorities. Centralism means, first of all, the extension of public administration to the territory of the entire state. Decentralization in public administration is the transfer of competence and powers from the center to local government and self-government bodies.13. The principle of combining unity of command and collegiality allows you to increase the level of responsibility of officials and involve managers at different levels in the development of decisions.
7) State policy is a set of goals and objectives practically implemented by the state, and the means used for this. The basis of state policy is made up of common 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, personifying the “backbone” and at the same time the form of society. Thus, there cannot be many “state policies” in it. State policy is an 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 confluence of certain factors, sometimes very opportunistic and very personalized. But we can also distinguish general (broad) social criteria, by which public policy can be “measured” over 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 efficient use available resource, production, labor and intellectual potential of the country; intensify work aimed directly at ensuring human interests and really influencing the level and quality of satisfaction of human needs; change conditions, productivity and social performance labor and, therefore, attract people and create factors for the growth of their well-being. In brief, the meaning of state policy that meets the above criteria is presented as the modernization of material and spiritual production and social living conditions of the population on the basis of scientific and technological progress, the possibilities of a mutually beneficial division of labor with other countries. Any government policy can be implemented under certain conditions and using adequate means. When formulating the essence of state policy, it is important to designate the conditions and means that are favorable to it and can be practically put into effect. Among conditions The following can be distinguished: 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 its own specialization and cooperation; 2. socio-psychological, including awareness of new life guidelines, moving away from 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 carried out in accordance with the goals and mainstream of state policy
The process of public administration is invariably associated with the functions of the state. Management, as an active manifestation, itself represents the main (main) function of the state.
In the theory of state and law, the functions of the state are usually understood as main directions of internal and external activities states , in which its class and universal essence and social purpose are expressed and concretized. Thus, a function, according to the interpretation of the philosophical dictionary, is understood as the role played by a certain social institution or process in relation to the whole. A function is also a systematic activity, the responsibility of someone.
Category "function" in Latin stands for "execution", "conformity", "commitment", "display". The functions of the state embodies and reveals its active service role as the most important part of the superstructure in relation to its base, and implements diverse 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 functions corresponding to it, which represent the steadily established main directions of its activities
Answer2 (beginning). The function of public administration is understood as competent, organizing the daily activities of government bodies, aimed at achieving the goals and solving 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, ensuring the implementation of targeted programs of social, economic and cultural development society. Management of public authorities is associated with the management of social processes in all areas and industries social life society. Management is carried out through the use various means, methods, methods and techniques of influence of management subjects on social relations in order to achieve rational results from management objects.
The classification of state functions can be determined according to various criteria. Depending on in which sphere of social life - internal or external - certain functions of the state are carried out, and 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 satisfying internal social needs. For example: protection of the constitutional and social order from internal destructive forces; ensuring the security of legal and individuals from illegal attacks and threats of a natural and man-made nature; public order protection; ensuring the implementation of social rights of citizens; function of developing a culture of science and education; educational function, etc. External functions include the activities of the state related to 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, 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 basic And auxiliary. The main functions include those activities of the state that are associated with the vital needs of the social system, without 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 state activity, focused on solving fundamental strategic tasks and achieving the goals set before it in a certain historical period.
The main functions of the state have a number of common features.
-Firstly, they most clearly reveal the class and universal essence of the state, its social purpose and obligations towards its population;
-Secondly, in contrast to numerous government functions, which are usually carried out by bodies specially designed for this purpose (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 parts of the state apparatus;
Thirdly, from the point of view of their content and structure, the main functions are complex, collective in nature, i.e. include a number of auxiliary functions and require system analysis. They embody the concentration of the state’s efforts on any decisive, general directions of its internal or external activities. The object of influence of the main functions of the state is a wide range of social relations with a certain similarity in some important area for the state (for example: conducting foreign policy state, maintaining the constitutional system 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 established 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 the state is revealed specific type, and the main strategic goals of the state are resolved. The state has significantly fewer such functions than auxiliary functions, including such functions as: ensuring internal and external security; socio-economic development of society; development and strengthening international relations; military-technical cooperation of Russia; provision social protection population, legislative function; management of state affairs - organizational, coordination, administrative function. A characteristic feature of such functions is their stable historical constancy. In other words, the main functions represent a stable connection with the state. Other functions of the state can be conditionally called auxiliary; these functions are included in the permanent responsibilities of specific government bodies, civil servants and officials (for example: ensuring public safety, maintaining public order, licensing activities, certification of the population, prosecutorial supervision, judicial activities and etc.). The state has much more such functions than the main ones; although they are of a secondary nature, they are necessary for the functioning of the state; in general, they can be called auxiliary, because they are carried out in order to ensure the basic functions of the state.
Auxiliary functions of the state represent the indirect activities of government bodies aimed at ensuring the implementation of the basic functions of the state and satisfying developing social needs. The number of such functions, under certain living conditions, can increase (new types appear) or, on the contrary, be abolished along with the subjects performing them.
Basic functions, including the state management function, arise and improve simultaneously with the emergence of the state and cease to exist with the cessation of its existence. In our opinion, the state management function requires special attention, as the main function of the state, which arose and developed simultaneously with the emergence of the state itself, which practically receives insufficient attention in scientific and educational literature in administrative law and theory of state and law. This function represents the operational, organizational, coordination, and regulatory activities of the government apparatus, carried out with the help of broad sections of the public, aimed at regulating the diverse social relations occurring in various spheres of public life.
G.V. Atamanchuk, defining the essence of public administration as a directing, organizing and regulating influence on social relations, emphasizes the increasing importance of functions such as coordination, coordination and integration on a common legal and organizational basis. The noted functions, in our opinion, are of secondary, auxiliary importance. In relation to the concept of “public administration”, both the main and auxiliary functions of the state are of particular interest to us.
The functions of public administration are recognized in three groups, categories: general, supporting and special. In turn, to general functions include: organization, coordination, planning, forecasting, information, regulation and control. The supporting functions of public administration should, first of all, include those that 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; different kinds service; training and retraining of personnel, etc.). From our point of view, the special functions of public administration should be considered: law-making; regulatory and management; ensuring social and legal protection of the rights and freedoms of citizens and civil servants; security (maintaining public order); operational-executive and administrative-procedural (jurisdictional).
Among the functions of the state, some authors highlight functions of state bodies, that is, the implementation of the competence, rights and responsibilities 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 entirely justified, because does not correspond to the content of the concept “State”. The term “state” is a generalized concept that completely includes such a mandatory element as “organization of public authority” - a system of public authorities, which is a mechanism for implementing 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 allow ourselves to 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( auto) – 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 governed 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 government activities. State bodies cannot carry out any independent activities (functions) that are not specific to the state or are not prescribed in the norms of state law; they are obliged to strictly follow in their activities the law applicable to certain social relations. That is why functions of state bodies should not be clearly separated from the concept functions of the state, 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 divide all government functions into main and auxiliary. For example: lawmaking And control, as types of state activities, without a doubt should be classified as the main functions of the state. In turn, non-lawmaking non-administrative activities cannot be carried out without a number of auxiliary functions: collection and analysis of necessary information, planning, programming, making organizational decisions, etc., which are carried out by special bodies created by the legislative and executive powers of the state to implement their main functions .
In order for any basic function of the state to be implemented, it is necessary to create a management mechanism represented by state authorities, i.e. special subjects whose activities are aimed at regulating social relations, but this is not quite enough; it is also necessary to endow these subjects (public authorities) with a special legal status and define 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 state, it is necessary to create economic institutions in the form of banks, other credit institutions, of a purely state 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 bodies, fire safety authorities etc.) A secondary function here will be the licensing, registration and permitting activities of the state, carried out by subjects of the executive branch. In other words, without implementing 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 have a close relationship and interdependence 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 of a specific sectoral nature. 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, which it is advisable to call management 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. Issues of collecting and analyzing information are regulated by Federal Law No. 24-FZ of February 20, 1995 “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 spheres 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 a list of documents that impose on certain persons the obligation to ensure access to information. Such documents include: legislation, constituent documents organizations, contracts for information support services, etc. Lists of information and services for information support, information on the procedure and conditions for access to information resources, in accordance with the specified law, owners of information resources and information systems are 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 responsibilities established by the charters (regulations) of these bodies and organizations.
The procedure for accumulating and processing documented information with limited access, the rules for its protection and the procedure for accessing it are determined by government bodies responsible for certain types and amounts of information, in accordance with their competence or directly by its owner in accordance with the law;
Many regulatory legal acts simultaneously contain not one, but several management functions. For example, Federal Law dated 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”, the following functions are established:
- 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 towards the most effective achievement of the required results carried out to achieve general management goals;
- control, over the implementation of certain activities and accounting its results;
- stewardship, (establishing a mode of activity to achieve management goals and objectives 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, which are regulated by administrative law.
So, the management cycle is a repeating set of successively
ongoing management operations or stages, as 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 in the following form:
1) identifying and understanding the current management problem;
2) formulating goals and setting tasks;
3) preparation and adoption of management decisions and their legal consolidation;
4) organization of execution of management decisions;
5) adjusting management decisions and regulating the management system.
The implementation of state-authoritative functions of management is based on the principles of legality, transparency, accessibility, etc. 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 establish their competence. Honored Scientist, Doctor legal sciences, Professor D.N. Bakhrakh notes that the effectiveness of the activities of the public authority apparatus and its coherence largely depend on the correct definition of the competence of bodies, their structural divisions, and officials. Regulation of the exercise of public power by the system legal norms about competence, implementation and strict adherence to these standards - the most important conditions compliance with the law.
Compliance with the rule of law, as a basic principle related to the activities of management subjects, should at the same time be the basic principle of their legal consciousness and legal culture, which we will talk about in the second chapter of our study.
Management process as a function in in its own sense, always represents a series of specific independent and sequential stages: study of the object of management activity; determination of means, methods and methods of managerial influence on social relations requiring regulation; 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 management organization in society find their socio-legal resolution in determining the legal status, subject matter and competence of a specific management body.
4. Functions of public administration
The problem of management functions makes it possible to create an optimal structure and management system, to determine the objective needs of management bodies for various materials and means.
The management function is the specific direction of the manager (organizing, regulating, controlling, etc.) of the influence of public administration on the object of management. Management functions have specific content and are carried out using specific methods and forms of management (for example, coercive mechanisms, issuance of legal acts of management, subordinating influence). Along with the functions of public administration, the functions of public administration bodies are distinguished (i.e., their control influence on objects), as well as the management functions of all state bodies (i.e., bodies of representative and judicial authorities). These functions have a number of similar characteristics (for example, the subject and object of control). One of the important issues is the legal establishment of public administration functions in the functions of public administration bodies, i.e. 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).
In the very general view the functions of the state and its bodies are the main directions of the state’s activities, ensuring its social well-being, guaranteeing the realization of the rights and freedoms of man and citizen, stable and effective management of the state and society.
The functions of public administration are determined by objective laws. The content of each function is predetermined by the goals and specifics of the public administration object facing the state and public administration and includes a specific direction of the organizational and legal influence of the public administration body on specific management objects.
The main functions of public administration are universal, typical, specially focused types of interaction between subjects and objects of management, characteristic of all management relations, ensuring the achievement of consistency and orderliness in the field of public administration.
The main functions of public administration include the following.
1. Information support for the activities of government bodies, i.e. collection, receipt, processing, analysis of information necessary for the implementation of government (administrative) activities. In theory, this is called management information support.
2. Forecasting and modeling the development of the public administration system, government bodies, public administration standards. Forecasting is the anticipation of changes in the development and result of any events or processes in the system of government activities, in government bodies based on the data obtained, professional experience and practice, and achievements of scientific and theoretical analysis. Forecasting is a necessary tool in making the most important management decisions; without it it is impossible to determine the consequences of social processes, the future state of society as a whole, the mobility and efficiency of government agencies.
3. Planning is the determination of directions, proportions, rates, quantitative and qualitative indicators of the development of certain processes in the public administration system and, in particular, the implementation of government functions (economic, socio-cultural, military, defense, fight against organized crime and corruption in the public service system, etc.). In addition, this is the development of goals, objectives and directions for the development and reform of government activities and public administration. In the process of implementing the planning function, programs are created to develop relations in various sectors and areas of government (federal, regional and comprehensive programs), as well as programs to change and improve the activities of the government body and its structure.
4. Organization is the formation of a public administration system based on established principles and approaches, determining the structure of the management and managed systems in public administration. Organization in the narrow sense is the streamlining of the structure of state bodies, staff, personnel, and government processes. Organizing activities include actions and decisions ultimate goal which is to ensure the proper functioning of government bodies.
5. Management, i.e. operational regulation of management relations arising from the exercise of powers of state bodies and official responsibilities, ensuring the regime of proper government activities in the form of adoption of administrative acts (legal acts of management: orders, directives, instructions, instructions, rules, guidelines etc.). Direction in the narrow sense is the giving of current instructions by leading civil servants (officials).
6. Management is the establishment of rules and standards for the activities and individual actions of government bodies (civil servants, officials), managed objects; general management is the determination of the content of government activities (for example, management).
7. Coordination is the coordination of the activities of various government bodies to achieve common goals and objectives of public administration. Coordination is the formation of an “ensemble” of management activities of autonomous administrative centers and ensuring its harmonious functioning. If, for example, there are several independent organizational systems, each of which has its own sphere of activity, goals, objectives and methods of performing functions, and it is necessary to solve the problem of combining the efforts of various management bodies, then in this case it is possible to create a management body vested with coordinating powers (in Currently, the coordinating bodies are mainly state committees of the Russian Federation, some federal ministries and other executive authorities that implement regulatory functions, intersectoral coordination and control and supervisory functions).
8. Control is the establishment of compliance or non-compliance of the actual state of the public administration system and its structure with the required standard and level, the study and assessment of the results of the general functioning of government bodies, as well as specific actions of management subjects; establishing the relationship between what is planned and what has been done in the public administration system. Control is monitoring the quality of management activities, identifying errors in management and the degree of compliance of management actions and administrative acts with the principles of legality and expediency. In certain areas of government activity, public authorities are constantly strengthening control over the performance of certain actions. Control must be consistent, reasonable, justified, transparent, objective, legal and prompt. One type of control is supervision1, which is carried out, as a rule, only to determine the compliance with the legality of the activities (actions, decisions).
9. Regulation - the use of management methods and techniques in the process of organizing the public administration system and its functioning. Regulation is the establishment of generally binding requirements and procedures for objects of management and various subjects of law in order to ensure public order, security, equality of participants in economic relations, the foundations of democratic competition, and the rights and freedoms of citizens.
The full list of areas for implementing the function of state regulation is quite large; We will indicate only a few of them: defining the rules of behavior and action in a specific area through a normative legal act; establishing specific management procedures (certification, licensing, taxation, registration, etc.); establishing a mechanism for monitoring the required actions, i.e., carrying out control and coordination activities, implementing 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 specific area of management activity; economic and legal regulation of the development of specific industries; governmental support and protection of Russian developers, manufacturers and consumers; monitoring compliance with statutory requirements and provisions; 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 areas of public administration, state leadership and management is impossible, and it is not advisable, to replace state regulation. For example, the management of internal affairs, foreign affairs, and justice is subject to a regime of centralized direct control. At the same time, in the branches of industrial management and economic construction, the mechanism of state regulation has long been used in practice, since it largely contributes to the creation of favorable economic, organizational and legal conditions for the functioning of enterprises, commercial and non-profit organizations. State regulation denies 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, and government 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 scope of activity of these bodies and officials includes issues of taxation, customs activities, ensuring the sanitary and epidemiological well-being of the population, the fight for environmental cleanliness, standardization and certification, veterinary medicine, etc.
10. Accounting is the recording of information, expressed in quantitative form, about the movement of material resources of public administration, about the results of the implementation of management relations, the powers of government bodies, government management decisions, about the availability and movement of documents that are important for public administration as a whole; this is the recording in quantitative terms of all factors influencing the organization and functioning of public administration. Accounting is intended to determine the available quantity of any items, documents, facts; The accounting system, as a rule, includes governing 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.