LawState and Law

The concept of management and types of management in administrative law

Most scientists of the 21st century conduct research on the subject from the point of view of his social interaction with the surrounding world. Such actions help to identify the most effective ways of social regulation. It should be noted that the search process began long before the appearance of the existing civilization. An interesting fact is that already in the days of Ancient Rome people knew: the most successful "invention" of regulation of public relations is law. Since that time, this concept has not lost its power.

For today in the Russian Federation practically all vital activity of citizens is regulated by means of legal norms of various branches of legal science. This allows, first of all, the state to exercise ubiquitous control and dictate its will. However, a large number of issues are caused by the management process itself, which is carried out by the state power already mentioned in the article. The very term "management" has several rather interesting meanings. As for the state, then there is a specificity - both legal and practical. In the article we will consider the concept of management and types of management through the prism of the corresponding legal branch - administrative law.

The versatility of the term

Before considering the concept of management and types of management in administrative law, you need to pay attention to the versatility of this term in general. It should be noted that it is used immediately in several branches of human life. Proceeding from this, the characteristic of the term can be given quite differently.

In philosophy, management is understood as the specific activity of some actors, aimed at achieving the goal or a number of goals. During such activities, a change occurs in an object. The philosophical concept gave a starting impulse to create a "classical" universal term. Thus, the management, essence, concepts, types of which will be presented in the article, is a specific process of control, organization, planning and motivation that is necessary to achieve the set goals. As for the specifics of this category, it is perfectly visible in the military and administrative environment.

Specificity of military management

Earlier, we already noted the fact that the concept of governance and the types of management in the military environment have their own specifics. The same can be said about administrative law. Features of this industry will be presented later in the article. As far as military affairs are concerned, the management, concept, signs, the types of which are presented below, is a set of measures aimed at coordinating the actions of individual military formations. At the same time, the subjects of management should support the organization in these formations, which will meet the basic requirements of the state's defense capability.

Thus, there are several types of management in military affairs, namely:

  • The management of all troops is a process of coordinating and maintaining a common combat readiness at all echelons of the armed forces of the state.
  • Air traffic control allows coordinating the activities of military aviation.
  • Formation management arises for the most part during a direct military conflict, when unified structured combat units are formed from different branches of the armed forces.

Thus, given the specification, we can conclude that the military administration has a number of characteristic features.

What is administrative law?

Now let's try to understand the specifics of administrative law. After all, it is through the prism of this industry that we will consider the concept of management and types of management. It should be noted that this industry in the Russian Federation is relatively young. It was formed in the USSR and partly the Russian Empire - the ancestor of modern Russia. Initially, this was a purely police branch of the legal system of the state. However, closer to the XXI century, scientists found that the management process, like other mechanisms in the country, is subject to certain legal patterns. When analyzing the specifics of the management process, it became clear that it was the subject of administrative law, since it incorporated public features. Thus, the legal industry has significantly changed. To date, administrative law comes from management, as it is considered the main subject of regulation of the industry. It follows that the content, characteristics and types of management can be identified, studied and examined within the administrative science.

Management in Administrative Law

The general concept and types of management in administrative law are studied by scientists everywhere, because this is the most topical issue in modern Russia. It is within this legal branch and part-time science that the most controversial moments of coordinating public life through state power are being studied. In other words, issues of interaction between state bodies of all echelons and citizens are considered both in the aggregate and separately.

Given all of the above features, it can be concluded that management (the concept, the features, whose types will be presented below) in administrative law are actions that have administrative nature. They are aimed at organizing the functioning of fairly complex systems in order to ensure the safety and quality of the latter. Depending on the characteristics of the systems, different types and types of management are distinguished in administrative law.

It should be noted that the management of the administrative branch has its own structure. This makes it possible to implement this category more effectively and qualitatively in the real regulation of social relations.

Governance structure

The concept of management and its types are directly related to the structure of this particular category. We have already pointed out that it is thanks to the structured management that it has a high level of efficiency in the process of regulating public relations. As a rule, three main structural elements are distinguished: object, subject and content. The subject of management is always people. Some scientists bring to the number of entities state authorities, which is fundamentally wrong. After all, even state authorities actually consist of people. It should be noted that the subjects are divided into two large groups: individual (individual citizens of the Russian Federation) and collegial (social groups). In addition to social relations, the system of management is system, for example, people's formations, all kinds of phenomena (economic, legal, etc.).

The most interesting and important element is the content of management. He describes the package of relations, which is actually regulated in the implementation of management activities. In addition, the content refers to specific ways to influence these relationships, as they are carried out using certain methods and methods. In fact, the content element of the represented administrative-legal category is the very "root" of the state management process. On the basis of it different types of the institution considered in the article are distinguished.

Basic types of management in administrative law

It should be noted that the types and attributes of management Are distinguished only through the analysis of individual types of this category of administrative law. The industry theorists put forward many hypotheses on this issue for many years. The main problem was that scientists could not come to a common agreement on the typology of management in administrative law. The fact that the management, essence, concept and types of which are presented in the article was affected was really a complex structure. Nevertheless, a typology was created, consisting of four elements, which exists to this day. It offers the following types of management in administrative law:

  • The technical type of management, that is, the coordination of the activities of objects on the basis of generally accepted rules of physics, mathematics, and so on.
  • Biological management has absorbed the methods of influence on certain objects taking into account natural laws.
  • The social type is one of the most complex. Its features are manifested in the structure and methods of regulation, as will be discussed later.
  • The key type in administrative law is public administration. In the process of analysis, such issues as the essence of the state, the interaction of the country and society, power and individual citizens are touched upon.

Thus, the presented typology is the "standard" of Russian administrative law. The study of its elements allows us to see the concept and types of forms of management, the key features not only of the institution of management activity, but also of the entire branch of legal regulation.

Types of management in administrative law

The concept and methods of management are inextricably linked terms that actually complement each other. But their essence is most clearly traced through certain types of the category presented in the article. It should be noted that many people often confuse the notion of "types" and "types". In this case, one must remember that a species is a certain set of methods and methods of influencing specific social relations. And the type, in turn, is only a separate target area of focus. The concept of management and its types, As already indicated, are complementary. Thus, different sets of methods in administrative law can be distinguished based on the definition of the term.

To date, the theorists of administrative law identified three main types, namely:

  • public administration;
  • Collective;
  • Family.

As we understand, the general concept and types of governance presented above allow us to reveal the essence of this particular legal institution. Therefore, they must be considered separately from each other. It should be noted that we note management as an institution of administrative law, since the category presented in the article combines not only a certain set of methods and methods, but also homogeneous legal regulations.

Public administration: the concept and methods

The concept of management, its features and types In the prism of administrative law directly depend on the state. In fact, in this field, the institution of administration is the starting point from the highest authorities in the country. State administration, in turn, absorbed the most important methods and principles of government bodies. What is it? Thus, public administration is a type of activity of state bodies, as well as their officials, aimed at implementing a given policy. Executors of this kind are not interested in the sources of the existing course, since they only bring its provisions into the form of real execution.

The main method in the implementation of public administration, as a rule, is the imperative. This is absolutely not surprising, given the fact of the existence of the right of imperious command, which is endowed with the state in the person of its main bodies. Some scientists often attribute the implementation of state management only to the executive authorities of the Russian Federation. This theory is mostly erroneous. Because the judiciary and the legislature also make their notes in the process of regulating society. In some cases, the legislature is more important than other branches, because it is the legislative bodies in the Russian Federation that have the highest priority.

Principles of Public Administration

The concept, content and types of state management are also supplemented by the existence of certain principles on the basis of which this activity is actually carried out. To date, the theory of administrative law has formed four main groups of principles, namely:

  • Legal. This aspect combines the concepts of law and order, and the priority of human and citizen rights and freedoms. In addition, the legal approach consolidates the principle of the dominant place of the Constitution in the hierarchy of normative legal acts and the entire legal system.
  • Political principles are for the most part ideas of the embodiment of political doctrine. To date, Russia is increasingly developing a tendency to the fact that state power exists to maximize the idea of democracy. The political approach is in fact a protest of any kind of discrimination, violation of freedom of speech, etc.
  • The managerial approach consolidates the principles of efficiency, efficiency and effectiveness of public administration.
  • The last set is the "group of principles of Pesica", which was developed in the XX century by the Polish scientist Pshech Pesik. The peculiarity of the group is that it combines several relatively homogeneous principles of state administration. Thus, a single provision is created that state power should be "convenient" for the people. It can not violate the rights of citizens of any state, but, on the contrary, it must support and provide them. The effectiveness of power should be manifested, first of all, in the health of the nation and in foreign policy prosperity.

Earlier, we have already indicated that the content, characteristics and types of state direction management largely depend on the principles presented above. In fact, it is thanks to these principles in the Russian Federation that the activities of the authorities have the maximum level of effectiveness in the process of regulating public relations. It is also necessary to take into account the fact that the concept, types, functions of management in administrative law are largely "built" on the initial provisions of the industry and the institution.

Social management in administrative law

Specific type in the administrative branch is social management. It has the following features:

  • The object of influence is always people, that is society.
  • All emerging relations in the process of social management are dispositive, legal in nature.
  • This type of management is built on the basis of the priority of man's will, and not the imperious command of the state.
  • Subjects, as a rule, are mostly people and their formed groups. As for the authorities, in the structure of social management it is a special subject.

Thus, on the basis of the features presented, it can be concluded that, unlike the state, social management arises in the environment of citizen interaction. In this case, the authorities only in a few cases play an "auxiliary" role.

Conclusion

So, the concept of management and its types were briefly presented in this article. It should be noted that the issue of the role of citizens and authorities in the process of organizing management of any kind is a priority area of study both within the framework of the institution represented and in administrative law in general. In addition, the study of managerial legal relations is necessary for the organization of effective work of government bodies, but this is not the subject of this article.

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