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Administrative law. Public administration: basic concepts, management system, its features (the most important)

Lecture notes, cheat sheets

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1. STATE ADMINISTRATION: BASIC CONCEPTS, MANAGEMENT SYSTEM, ITS FEATURES

Studying the basic concepts, provisions and institutions of administrative law as one of the main branches of public law, one should comprehend the term itself "administrative", meaning translated from Latin "managerial or leading", i.e. having a state, authoritative character.

At its core, administrative law - state management law, realizing the public legal interest of the majority of citizens, for which the subjects of management are endowed with legal powers. Consequently, the subject and object of legal norms are managerial relations (more precisely, behavior) that arise between the subjects of management, exercising their rights and obligations. These managerial relations are both intra-organizational and external for the implementation of the functions and tasks facing the authorities, the state and society as a whole.

Management system - a set of two or more elements (subsystems), interconnected and interdependent among themselves and forming an integral unity.

Types of control systems: social (state and public), biological and technical. We consider the concept of a state management system that closely interacts with public management systems.

Signs of a control system

First sign control system: it has two or more elements (subsystems), i.e. a control element (powerful subject of law) and a controlled element of the system (subject to law). As a rule, the system of a particular control body is both a control system in relation to a lower controlled subsystem and a control system in relation to a higher control control system, i.e. the systems are hierarchical (subordinate).

Second sign management systems are interrelation and interdependence, which is regulated both by social norms (traditions, customs, morality, etc.) - these management relations have social and imperious character, - and legal. The relationships of interconnection and interdependence that arise between the managing and managed systems, one of which is necessarily a legal entity of state ownership, municipal or mixed, are regulated by administrative legal norms and rules and have state-imperious character.

Third sign management systems: the integral unity of the system is understood as an integrated quality, and not as an arithmetic sum of the qualities of the functioning elements of the system. That is, the relationship between the elements of one system is always closer than with the elements of other systems or the external environment.

Author: Chetverikov V.S.

>> Forward: Social management: state and public

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