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Administrative law. Rulemaking, regulation and control of government bodies (most important)

Lecture notes, cheat sheets

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6. STANDARD-MAKING, REGULATION AND CONTROL OF GOVERNMENT BODIES

Objectives of normative activity are as follows:

1) legally consolidate the relevant relations and ensure their legal regulation and protection;

2) ensure the formation of new relations that are absent at this stage of socio-economic development, but taking into account the factors and conditions necessary for solving long-term tasks;

3) eliminate in stages negative or obsolete relations that hinder the development of new progressive trends with the help of methods of persuasion, stimulating economic and socio-psychological methods, methods of administrative and legal coercion.

In accordance with the Decree of the President of the Russian Federation of 03.03.2004 No. 314, as amended. dated May 12.05.2008, XNUMX rule-making functions carried out only by federal ministries, with the exception of federal services and federal agencies subordinate to the President of the Russian Federation.

Regulation (including legal) is a management activity, in the process of which a kind of adjustment of an already organized management system is made in relation to the changing external and internal conditions of its functioning. Changes in conditions cause the system to deviate from the given parameters. Elimination of such deviations, ensuring the normal functioning of the system is the main task of regulation as a control function. The need for regulation is determined both by constant changes in the system itself, which lead to violations, failures in its functioning, and by changes in factors and conditions of the external environment.

In addition to the function of legal regulation, the governing bodies, their authorized officials also carry out such a management function as control. The absence of a Federal Law on unified state control, in essence, deprives state authorities and management of the necessary feedback, i.e., receiving timely, complete and reliable information about the results of the functioning of the system of executive authorities, which casts doubt on the possibility of effective management of state affairs due to incomplete or false information about processes taking place in the state and society.

Control - a form of feedback that allows you to establish how accurately the parameters of the system functioning set by the subject of control are implemented.

Control objectives:

▪ direct all activities towards the fulfillment of pre-established tasks by checking the actual state of affairs, the degree of reality of the implementation of decisions made;

▪ improvement of activities through timely detection and elimination of deviations that have arisen and their causes.

Author: Chetverikov V.S.

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