Management as a social phenomenon administrative law. I
The manual is based on the State Educational Standard of Higher Professional Education and orients students towards the development of a standard program of knowledge on this subject. academic discipline, for execution state requirements to a minimum of the content and level of training of a lawyer.
It gives a general orientation in the study of this academic discipline.
Course topics
1. Subject, tasks and system of the course.
2. Public administration: essence and place in the system of social administration.
3. Administrative and administrative procedural law - branches of Russian law.
4. Science of administrative law.
5. Subjects of administrative law.
6. public service as an institution of administrative law.
7. Shapes management activities.
8. Methods of public administration.
9. Ensuring the rule of law in public administration.
10. Administrative responsibility.
11. Administrative offenses encroaching on public order and public safety.
12. Administrative offenses that encroach on the institutions of state power: legislative, judicial, executive and other.
13. Administrative offenses in the field of entrepreneurial activity.
14. Administrative offenses in transport, in the region traffic, communications and information
15. Administrative offenses infringing on the rights of citizens, health and public morality.
16. Administrative process and administrative proceedings. Proceedings on cases of administrative offenses.
17. Public administration and administrative-legal regulation of relations in the economic sphere.
18. State regulation managerial relations in the socio-cultural sphere.
19. State regulation of managerial relations in the administrative and political sphere.
20. Fundamentals of intersectoral management.
basic concepts of administrative law
and explanations of the most difficult questions
Theme 2. Public administration: essence
and place in the system of social management
QUESTION 1. General concept management. Management as a social phenomenon
1. Management is the organizing activity of people, which is carried out to achieve certain goals.
Management is due to:
The presence of the subject of management (the one who manages) and the object of management (the one who is managed);
The existence between the object and the subject of direct (issuing commands, orders) and feedback (informing about the execution or non-execution of the commands of the subject of control). Management is reduced to the control action of the subject on the object in order to:
Streamlining the system;
Preservation of the structure of the system;
Ensuring the functioning of the system.
2. social management Society is divided into two types:
State (management of state affairs);
Non-state (management of affairs of private organizations, public formations, etc.).
3. Signs of social management:
Social management exists only where the joint activity of people is manifested;
The main purpose of social management is the ordering effect on participants joint activities;
The object of influence of social management is the behavior of participants in joint activities, the relationship between them;
Social management, regulating the behavior of participants in joint activities, achieves this goal within the framework of public relations;
The basis of social management is the subordination of the will of the participants in management relations;
The mechanism for the implementation of social management is personified by the subjects of management (management bodies).
4. In the process of implementing social management, the following functions are performed:
Collection and processing of information;
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 management relations between the subject and the object of management);
Coordination and interaction carried out to achieve common management goals;
Starting to study the content and features of public administration, it is necessary first of all to determine what is governance? This term has become a universal means of characterizing a certain type of activity, i.e. a set of actions performed in order to achieve the relevant socially significant goals.
In the broadest sense, management means leading something (or someone). In a similar sense, it is interpreted in our days. However, it is not enough to confine oneself to such a statement. There is a need to disclose the content of this manual, its functional significance. General theoretical positions, including cybernetic ones, give sufficient grounds for the following outputs:
1. Control have function organized systems different nature (biological, technical, social), ensuring their integrity, i.e. achievement of the tasks facing them, preservation of their structure, maintenance of the mode of their activity.
2. Management serves the interests of the interaction of the elements that make up this or that system and represent a single whole with tasks common to all elements.
3. Management - internal quality complete system, the main elements of which are the subject (control element) and the object (control element), constantly interacting on the basis of self-organization (self-government).
4. Management involves not only the internal interaction of the elements that make up the system. There are many interacting integral systems of various hierarchical levels, which implies the implementation of management functions, both intra-system and inter-system. In the latter case, a higher-order system acts as a subject of control in relation to a lower-order system, which is an object of control within the framework of interaction between them.
5. Management in its essence is reduced to the control action of the subject on the object, the content of which is the ordering of the system, ensuring its functioning in full accordance with the laws of its existence and development. This is a purposeful ordering influence, implemented in the relations between the subject and the object and carried out directly by the subject of management.
6. Control is real when there is a known subordination of the object to the subject of control, of the controlled element of the system to its control element. Consequently, the control (ordering) impact is the prerogative of the subject of control.
These are the main features that characterize the general concept of management. They are fully acceptable, and for understanding management in the social (public) sphere, where people and their various associations act as subjects and objects of management (for example, the state, society, territorial entity, public associations, production and non-production facilities, family, etc.) P.)
Of course, this takes into account the peculiarities of the social sphere, the most important of which is that managerial ties are realized through people's relations. Society is an integral organism with a complex structure, with various kinds of individual manifestations, as well as with functions of a general nature. Hence the need to express the general connection and unity of social processes, which finds its manifestation in the implementation of social management. It is one of the leading conditions for the normal functioning and development of society.
Social management as an attribute of social life is expressed in features predetermined by common features inherent in management as a scientific category, as well as by the features of the organization of social life. The most important are the following ones.
Firstly, social management exists only where the joint activity of people is manifested. By itself, this kind of activity (industrial and other) is not yet able to ensure the necessary interaction of its participants, the uninterrupted and effective implementation of the tasks facing them. common tasks, achieving common goals. Management organizes people specifically for joint activities and certain teams and organizationally draws them up.
Secondly, social management, with its main purpose, has an ordering effect on the participants in joint activities, giving organization to the interaction of people. At the same time, the coordination of individual actions of the participants in joint activities is ensured, and general functions necessary for the regulation of such activities and directly arising from its nature (for example, planning, coordination, control, etc.).
Thirdly, social management has as the main object of influence the behavior (actions) of participants in joint activities, their relationships. These are the criteria of a consciously-volitional nature, in which the guidance of people's behavior is mediated.
Fourthly, social management, acting as a regulator of people's behavior, achieves this goal within the framework of public relations, which are essentially managerial relations. They arise, first of all, between the subject and the object in connection with practical implementation functions of social management.
Fifthly, social management is based on a certain subordination of the wills of people - participants in managerial relations, because their relationship has a conscious-volitional mediation. The will of the rulers takes precedence over the will of the governed. Hence - the imperiousness of social management, which means that the subject of management forms and implements the "dominant will", and the object obeys it. This is how the power-volitional moment of social control is expressed.
Therefore, power is a specific means that ensures that the will of the governed is followed by the will of the rulers. This is how volitional regulation of people's behavior takes place, and under conditions state organization public life, the necessary “intervention” of state power in social relations is ensured.
Sixth, social management needs a special mechanism for its implementation, which embodies the subjects of management. The role of such is played by a certain group of people, organizationally formalized in the form of appropriate governing bodies (public or state), or individual persons authorized to do so. Their activity, which has a specific purpose and special forms of expression, is managerial.
Management, understood in the social sense, is diverse. In the broadest sense, it can be understood as a mechanism for organizing social relations. In a similar sense, we can say that its tasks and functions are practically performed by all government bodies, regardless of their specific purpose, as well as public associations. An element of the social management system is also local government. The object of control here is the whole society as a whole, all the variants of social relations developing in it.
Social management also has a special meaning. In this variant, it is usually characterized as public administration, which is understood as a specific type state activity, which distinguishes it from other manifestations (for example, legislative, judicial, prosecutorial activities), as well as from the managerial activities of public associations and other non-state formations (labor collectives, commercial structures, etc.).
Public administration as a system and as a process.
FROM scientific positions a rational explanation of the nature and essence of public administration involves its comprehensive consideration as a system and process in interaction with the surrounding social environment.
The public administration system is formed by subsystems of goals and principles for the implementation of state-imperious influence on social life. This effect is usually expressed in terms of legal forms. It includes organizational structures state apparatus (government agencies), the system of state bureaucracy (personnel), the totality of the functions they implement, the complex of methods, means and resources used, as well as direct and inverse relationships between subjects and objects of management, the necessary information flows, document flow, etc.
The process of public administration is a conscious and purposeful activity associated with the implementation of state powers by public authorities and regulated by legal norms, as a result of which there is a direct change public states, events and phenomena. In other words, in the process of public administration, a certain set of actions is performed, leading to the desired dynamics of managerial results. In particular, they are implemented adopted laws and policies proclaimed by the highest public authority.
The study social environment, in which public administration is implemented, on which it influences and which, in turn, has a reciprocal effect on it, means searching for answers to questions about what are the characteristics of civil society and how the latter influences the power-administrative activities of the state. In fact, the problem of the relationship between public authority, state administration and civil society is being solved, i.e. interaction of political institutions in the implementation of public administration.
Civil society is nothing more than a free and relatively independent public life, including not only the economic sphere, but also the sources of people's cultural initiative. Democratization is a classic step towards its autonomy from the state apparatus. Confirmation this provision is that the most diverse currents of social thought prove the impossibility of democracy if civil society is non-autonomous in relation to the state apparatus. However, this, although necessary, is in itself not a sufficient condition for democracy. At the same time, complete autonomy is practically impossible here.
A.S. Matveev
Management in the structure of social action
The modern world, as a single "living" system, consists of many institutions (families, states, etc.) that function due to the interconnection and interpenetration of each other. Imagine how inefficient the educational process of an individual would be in isolation from his upbringing in the family and his socialization as a subject of society.
But in the context of the constant acceleration of world development, which is expressed in the unthinkable speed of progress (only 10 years ago it was almost a fantasy to hold in the palm of your hand a device that containsinternet, digital television,GPSnavigation, a video camera, a mobile phone, and much more), the scale of increasing scientific and practical knowledge, which is simultaneously covered in the media (the hadron collider and discussions about the formation, in connection with this, of a black hole on planet Earth), transnational corporations, where People of completely different religious concessions work side by side, when the cultural isolation of the subject is lost, it is more and more difficult for the individual to integrate, to socialize in this vast ocean called the World. Imagine that huge flow of information that every minute, starting from the very awakening, a person receives, processes and remembers (this problem is devoted to the work of Toffler Futurochok ).
At higher levels of functioning (for example, political organizations), this system also works due to well-built organizational links between parts of the system. This system requires constant attention and control for successful operation, because incorrectly built connections, incorrect presentation of information by the managing entity can lead to global cataclysms, a wave of protest against the current political regime (for example, information about the demolition of the Berlin Wall).
Since ancient times, man, as a thinking being, has been striving to adapt the nature and reality around him for the most convenient existence (Greek “manus” - hand, manage). Since ancient times, management has been associated with the forcible subjugation of individual consciousness in order to achieve collective interests. Hammurabi is a code of laws, consisting of 282 articles affecting in its regulation all spheres of society.
Management like separate view knowledge, stood out from the structure of scientific knowledge and became widespread only in the middle of the 19th - beginning. 20th century and was associated with the works of A. Fayol, F. Taylor, G. Ford, L. Urvik, Frank and Lillian Gilbraith and others. It was then that 4 main management functions were identified: planning, organization, motivation and control.
There are a huge number of definitions of management in the scientific literature, which is constantly increasing with the advent of scientific theory about management by new authors, due to the fact that management itself (as a kind of toolkit for achieving goals) is at the intersection of several sciences. Thus, a specialist in the field of sociology of labor, having given his definition of management, will be just as right as a specialist in the field of financial analysis, which defines the concept of "portfolio management". The concretization of the concept, the narrowing or generalization of the definition depends on the tasks that are supposed to be solved. Let's bring general definition for the concept of "management" in the philosophical aspect.
Management - actionssubject reality aimed at change and manipulationobjects and subjects of this (but no other)reality ( control systems ) according to a predeterminedprogram ( approach , worked outprinciples , concepts , "mortgaged"genetically and othersinevitable factors ).
This is the most common processconscious activities carried outsentient beings . The essence of management is manifested in the fact that it is a specific type of human activity that arose as a need and a necessary condition for achieving results in individual and joint activities.Management efficiency is determined byto what extent it is correctly understood and in fact ensuredinteraction of conscious guiding activity and lenslaws of development of social production.The task of the subjects of management is to, having learnedobjective laws, consciously, in strict accordance with them,affect the controlled object.Management is an element of organized systems of various nature (biological, social, technical) and its products are connections: positions, dependencies, structures, as well as objects such as target groups, organizations, social institutions.
There are 2 types of management, similar in functions, achieved tasks (missions), but different in methods of implementation and implementation of management decisions. This is the management of firms and social management.
"Social management is a complex type of activity associated with the voluntary or forcible subordination of people to common interests, ensuring the existence of social organizations and the solution of complex social problems" .
Social management aims to streamline the organization of the system, achieve optimal functioning and development, and achieve the set goal.
At the same time, social problems are understood as situations that are incompatible with the values of the majority (or a significant number) of the members of the organization, or deviations from generally accepted social norms. concept social problem serves to express the corresponding social need.
How can such a strict science of management help in the development of society, in resolving interpersonal conflicts? To understand the essence of a phenomenon (for example, society), it is necessary to understand its structure.
Like any natural structure, the structure of society includes not only individual elements, parts in the form of individuals and their associations, but also their properties and relationships, which allow us to separate some social objects from others. There is no and cannot be a society without certain groups, associations of people, as well as without separate individuals acting as further indivisible "social atoms", "first bricks" of social life. Man acquired his basic generic qualities as a collective being. Therefore, man and society have always been and will be inextricably linked with each other, like two sides of the same coin. But still man and society are different phenomena, they are far from being identical to each other. Just as a living organism has properties that none of the many cells that make it up have, so society is not only something more than a single individual, but also something more complex than the simple sum of all its constituent individuals. Therefore, each social community is not only a set of individual qualities of its constituent people, but also a set of some of its own qualities that none of its constituent individuals have and which give this community its originality, uniqueness.
Thus, the social structure of society is an inseparable unity of two main components: 1) it is a set of individuals, people, their associations, 2) a set of interactions, connections, relations between people and social groups.
It should be noted that the study of social relationships turned out to be much more difficult for sociologists than the study of individuals, their organizations and associations, which were not so difficult to detect and study. The fact is that the connections and relationships between people are invisible, incorporeal, immaterial. So, any interaction of individuals is a kind of integral system, the functioning of which works due to the built organizational connection. For example, simplest model communication includes: a communicator (who transmits?), a message (what transmits?), a recipient (to whom does it transmit?), a channel (how does it transmit?), a reaction (what is the effect of the transmission?).
The first ideas about organic integrity, systemic nature and society originated already in ancient philosophy. So, in ancient Chinese philosophy (Lao-tzu, Confucius) they were defined by the category of Tao, and in ancient Greek (Plato, Aristotle) - by the concept of Logos. Both of these concepts expressed the same idea about the orderliness, organization of the world, the organic unity of its constituent parts, heaven and earth, nature and society, personality and power.
But the thinkers of the 19th-20th centuries developed the problem of systematicity most deeply: Auguste Comte, Herbert Spencer, Karl Marx, Max Weber, Pitirim Sorokin, Talcott Parsons and others. They deserve the merit of a detailed development of the basic concepts of modern social philosophy.
An element or part of society is the smallest particle of a social system or some combination of them. Elements and parts can be either individuals or their associations, or certain relations between them, as well as organizations and institutions arising from these relations.
Relations are understood as a certain connection, interdependence between parts, elements of society. Relationships are a kind of invisible cementing material that unites people into a society, turns it into an integral monolith.
The structure, therefore, can be defined as a historically established form of organization of society, internal order, consistency of its various parts.
When characterizing social life the paired categories "subject" and "object" are often used. They are closely related, although they are opposite in meaning.
The subject in social philosophy is understood as a person or group acting as a carrier of activity directed at an object, which is a more passive phenomenon.
Both things and people can act as an object. But in any case, the object is understood as a phenomenon, to which the activity of the subject, cognitive or subject-practical, is directed at the given moment.
And finally, a generalizing concept of social philosophy -
category social structure covers the entire set of connections and relations of social subjects (with regard to certain objects) that form an integral social organism.
Already this list of basic categories, with the help of which modern philosophy describes the social organism, reveals that the social system differs significantly from natural systems.
For social philosophy research human activity is one of the main challenges. But human activity is the result of interaction in social system, i.e. in society. Effective interaction depends on well-built organizational links between the subjects of interaction.Efficiency of social or joint labor of peopleis ensured by the presence of management as a mandatory compositionelement of total labor performing special functionsin common process production. From the implementation of management tothe efficiency and effectiveness of joint actions depend largely. Production as a whole as a system involvesmanagement of means of labor and management of employees.
It is well known that the development of society is carried out with the necessary participation of a person, his conscious activity, as a result of which transformative activity is often associated with the movement of the social form of matter. But it is obvious that the general theoretical category of activity has a certain divisibility into various types and forms.
In this regard, the study of the phenomenon social activities is presented as the study of one of the forms of conscious human activity, the specificity of which lies in the disclosure of the essence of "social" as its definition, i.e. relevant area of activity.
Obviously, the rapidity of social changes in the age of information and technological revolutions activates the process of scientific reflection, dictates the need for a significant adjustment of the initial social science postulates, which naturally raises the question of transforming the conceptual and categorical system in terms of expanding its differentiating and integrating capabilities.
The relevance of the development of the philosophical foundations of social activity, the appeal to its heuristic and methodological potential is dictated by the needs of modeling, forecasting the phenomena of social life, constructing the actual subjective foundations of activity in a complex social system.
The problem of activity, including social activity, occupied one of the central places in western theoretical sociology and social philosophy of Marxism. If in the first case the problem of social activity (social action) was a logical consequence of understanding the nature of Western liberalism, then Marxism synthesized this concept from the categories of "activity", "practice", "social practice".
The study of social activity in the tradition of Western theoretical sociology is due to the emergence of so-called theories of social action. In particular, F. Znanetsky and M. Weber proceeded from general nominalistic ideas related to the transfer of the analysis of social reality to the micro level - to the plane of interaction between individuals and small social groups. At the same time, the social action was made by the presence of a reaction to it from the side of another subject. T.Parsons and J.Habermas tried to overcome the subjectivist understanding of determinative moments in social action, revealing the objective factors of its formation.
In the domestic socio-philosophical thought, the consideration of social activity as a phenomenon of social reality and the corresponding philosophical category for a long time did not find proper support. Only from the second half of the 1960s and 70s did studies begin to appear that somehow addressed this problem - in connection with the development of the concepts of "social relations", "public relations", " social form matter”, etc. In the works of the most authoritative authors (I.V. Boichenko, A.V. Drozdov, S.A. Kislov, V.I. Kutsenko, M.V. Lashina, M.N. Perfiliev, Yu.K. .Pletnikov , V.P. Ratnikov, V.P. Rozhin, M.N. Rutkevich, T.I. Yashchuk and others) social activity was usually associated with the interaction of social subjects - social communities (class, nation, nationality, gender , tribe, family).
The analysis of the concept of social activity is determined by two main factors. Firstly, the inclusion in the context of general philosophical knowledge, its methodology, methods of cognition and description of reality. Secondly, the specifics and definitions of social philosophy proper, which, according to the just statement of V.S. Barulin, "...is associated with a double - sociological and philosophical - interpretation of each individual law and category" .
We proceed from the fact that - precisely because of integrativity - within the framework of social philosophy, there are two complementary levels of research. 1) Within sociological boundaries, social philosophy deals with the study of the phenomena of social life: their forms, content, structure, patterns of development, methods of implementation, etc. This aspect of the study makes it possible to identify and systematize the main categorical-conceptual schemes that reflect social reality in its interrelations; view society as a whole organism.
2) The philosophical content of this scientific discipline is determined by the ability to penetrate into the essence of the phenomenon.
The purpose of this level of research is to identify the determinative moments of the objective and subjective, which determine the way the organization and functioning of social objects, as well as the ratio of material and ideal components as the backbone of this object.
Activity is defined as a specifically human form of active attitude to the surrounding world, the content of which is the expedient development and transformation of this world. This content is realized by the main structural elements of social activity, which are already present in its simplest individual form, that is, in the interaction of a person with a thing or with another person.
The first element in the structure of any social action, the most important and necessary factor of any activity is a person, people, individuals. Without man, no social activity is possible. He is the active side of this activity, its subject - this is determined solely by the presence of his consciousness and will, the conscious setting of a goal and ways to achieve it.
The second element of social action is the objects of activity - things that, in turn, are clearly divided into two subgroups. One of them is tools and means of material production. In other words, this group of objects of activity includes all things with the help of which a person changes environment in order to adapt it to their diverse needs.
Another group of objects are means that are no less necessary for human activity than things, but do not have a material, material character. These objects of activity are so peculiar, different from things, that when considering the structure of social action, they are usually distinguished into a special, third component. It is a sign language, sound and written speech, information contained in various kinds of paper and electronic media, books, magnetic tapes, diskettes, etc. These are symbols, signs. They, like things, are a necessary condition for all human activity. Influencing our consciousness, symbols and signs ensure the purposefulness of individual activity, and in the case of collective activity, also its consistency. If physical things serve directly to adapt a person to the surrounding reality, then symbols make it easier for him, sometimes many times over, to solve this problem.
In addition to the three named, there is one more, the fourth, necessary element social action.
These are connections, relations between the indicated main factors of social action. As experience shows, the mechanical set of the three elements considered - people, things and symbols - does not yet form either social action or social life as a whole, if there is no connection, interaction between them. That is why stable, repeatedly repeated connections between people, things and symbols, gradually developing both at the level of individual action and at the level of social groups and the whole society, are of exceptional importance for social life.
For effective management of the system, it is necessary to build the above organizational links between the parts of the system. In this connection, a clear idea of the specific properties of these parts is necessary (in our case, this is an idea of the object and subject of activity).
Control functions have three common characteristics. First, they have a unity of purpose. Second, they require decision making. Thirdly, everyone needs information and communication. Due to the fact that these characteristics link all management functions, ensuring their interdependence, goals, decision-making and communication in the scientific literature are often called integration processes.
In the management of social activity, the main goal will be the formation of a connection between the subject and the object. The goal is an ideal image of the state of the managed system. This image is formed on the basis of the desired results of the activity.
If we talk about society, then in this case, the management function can be considered such interaction of individuals and social groups that would lead to the development of society, to the smoothing and elimination of social conflicts and social tensions within it. If the goal set by the subject of management reflects the coinciding interests of all or most of the social groups, then the goal is an integrating factor, unites people, makes them look for rational options for joint activities, allows you to get certain results related to general direction moving towards the goal. That is why management in the structure of social activity is the most important factor in the activity of society, which allows organizing the interaction of parts of the "society" system.
The emergence of management is inextricably linked with the development of society and is caused by the same reasons that caused the formation of the state and the creation of its bodies. The most common reason for the separation of management functions is the need to regulate relations between people: the implementation of "common affairs" and the elimination of conflicts. At a certain stage in the development of society, the existing tribal relations ceased to satisfy the position in society. Gradually in the society there is an allocation of a special layer of people who are engaged in the regulation of social relations and processes taking place in society, solving issues important to everyone. Here it is appropriate to note the origin of the term "politics", which in Greek means "state or public affairs". If we briefly trace these historical changes, we can note the attention to the issues of organization and management in the ancient world. Maintaining order and ensuring the obedience of the subjects, improvement, organization of the army, construction of roads and canals, it was not by chance that a large number of people gathered in Egypt, Greece and Rome. These issues are of particular importance in places of residence. a large number population in cities - "policies". In such city-states, the police are in charge of government. Initially, the concept of "police" meant managing the affairs of the policy - the city-state. It was only in the last three or four centuries that the police began to designate a special service for the supervision of public order and internal security. Historical analysis suggests that police law was the forerunner of administrative law. Importance of studying state and municipal government lies in the fact that it is management, and public administration in particular, that has been the core of administrative law for centuries, and it has significantly influenced and is currently affecting the development of the whole society.
In any society, management is diverse, both in its form and method, and in the object of management. This is explained by the fact that in addition to the authorities, society is influenced by economic, social, ideological factors, including the management system itself, which makes it necessary to manage these factors. Management can be state and non-state.
At the heart of every society is a person. In the same way, in any management system, the primary, “controlling” component is a person. Any control system is created by a person and operates according to a model set by a person, and is designed to satisfy his needs. In management, everything comes from a person and is focused on a person, society. Therefore, management literally begins when there is a conscious principle, interest and knowledge, goals and will, energy and action in any interconnections, relationships, phenomena, processes. human . Management exists within the interaction of people, within the subjective factor.
Items about which there is control between people, there may be material things, technical means, technological processes, social values, products of spiritual creativity, etc., but only people can be parties in management.
Any unites different social groups(workers, intelligentsia, etc.), national communities (ethnic groups), many associations (parties, trade unions, unions, etc.), many economic and social institutions (economic organizations and etc.). Each of the components assumes its own goals, which it tries to defend by putting forward certain requirements, which gives rise to contradictions and conflicts in society, leads to the asymmetry of society. Conflict resolution occurs through social management using a variety of methods, means and mechanisms. As a result of interaction in the process of social management, compromises are achieved, relative stability and development of society is ensured.
AT In the broadest sense, management means management something (or anyone). General theoretical positions, including cybernetic ones, provide sufficient grounds for the following conclusions:
1. Management have a function organized systems of a different nature (biological, technical, social), ensuring their integrity, i.e. achievement of the tasks facing them, preservation of their structure, maintenance of the proper regime of their activities.
2. Management serves the interests interactions constituting one or another system of elements and representing a single whole with tasks common to all elements.
3. Management- the internal quality of an integral system, the main elements of which are subject(control element) and an object(controlled element), constantly interacting on the basis of self-organization (self-government).
4. Management involves not only the internal interaction of the elements that make up the system. There are many interacting integers th level, which involves the implementation of managerial functions as intrasystem, so intersystem character. In the latter case, a higher-order system acts as a subject of control in relation to a lower-order system, which is an object of control within the framework of interaction between them.
5. Management essentially boils down to the manager of the influencestvuyu subject to an object whose content is ordering system, ensuring its functioning in full compliance with the laws of its existence and development. It - purposeful ordering impact implemented in connections between the subject and the object and carried out directly by the subject of management.
6. Management real when there is known subordinate-nie the object to the subject of control, the controlled element of the system to its control element. Consequently, the control (ordering) impact is the prerogative of the subject of control.
7. In the process of management, they find their direct expression functions, determined by the nature and purpose of management activities. This means that the control has functional structure.
Under management functions refers to the most typical, homogeneous and clearly defined types (directions) of the activity of the managing subject, corresponding to the content and serving the interests of achieving the main goals of the control action. These usually include: forecasting(planning); organization(formation of the management system and ensuring its normal operation); coordination(ensuring coordinated actions of various participants in relations in the managed sphere); regulation(establishment of the mode of interaction between the subject and the object of management); management(imperious solution of specific issues arising in the managed sphere); control(observation of the functioning of the managed sphere).
Control is reduced to the control action of the subject on the object with purpose:
Streamlining the system;
Preservation of the structure of the system;
Ensuring the functioning of the system.
social management(control in society) is subdivided into two types:
State (management of state affairs);
Non-state (management of affairs of private organizations, public formations, etc.).
social management performs the following functions:
a) Organization - the formation of a management system, streamlining management relations between the subject and the object of management;
b) Interaction and coordination carried out to achieve common goals;
c) Planning - determination of directions, goals of management activities, ways and means to achieve them;
d) Collection and processing of information;
e) Forecasting - scientific prediction of changes in the development of any phenomena or processes based on objective data;
f) Control and accounting.
Along with the social component, political institutions operate in society, which makes it necessary political management. Such management is carried out as a result of the activities political system of society, which includes political institutions, regulatory norms that have political significance (primarily the rules of law), political regime and political ideology. The essence of the functioning of the political system is to streamline social processes on a legal basis and ensure legal forms of struggle and cooperation.
Management is a universal category, used in various senses: in technical, biological, social. Management in the social sense defines management social processes society or the processes of social development.
Social sciences, including legal ones, study one of the types of management - social management. Society is an integral organism with a complex structure, with various kinds of individual manifestations, as well as with functions of a general nature.
Signs of social management:
Firstly, social management exists only where the joint activity of people is manifested.
Secondly, social management, with its main purpose, has a streamlining effect on the participants in joint activities, giving organization to the interaction of people.
Thirdly, social management has as the main object of influence the behavior (actions) of participants in joint activities, their relationships.
Fourthly, social management, acting as a regulator of people's behavior, achieves this goal within the framework of public relations, which are essentially managerial relations.
Fifthly, social management is based on a certain subordination of the will of people - participants in managerial relations.
Sixth, social management needs a special mechanism for its implementation, which is personified by the subjects of management.
Due to the fact that the subjects and objects of social activity are the people themselves, their associations, social groups and even entire classes, it is customary to distinguish three mandatory elements in social management:
1) the object of control - the behavior of people, their actions, i.e. who (what) is controlled;
2) the subject of management is the people themselves, since management is carried out by people and in relation to people, i.e. those who govern;
3) direct and feedback between the subjects and the object of management, the content of which is the organizing influence on the part of the subject on the behavior of people - participants in managerial social relations.
Social management in society can be represented in two ways:
public administration (organizational influence of the state on the development of processes and relations in society by power-legal methods);
non-state (public) management (carried out by non-state organizations, public associations, trade unions, etc.
Distinguish public administration in a broad and narrow sense.
Public administration in a broad sense is the regulatory activity of the state as a whole (the activities of representative authorities, executive authorities, prosecutors, courts, etc.). Public administration in a broad sense characterizes all the activities of the state in terms of organizing the impact of special subjects of law on social relations.
Public administration in the narrow sense is the executive and administrative activity of executive authorities.
Public administration is characterized by the following:
a) in its direct implementation, the interests of the state are realized;
b) the object of its influence is the whole organized society as a whole;
c) management functions are implemented by social subjects formed at the will of the state;
d) such subjects of management act on behalf of the state;
e) in order to exercise their powers, they are endowed with state will (power).
Among the characteristic features of public administration, the following can be distinguished:
Public administration is a special type of activity for the implementation of state executive power, which differs from the activity for the implementation of legislative and representative power in form, methods and content;
State administration is carried out by special bodies of state executive power, which are created by the state both at the level Russian Federation, and in the subjects of the Russian Federation and form a system of government bodies;
executive and administrative nature of management activities;
legally-imperious nature of management;
Daily and continuous nature of management;
legality and accountability of state administration.
Executive Power:
concept and relationship with public administration
Executive power as a legal category appeared in the domestic science of administrative law in the early 1990s. 20th century and was enshrined in the Constitution of the Russian Federation in Art. 10, which establishes that "state power in the Russian Federation is exercised on the basis of the separation of powers into legislative, executive and judicial."
Signs of executive power, allowing to distinguish it from other branches of power:
1) the executive branch is a relatively independent branch of the unified state power of the Russian Federation, closely interacting with the legislative and judicial;
2) the executive power is independent, but only in the functional-competent sense. Its functions are related to the practical implementation of laws on a national scale (execution), for which it is used certain part state-imperious powers;
3) executive power - an indispensable attribute of the state-imperious mechanism, built on the principles of separation of powers;
4) executive power, like any other manifestation of power, is the ability and ability to exert a decisive influence on activity, behavior, the right and ability to subordinate others to one's will. It is distinguished by the fact that it is implemented in relation to various elements a state-organized society, i.e., on a national scale, and as a specific state function of a law enforcement nature;
5) executive power, being a branch of the unified state power, cannot be identified with the type of state activity. The corresponding type of such activity is not power itself, but only the form of its implementation;
6) executive power, expressed in a special type of state activity, is inherently law enforcement, and law enforcement, as a rule, is of a positive nature;
7) executive power has a certain subjective expression. This means that it is personified in the activities of special subjects endowed with executive competence, executive authorities;
8) executive power is not a system of organs, but their Practical activities;
9) the executive power is characterized by the fact that at the direct disposal of its subjects are the weight of the most essential attributes of state power, such as: finance; the most important means of communication; army and other military formations, police, internal and external security services, etc.1
The essence of executive power lies in its organizing and administrative nature, and it is realized through the implementation of public administration.
Thus, the executive power is one of the branches of power, expressed in the implementation of the executive
administrative activities specifically authorized bodies state, aimed at the practical implementation of laws and other regulations.