Public administration methods: concept and types. Forms and methods of public administration

Implementation of functions and principles government controlled carried out by applying various methods.

The concept of "method of public administration" is inextricably linked with the etymology of the word "method", which comes from the Greek methodos and is interpreted in two ways: firstly, as a way of knowing, studying natural phenomena and public life and, secondly, as a mode or mode of practical action.

In public administration, the method, as a rule, is understood as a method, a method of practical implementation of the tasks and functions of the state in the daily activities of state bodies (officials) on the basis of the competence assigned to them, within the established boundaries and in the appropriate form. In this form, the "method" allows you to get the necessary idea of ​​​​how the mechanism of state power functions, how management functions are practically carried out, with the help of what means. This category is therefore directly related to the characterization of the essence of the process of implementation of state power, being one of its indispensable elements. It also serves the purpose of giving dynamics to management.

Consequently, the method of public administration network is a means of practical implementation of the functions of public administration, achieving its goals. Methods provide an answer to the question of how, in what way, the most rational way to achieve management goals.

Management methods are in unity with management goals. The goal determines the specifics of the use of methods, the choice of methods to a certain extent determines the reality of achieving the goals. But, on the other hand, methods show how management goals are achieved. They define the quality side of management. Improving them means improving management.

The following characteristic features are inherent in public administration methods:

  • 1) they express the relationship of the subject of management with the object of management;
  • 2) are ways of streamlining, organizing processes occurring in control systems, techniques by which common goals joint activities of people;
  • 3) act as a mobile and active element in the control system;
  • 4) the use of methods is of an alternative nature;
  • 5) in public administration, they are an instrument of state policy, which is used by the state apparatus to achieve political goals.

Public administration methods can be considered from the point of view of their content, orientation and organizational form.

In accordance with the structure of the object of public administration, which is the society in the field of public administration, the methods of public administration according to the level of their application are divided as follows:

  • 1) methods that apply to the whole of society as a system;
  • 2) methods related to subsystems allocated within society (economic, social, natural resource, etc.);
  • 3) methods of control action in relation to an individual employee or individual groups.

The application of these methods used in the field of public administration helps to solve such problems in society as support for socially vulnerable groups of the population, unemployment, national issues etc.

The methods of any activity are varied. This applies equally to the methods of public administration, because the subjects of public administration are different in their purpose, and the objects under their influence are also different. But this does not exclude the possibility of structuring in a certain way in their interests their most significant properties and specific features.

From the general theoretical positions, the action of universal methods of any activity is manifested - persuasion and coercion. These are two interconnected "poles" of a single whole, that is, a mechanism for ensuring proper behavior and the rule of law. They complement each other.

With the help of means of persuasion, first of all, the proper behavior of participants in managerial social relations is stimulated by carrying out educational (including legal education), explanatory, recommendatory, encouraging and other measures of predominantly moral influence. Coercion is traditionally regarded as an auxiliary method of influence used because of ineffective persuasion. In case of violation of the requirements of administrative and legal norms, it is expressed in the application of disciplinary or administrative responsibility. If necessary, provide public safety there is a special set of coercive measures, together with legal responsibility, referred to as administrative coercion.

The basis of the system of methods used in public administration is a general scientific methodology that provides for a systematic approach to solving problems, as well as the use of such methods as modeling, experimentation, economic, mathematical and sociological measurements, etc.

The systems approach is used as a way to streamline managerial problems, with the help of which their structuring is carried out, goals, solutions are determined, options are selected, interrelations and interdependencies of elements of problems are established, as well as factors and conditions that affect their solution.

The synergistic approach orients the researcher and practitioner to take into account the natural factors of the developed (self-development) systems. Synergetic processes are natural processes of achieving new states by the system without purposeful external influence.

All representations of managers of the XX century. were reduced to the fact that there is a subject and an object of control. Concepts and schools of management focused on finding different ways of influencing the subject on the object of management. Their goal was the effective use of the physical, psychological and intellectual potential of the subject for entrepreneurial purposes. By the end of the XX century. it became clear that this approach had exhausted its possibilities. The basis of interaction was cooperation, complementarity creativity individuals at different levels of the hierarchical ladder. In the information society, the capabilities of one subject are revealed through the capabilities of another. The concept of "subject - object of management" in management is gradually giving way to the concept of self-organization, a synergistic approach.

The change in management paradigms is accompanied by numerous problems, both objective and subjective. The main one is the mentality of the leader. Management activity today is, first of all, research activity, work to identify problems, analyze them and search for scientifically based solutions. A "strong", strong-willed business executive with an administrative mentality is forced to give way to a leader with creative thinking and high culture of human relations. Managerialism is being replaced by synergy.

Modeling plays an increasingly important role in the activities of state authorities and local self-government. When solving public administration problems, the models of game theory, queuing theory, inventory management, linear programming, economic analysis, etc., are most widely used.

An important place in public administration is occupied by economic and mathematical methods based on the intersection of economics with mathematics and cybernetics. Economic and mathematical methods are used to solve the problems of optimizing plans, setting prices, allocating resources, compiling intersectoral balance models, program-targeted planning, etc.

Methods of public administration are largely determined by the content of the functions being implemented. So, when performing the planning function, the methods of extrapolation, regression analysis, scenario building, modeling, forming a “tree” of problems and solutions, etc. are used.

Other classifications of public administration methods are also possible. So, D. P. Zerkin and V. G. Ignatova distinguish between democratic, authoritarian, coercive, manipulative, mobilization, participatory methods by the nature of the impact, and according to the results of the impact, they note revolutionary and reformist, innovative and conservative methods.

In the work of A. A. Degtyarev “Fundamentals of Political Theory”, the following classification of public administration methods is given.

First, the most radical method of management is open violence and the use of punitive force. Once upon a time early stages political history mankind, this method was one of the dominant. For example, this method was actively used in the eastern despotisms, seizing new territories and up to the complete destruction of the population that oppressed them with the help of brute force. At the present stage, the instruments of violence prevailed mainly in totalitarian states, as, for example, in Nazi Germany and the USSR in the 1930s. or in Kampuchea in the 70s. 20th century

Secondly, it is possible to use forced mobilization and administrative regulation of the population in such a way that the organs of the state manage even without regular violence and open terror. At the same time, the very real threat of the use of administrative sanctions by the state is used as a support (for example, in a number of Arab and African authoritarian regimes, and in certain crisis situations and in the conditions of transitional societies of emerging democracy).

Thirdly, one of the main methods of modern public administration is legal regulation based on legislative norms and the judicial and arbitration system. Of course, these methods are used primarily in rule of law where the norm of the law becomes the main regulator of the life of citizens.

Fourth, effective method management in a stable society is a systematic socio-political maneuvering, which includes tools for compromise between the ruling and opposition groups, concessions and turns in the social and economic policy associated with the regrouping of forces and the redistribution of resources. For example, if the conservative model of government policy does not produce the expected results, then the latter may strengthen social programs and transfer certain resources to their implementation.

The fifth main means of control is ideological and political manipulation, which acts in “soft” forms on the mechanisms of consciousness and behavior of citizens, that is, first of all, on the “head” of people, in contrast to brute force acting on their “body”. In the early stages of state development, religious preaching played a similar role as an instrument of ideological, political and moral influence on the masses. Today, the means of ideological-political and socio-psychological manipulation by the mass media are coming to the fore. Telecommunication facilities and mass media at the end of the 20th century. become a priority and effective tools manipulation of the masses, playing a particularly prominent role in the structure of the democratic regimes of the West (one of the methods of manipulating public consciousness in Russia is, for example, the ratings of political leaders and socio-political organizations).

Of course, we should not forget that the structure of the means and methods of almost every state has the entire arsenal of the above-mentioned tools in varying proportions and combinations, which are used depending on the specific situation (crisis, war, and so on), the type of regime and phases of its formation, reproduction or transformation. In any case, the methods of public administration are being revised, modernized, and changed. The complication of socio-economic and political relations during the period of fundamental reforms in the country, it increases the need to use the entire set of resources that ensure the modernization of political and administrative activities.

A special approach to the issue of species classification of administrative and legal methods is based primarily on the nature (content) of the control action. Of the many classification options, as a rule, the most common is the allocation of three groups of methods, namely, administrative, economic and socio-psychological.

Administrative methods occupy a special place in public administration. Their essence lies in the impact on social relations and processes, as a rule, according to the formula: "order-execution". The instruments of administrative and legal influence are: laws, by-laws, directives, orders, orders, regulations, instructions, etc. Administrative and legal methods of public administration are regulated by legal acts.

Administrative methods should not be identified with volitional and subjective methods of leadership, that is, administration. Administrative management methods are regulated by regulatory legal acts.

Administrative methods of management are classified according to the form of expression, legal properties, method of influencing the behavior of objects of management, form of prescription.

According to the form of expression, administrative methods are divided into administrative-legal, expressed in legal form, and administrative-organizational, expressed in the commission of organizational actions by the subject of management.

According to the legal properties, administrative methods of management can be normative and individual. Normative include legal acts containing norms that regulate managerial relations, the activities of the governed. To individual - prescriptions in the form of direct orders addressed to specific performers.

According to the method of influencing the behavior of management subjects, administrative methods are divided into:

  • 1) obliging to perform certain actions;
  • 2) authorizing to perform certain actions;
  • 3) encouraging the commission of socially useful actions;
  • 4) prohibiting the commission of certain actions.

According to the form of prescription, administrative methods can be subdivided:

  • 1) into categorical (imperative);
  • 2) surety (for example, a higher executive body entrusts the performance of functions to a lower body that are not within its competence);
  • 3) advisory.

The forms and scope of application of administrative methods are determined by the tasks of the governing body, the level of organization of production, the qualifications and culture of decision-makers. The more fully these parameters are presented, the less the need for administrative intervention.

Administrative influence is carried out in the following forms:

  • 1) a direct administrative instruction that is binding on the managed system (order, instruction);
  • 2) establishment of rules governing the operation of the managed system (regulations on structural subdivisions, standards);
  • 3) development of recommendations for organizing and improving certain processes in a managed system ( job descriptions, guidelines);
  • 4) control and supervision over the activities of the managed system.

Organizational influences in a state body

are based on the preparation and approval of internal normative documents regulating the activities of personnel of a particular state body. These include:

  • 1) regulation on the state body;
  • 2) administrative regulations;
  • 3) organizational structure management;
  • 4) staffing;
  • 5) regulations on structural subdivisions;
  • 6) official regulations of civil servants.

These documents (except for the regulation on the state body) can be drawn up in the form of standards of the state body and must be put into effect by order of the head of the state body. These documents are mandatory for all civil servants, and their non-compliance entails the application disciplinary action. In a government agency where high level organizational influences, brought to the standard of a state body and management regulations, and high official and executive discipline, the need for the use of administrative influences is significantly reduced.

Regulatory influences are aimed at achieving the goals of management, compliance with internal regulations or maintaining the management system of state bodies in the given parameters through direct administrative regulation. The well-known methods of administrative influence include orders, instructions, instructions, instructions, target planning, labor rationing, coordination of work and control of execution.

The most categorical form of administrative influence is an order. He obliges his subordinates to carry out decision within the established time limits, and its failure to comply entails the appropriate sanction (punishment). An order usually consists of five parts: a statement of the situation or event, measures to eliminate deficiencies or ensure administrative regulation, allocated resources for the implementation of the decision, deadlines for the execution of the decision, control of execution.

The order acts as the second main type of administrative influence. It is mandatory for execution within a specific management function and structural unit. The order may contain all the parts of the order listed above and, like the order, is mandatory for execution by the subordinates listed in it. The difference between an order and an order is that it does not cover all the functions of a state body and is usually signed by deputy heads of a state body.

Instructions and instructions are a local type of organizational impact and are most often aimed at the operational regulation of the management process in a short time and for a limited number of civil servants. If instructions or instructions are given orally, then they need to be strictly controlled for execution or should be the basis of high trust in the “head-subordinate” relationship scheme.

Instructing and coordinating work are methods of leadership based on the transfer to a subordinate of the rules for performing official operations.

Instruction is a one-time method of application on the part of the manager, when he tries to reasonably explain the expediency of a job assignment for a subordinate. If the subordinate refuses, a second attempt is inappropriate, because it will lead to the loss of the authority of the leader.

Administrative methods are usually qualified as methods or means of non-economic or direct control influence on the part of the subjects of state administrative activity on the relevant objects of control, regardless of the specific area of ​​public life. They find their expression in the commission by the subject of management of such management actions, the content of which manifests the imperious provision of the proper behavior of managed objects. Their direct nature means that the subject of management, within the framework of its competence, makes a management decision (a legal act of management), which is legally binding for the object of management, i.e., the addressee. There is a direct instruction (“command”), because the control action implies an imperative (directive) version of the will of the control subject. This nature of the control action follows directly from the imperious nature of control, which is one of the essential channels for the practical implementation of state power. It implies the exercise of executive power.

The non-economic nature of these methods means that the real object of management is the conscious-volitional behavior of the governed (be it a citizen or an enterprise, etc.). Proper behavior in the sphere of public administration is ensured through the will and consciousness of the governed (“subordination of wills”). At the same time, they are used in necessary measure means of persuasion and coercion. The possibility of legal coercion to proper behavior is allowed, which, however, does not give grounds for identifying direct control action with coercion.

Taking into account the named qualities of administrative methods, it is obvious that without their use it is impossible to achieve the goals of ordering influence on the behavior of various participants in managerial social relations. Someone must solve the issues that arise daily in this area, for which the appropriate levers of legal power are needed. And they are in the hands of the subjects of public administration, which carry out administration. On this basis, the name of the methods most characteristic of these subjects arose - administrative.

Economic Methods public administration are forms and means of influencing socio-economic living conditions of people, organizations, social groups, sectors of the economy, territories. Economic methods are usually characterized as ways or means of economic or indirect influence on the part of the subjects of public administration on the relevant objects of management.

With the help of economic methods, the subject of public administration achieves the proper behavior of managed objects by influencing their material interests, i.e., indirectly, as opposed to methods of direct imperious influence.

The latter are missing here. The control object is placed in such conditions when it itself begins to act properly not under the influence of directive instructions of the control subject, but due to the fact that such behavior is materially stimulated. Most often, incentives are reduced to economic ones (for example, material incentives, the provision of property benefits, etc.). This stimulates the economic (material) interest of the object in the fulfillment of the tasks assigned to it. The control influence is carried out not directly on behavior (this can be done, but this cannot be done, etc.), but indirectly (indirectly), that is, through the impact on the material (property) interests of the control object. The proper behavior of the latter is achieved by the prospect of material gains, as well as by the threat of material sanctions. Consequently, the economic levers used in the process of solving managerial problems establish a system of material incentives. However, the control action is the content of such levers, which brings them closer in their ultimate goal to levers of a direct (administrative) nature.

The main instruments of financial and economic impact in public administration are:

  • 1) wage policy;
  • 2) state regulation of the main price proportions, tariffs, profits;
  • 3) tax policy;
  • 4) credit policy;
  • 5) customs policy;
  • 6) budget financing.

Under the influence of economic methods, social relations and processes become more flexible and adaptive.

Socio-psychological methods of public administration are a set of methods and means for the purposeful formation of mindsets, public feelings, psychological states, social calm or tension, mass optimism or pessimism, social activity or nihilism, social expectations, preferences, orientations, etc. Social and psychological methods are based on the use of moral stimuli, special methods of communication, images, metaphors and other methods of influencing emotions of people. Among the ways to motivate behavior, suggestion, persuasion, imitation, involvement, coercion, motivation, etc. are distinguished. The tools of socio-psychological methods are the promotion of socially significant ideas and spiritual values ​​through school, the media, literature, art and culture, the church.

Socio-psychological methods are methods of implementing managerial influences on personnel, based on the use of the laws of sociology and psychology. The object of influence of these methods are groups of people and individuals. According to the scale and methods of influence, these methods can be divided into two main groups: sociological methods, which are aimed at groups of people and their interactions in the production process (the external world of man); psychological methods that directly affect the personality specific person (inner world person). Efficient Management human resources, consisting of a set of highly developed personalities, involves knowledge of both sociological and psychological methods.

Socio-psychological methods of public administration, as a rule, are addressed to the dignity, honor and conscience of a person. They include measures of education, clarification and popularization of the goals and content of public administration, means of moral encouragement and punishment, taking into account the psychological characteristics of a person’s character, etc. Their meaning is to develop and maintain among the people certain beliefs, spiritual values, moral positions , psychological attitudes regarding social phenomena and processes.

It seems that public authorities, with the help of schools, culture and art, and the media, should set a clear system of coordinates for the moral behavior of a person in society. For example, the corresponding public institutions every day they must convince people that lying, stealing, giving and taking bribes is bad, but working highly productively, showing honesty, solidarity and mutual assistance in human relationships, being ready to defend the Fatherland is good.

It is obvious that public authorities are called upon to take care not only of the daily bread for a person, of reducing inflation, but also of the spiritual harmony of an individual and the people as a whole. If the institutions of the spiritual and moral sphere work inefficiently, then the human soul is struck by the spirit of decay, skepticism and the destruction of the state. Ultimate individualism, anarchism, mysticism, etc., begin to flourish in such a state. Therefore, in order to build a democratic, legal, social state, “a turning point, first of all, in the spiritual life of society” is required.

Among the socio-psychological methods of public administration in last years manipulations are widely used - a system of methods of socio-psychological influence on people in order to change their views and behavior in the direction desired for the manipulating subject. Especially often manipulative technologies are used in election campaigns. What manipulations with the consciousness of the people can do, says the following well-known fact: on the eve of presidential elections In 1996, Boris Yeltsin's popularity rating did not exceed 5%. However, the oligarchic clans, using huge amounts of money and manipulation in the media, ensured B. N. Yeltsin victory in the presidential election.

Next to the socio-psychological methods of state administration are ideological methods. A.P. Zerkin and V.G. Ignatov are right when they argue that the ideological methods of public administration are “not a relic of the Soviet system, as many supporters of the concept of deideologization of the state think, but a pattern. Another question is what ideology is used: state or non-state, progressive humanistic or reactionary. One can also say this: the ideology of the minority (the ruling class) or the ideology of the majority (the people) is always used in the state, there is no middle ground. Most often, the ideology of the minority is implemented in state and municipal administration. Ideological methods are aimed at activating the public consciousness of people. They form a system of motivations that matches the goals public policy.

The political methods of public administration relate to public policy developed and carried out by the ruling power. Political methods are manifested in normatively fixed forms, methods and procedures for identifying the will of the majority of the people in elections and referendums, during the discussion and adoption of normative legal acts, the development and implementation of such strategies as national security, as well as economic, social, etc. Political methods are designed to provide the necessary behavior of citizens in the electoral process and referendums (participation or non-participation), their positive attitude towards the policies pursued by state authorities and local self-government, etc. In this regard, one cannot but pay attention to the fact that, according to the results of some research, most Russians do not trust state bodies. For example, 98% of the population do not trust the police, 70% do not trust the government, and almost no one trusts deputies, 64% of citizens do not trust the domestic judicial system.

Among the most effective forms of the political process in a democratic state, one should note elections, referenda, parliamentary debates and hearings, deputy inquiries, opposition activities, round tables, television debates, etc. At the same time, the ruling party, in order to retain power and embellish the real state of affairs in the state, can use manipulation, persecution and repression.

Note that in the practice of public administration, all of the above methods of management are in interaction. No bad or good methods government controlled. For each situation, there are “own” methods or a special combination of management methods.

  • Zerkin D. P., Ignatov V. G. Fundamentals of the theory of public administration. Lecture course. Rostov n/D, 2000. S. 212.
  • Degtyarev A. A. Fundamentals of political theory. M, 1998. S. 82.
  • Atamanchuk G. V. The New State: Searches, Illusions, Opportunities. M., 1996. S. 197.
  • Zerkin D. P., Ignatov V. G. Fundamentals of the theory of public administration: a course of lectures. Rostov n/D, 2000. S. 218.
  • Kostikov V. The heart is tired of lies // Arguments and Facts. 2005. No. 26.
  • 9 "Ilyichev G. Almost half of Russians consider businessmen pests // Izvestia. 2005. July 15.

They are techniques and methods of purposeful influence on the participants in managerial interactions. Through these techniques, the function is implemented and the tasks are solved. Methods of state administration are used in the exercise of influence on society as a whole, and on its individual components, in particular, in the process of implementing state powers to streamline emerging social relations.

It should be noted that there can be no predetermination when choosing techniques and methods. To ensure the successful implementation of powers, even the same, but in different conditions, different methods of public administration are needed. This leads to a constant search for the most suitable means in one case or another. So, for example, for some situations it will be enough to apply a recommendation or a critical remark. While in another case, it will not even be enough severe punishment. In this case, expediency, professionalism of the manager, legal opportunities, and readiness to solve problems are of great importance. The psychological mood of the subordinate object is also important.

The methods of public administration are applied on behalf of the state, are endowed with an official character and are used in the established strict procedural order. This is the main difference between these methods and others.

Methods of public administration are divided into two main groups in accordance with who is directed, to whom the impact is addressed. So, there are methods that ensure the organization of the functioning of the regulatory apparatus and methods that provide an impact on external objects.

Methods belonging to the first category are mainly reduced to the methods and techniques by which preparation and decision-making are carried out. These include, in particular, certain situations, analysis and collection of sociological, statistical and other data, the use of techniques scientific study environments and others. This category also includes methods of moral or material incentives for employees, the application of sanctions and control.

The content of the second group is determined in accordance with the status of the object of influence. According to this, management can be carried out by direct influence on the subordinate (subordinate) object, by coordinating the activities of different areas of managerial interactions, by establishing relationships between different subjects in the course of implementing agreements and contracts on the basis of fixing general order implementation of activities. This group should also include such methods as counseling, coordination and others.

There are also methods of subsidiary, decentralized and centralized control.

Centralized (subordinate) influence is applied by the authorities within the circle of objects of jurisdiction and within the framework of the relevant competence. This sphere includes the area of ​​state property management, protection of state security and national interests, determination of the jurisdiction of the state and its subjects. The category of techniques used includes the means of prohibition, permission, imposition of responsibility, coercion.

Dispositive (decentralized) impact allows you to apply various ways agreement. Management is carried out through the conclusion of agreements, contracts, adoption joint decisions.

Subsidiary (indirect) influence is complementary traditional forms management.

    The concept and types of forms of government.

    Features of legal acts of management as a form of public administration.

    The concept, features and types of public administration methods.

I.Form of government - this is an external manifestation of specific actions that are carried out by government bodies to implement the tasks assigned to them.

In each specific case, government bodies and officials choose the most appropriate form of management activity for them, based on the competence, purpose of this body, its functions, features of a particular object of management, etc. At the same time, it is important to note that only those forms of management that are provided for by the current legislation should be used. Otherwise, the question will arise about the legitimacy of state administration and the consequences to which it has led. At the same time, this does not mean that the subject is deprived of the possibility of choosing one or another form in each specific case.

The form of management is closely related to the procedure for its implementation, since each of the forms has its own procedure and must be carried out in accordance with it.

In administrative science, such forms of public administration are generally accepted as:

publication of normative acts of management . Such acts include: The procedure for conducting personal files of employees in executive authorities, the Charter of the Academy of Legal Sciences of Ukraine; Regulations on a general educational institution, etc.;

publication of individual management acts. As a rule, these are legal acts that are not sources of AP, but they are legal facts that are associated with the emergence, change and termination of administrative legal relations. An example of such acts may be a decree of the President of Ukraine on the appointment of a minister;

conclusion of administrative contracts;

implementation of legally significant actions. Such actions are carried out on the basis of laws or other by-laws and are aimed at the occurrence of certain legal consequences. These include: state registration; publication of official documents; licensing; drawing up an administrative protocol, etc.;

carrying out organizational activities. Organizational measures are aimed at ensuring the activities of the state body as a subject of public administration. These activities include: holding meetings; development of methodical recommendations and instructions; holding press conferences, etc.;

implementation of material and technical operations. The normal functioning of the state body is due to the implementation of a number of logistical operations, which include: office work, registration, registration, analysis of information, preparation of analytical and statistical data, etc.;

The first four forms of government belong to legal, as they entail certain legal consequences. The last two belong to illegal, because they do not entail the onset of legal consequences.

Administrative contract This is one of the types of public law contracts. It is an agreement based on the norms of administrative law and the voluntary consent of two or more subjects of the AP, an agreement providing for the emergence, change or termination of the mutual rights and obligations of its participants.

The following functions are assigned to the administrative contract as one of the types of forms of public administration:

    democratization of executive power;

    protective;

    educational;

    security;

    social compromise.

The administrative contract is classified according to the following criteria: 1) according to the subject criterion; 2) by content.

According to the subject criterion, contracts are distinguished:

contracts in the field of public administration. property;

contracts with students, military personnel;

contracts providing state needs;

cooperation agreements;

investment contracts.

purely organizational and mixed (organizational issues related to labor, property); purely administrative and combined (together with administrative legal relations they regulate labor, civil, etc.).

ІІ. Legal acts of management the most common legal form for the implementation of tasks, functions of executive power and public administration. Legal act of management- this is a legal document of a state-imperious nature, which is adopted by the authorized body of state administration or its official unilaterally in order to ensure management functions and tasks.

The legal significance of legal acts of management lies in the fact that they:

may be a legal basis for the adoption of other management acts (for example, the order of the Ministry of Education and Science of Ukraine is the basis for issuing an order by the rector of the university on the relevant issue);

normative legal acts of management establish, change and terminate the rules of law; ensure the uniformity of regulation of social relations for an unlimited range of subjects; determine the procedure for bringing to administrative responsibility, etc.;

Individual legal acts of management act as legal facts of the emergence, change and termination of public relations of government entities (for example, the issuance of an order for admission to the civil service is the basis for the emergence of a new status of a person - the status of a civil servant);

they can act as legal documents or evidence in a legal process (For example, an order for the dismissal of a civil servant from office is the basis for the emergence of a court case for the resumption of employment, etc.);

legal acts of management act as legal means of carrying out administrative reform, implementation of personnel policy, legal protection of the rights and freedoms of citizens, etc.

Legal acts of management are characterized by a number of features that reflect their essence.

A legal act of management is adopted by an authorized subject of state administration within its competence. It can be taken either individually or collectively.

A legal act of management is always a management decision, since it is precisely such a management decision that constitutes the content of a legal act. It is developed and adopted in compliance with the rules of the management process and is aimed at solving a specific management problem or ensuring the execution of state management tasks and functions.

A legal act is a legally authoritative expression of the will of a public administration body or its official. The state, represented by state administration bodies, not only adopts acts of state administration, but also ensures their execution, including the means of administrative and legal coercion.

The legal act establishes mandatory rules of conduct in the field of public administration. In other words, such an act, by the nature of legal prescriptions, is imperative.

A legal act is always a by-law, as it is adopted by a public administration body that carries out subordinate activities, is adopted on the basis of laws and in pursuance of laws.

The legal act of management has a special form and procedure for its adoption. In the vast majority of cases, the legal act of management is adopted in writing. The procedure for adopting a legal act of management is of no small importance. It is important to point out that at present there is no single legislative act that would provide for a single procedure for the adoption of legal acts of management.

ІІІ. Methods of public administration - these are methods and techniques of direct and purposeful influence of state administration bodies (officials) on the subjects of management subordinate to them. Methods of public administration are inextricably linked with the forms of public administration. The method of public administration necessarily finds its expression in the form of public administration. For example, it is impossible to apply administrative responsibility (coercion method), if such responsibility would not be defined by law (management form).

The essence of the management method is manifested both in the will of the subject of management to other participants in administrative legal relations, and in the nature of the expression of will.

Choice of one method or another. management depends on many indicators: the competence and powers of the public administration body or officials, the specifics of the management object, the goals and functions of public administration, etc.

In administrative science, it is customary to distinguish the following methods of public administration: persuasion, encouragement, coercion, supervision, regulation, guidance, subordination, coordination etc.

Belief - this is one of the main administrative and legal methods, which manifests itself in various explanatory, educational, organizational means for the formation of the will of a subordinate. The methods of this method are teaching, propaganda, explanations, exchange of experience, etc.

Coercion - a type of state coercion, which is used by competent state bodies (officials) in order to prevent and stop an administrative offense, as well as to ensure that the perpetrator is brought to administrative responsibility.

Encouragement - this is such a way of influence, which through interests, consciousness directs the will of people to the implementation of useful, from the point of view of the subject of management.

Ways, methods of influence of the subject of management on the object of management within the framework of managerial relations, which are used to achieve the goals and objectives of management, the implementation of management functions.

Main features public administration methods:

  1. implemented in the process of management activities;
  2. organically linked with the intended purpose of a certain type of management activity;
  3. express the managerial impact of the subject of state administration on the object of management;
  4. act as a means of implementation by the subject of management of their powers within the competence;
  5. addressed to a specific control object;
  6. associated with the characteristics (state) of the object of management influence;
  7. are the best way to achieve the set management goals in the current conditions;
  8. need legal mediation;
  9. have a scale (territorial and temporal) binding.

By the nature of the impact There are direct (administrative) and indirect (non-administrative) methods of public administration.

Persuasion, encouragement and coercion are recognized as universal methods of state administration.

14.2. Methods of direct (administrative) influence: features and types

Peculiarities administrative methods:

  1. carry out a direct impact of the subject on the control object;
  2. are imperative, directive;
  3. unambiguity (specificity) of instructions;
  4. wide application of administrative acts;
  5. are implemented in the mode of control and supervision activities;
  6. obligatory occurrence of negative consequences in case of counteraction by the object;
  7. the result of the impact occurs promptly (quickly), but may not occur;
  8. the result may disappear in the event of termination of the managerial (compulsory) impact.

According to the form of expression (reinforcement) allocate administrative-legal and administrative-organizational (non-legal) administrative methods.

By legal properties: normative and personal.

According to the method of regulation: imperative (categorical), surety and recommendatory.

14.3. Persuasion as a method of public administration

Belief- the process of purposeful influence of the subject of management on the managed object, as a result of which the ideas, values, attitudes of the subject become internal ideas, personal attitudes of the management object.

Means of persuasion affect the consciousness of the object or the will of the object.

Elements beliefs are the mastery of attention, suggestion, the impact on consciousness, the operation of emotions, the formation of interest.

There are the following funds(ways) of persuasion:

  • education- the process of purposeful formation of knowledge, skills;
  • agitation- dissemination of ideas in order to attract the masses to active social and political activities in the field of public administration;
  • propaganda- dissemination among the masses, popularization of ideas, teachings, knowledge, including through the use of mass media;
  • explanatory work- activities to explain the content of something;
  • criticism- negative judgment and indication of shortcomings in some (someone's) activity;
  • condemnation of antisocial behavior- expression of disapproval, censure of deviant (deviant) behavior.

14.4. Encouragement as a method of public administration

promotion- a method of influence of the subject of management, applied to the object of management with a positive assessment of its activities, the presence of merit in order to encourage further success in activities.

Peculiarities promotions:

  1. is a method of public administration;
  2. the actual basis for the use of encouragement is merit, high performance;
  3. is a reaction to the past behavior (activity) of the control object;
  4. implemented through the application of specific incentive measures;
  5. has a specific addressee;
  6. carried out within the framework of special administrative and incentive proceedings;
  7. the result of the application of incentives cannot be appealed;
  8. stimulates further active activity of the control object.

Depending on the legal basis encouragement can be regulated by legal norms and not having legal consolidation (public gratitude).

By content allocate such types of rewards as moral (gratitude, Certificate of honor, entry on the Board of Honor), material (cash award, valuable gift), status (having the legal status of a management object, for example, the award of the honorary title "Honored Builder of the Russian Federation"), mixed (includes both moral and material or status encouragement, for example conferring the title of Hero of Russia).

The incentive can be applied to individual subjects, to collective subjects, and to individual and collective subjects.

14.5. Methods of indirect public administration

Peculiarities indirect methods:

  1. are a kind of public administration methods;
  2. the influence of the subject of management is indirectly on the object of management by changing the conditions of its functioning;
  3. objects of management have the opportunity to choose options for behavior within the framework defined by law;
  4. the result comes much later than when applying administrative measures;
  5. backed by a system of guarantees.

Socio-psychological methods- public administration methods aimed at creating a proper moral and psychological climate in the team.

Types of socio-psychological methods:

  1. methods of managing social and mass processes (formation of personnel, authority of the executive authority, etc.);
  2. methods of managing collective entities (forming a single team, increasing collective responsibility, mutual understanding, etc.);
  3. methods of managing the behavior of individual subjects (formation of a sense of responsibility, unity, etc.).

Types of psychological methods:

  1. humanization of labor;
  2. acquisition of small groups and teams based on psychological compatibility workers;
  3. methods of psychological motivation;
  4. methods of psychological selection of workers when hiring.

Economic Methods- type of public administration methods, exerting an impact based on the use

The variety of public administration functions is associated with the use of various methods for their implementation. Methods of public administration are ways of the state's imperious influence on the vector of development of public and state affairs. They show how the state influences and controls people's behavior. Based on the methods and techniques that are used by the subjects of public administration to achieve their goals and perform functions, the following groups of methods are distinguished.

1) Administrative methods - regulatory requirements of the state, obliging both subjects and objects of state administration to act in a certain way. They are based on the order of the subject of management, their failure to comply entails bringing to various types of responsibility. Examples. Every working citizen of Russia is obliged to pay taxes to the budgets of different levels, to exchange a citizen's passport at the age of 20 and 45 Russian Federation, the state is developing for this certain rules, a package of documents, etc. Civil servants are required to submit an income declaration for the past calendar year by April 30 of the current year.

2) Economic methods are ways of creating certain conditions by the state in which it is beneficial for the managed object to act as the state wants. Such methods are based on the presence of citizens, organizations and the state of material interests that determine their actions, and the degree of economic activity is determined by the development and volume of material incentives. Examples. Development and implementation of state tax policy; tax incentives, for example, in order to increase the share of foreign investment in the Russian economy, the practice is to reduce the tax rate on foreign capital, “tax holidays” for specific enterprises. Stimulation of the development of the private sector of the Russian economy is achieved, among other things, through the provision of state property for rent, concession. Another example is the system of state social security - the payment of increased and nominal scholarships, pensions.

3) Ideological methods are the purposeful moral and ethical influence of the state on the consciousness of people, propaganda and agitation by the state. Another applied name for this group of methods is socio-psychological. Examples. A classic example is the warning of the Ministry of Health and Social Development of the Russian Federation about the dangers of smoking, which must be indicated on every pack of cigarettes. Social advertising that has become a part of life Russian society and aimed at the formation of civic consciousness and law-abidingness: “Pay taxes and sleep peacefully”; “Slipping into a red light, you can say goodbye to white”, etc .; propaganda healthy lifestyle life.

4) Legal methods are methods of state administration performed within the limits and in accordance with the procedure established by the Constitution, laws and other legal acts in force on the territory of the country. Among the legal methods, one can single out legislation, state-administrative management, justice, and control. Examples. Creation on the basis of Art. 80, 85 of the Constitution of the State Council of the Russian Federation as an advisory body under the President of the Russian Federation in order to facilitate the exercise of the powers of the President of the Russian Federation as head of state.

5) Extralegal methods. Among them, two subgroups are distinguished: organizational and technical, which are committed in accordance with legal norms, but their procedure is not regulated in detail by law, and illegal, which are committed in violation of current legislation. Example. Organizational and technical non-legal methods are used in the activities of units of the Ministry of Emergency Situations of Russia in extreme conditions. Each emergency situation is unique, and no legal act can provide for all possible and necessary options for action or inaction, their validity and adequacy to the current situation. Illegal methods - the use of violent measures to disperse a sanctioned rally; misuse of funds from the federal or regional budget by a civil servant.

Each of the considered groups of methods is characterized by a specific will of the state - these are permissions, requirements, prohibitions, responsibility, control and supervision, etc. In real management practice, the adoption and implementation of state decisions is possible only on the basis of a synthesis of various management methods: load, and there are reinforcing or providing methods.

Example. When creating the Stabilization Fund of the Russian Federation, the main method is economic; legal support of this process is a legal method that plays a supporting role; explanatory measures presented through the media about the need for such a step - an ideological method that acts as a providing or reinforcing one.

Any managerial activity is carried out according to a logical scheme: awareness of the goals and objectives of management - choice of management method - development and implementation of management tools.

In the study of public administration, various general scientific and special methods are used. Among scientific methods great importance have analysis and synthesis. With their help, for example, the branches of state power (legislative, executive, judicial, etc.) are singled out, the concepts of the state apparatus (in the broad sense), municipality, and local self-government are created.

The logical method is applied - (with its help various conclusions are made, for example, about the principle of legality in management), the formalization method (it helps, for example, to create various classifications), comparative method (allows you to compare the possibilities different ways public administration), quantitative methods (including statistical ones, indicating the composition of the administrative apparatus), forecasting method (for example, a conclusion about the possible sprouting of new branches of government), extrapolation (spreading the signs of this phenomenon to other similar phenomena), modeling (artificial reconstruction of those or other management procedures), experiment (practical verification of the activities of certain governing bodies under conditions created by the experimenter).

When studying public administration, the historical method is widely used (for example, by using historical data, trends in public administration are revealed), specifically sociological methods and techniques (questionnaires, interviews, surveys of the population, state and municipal employees), socio-qualitative research methods (for example , to identify social preferences different groups employees), legal (study of regulations governing public administration), comparative-legal (for example, comparison with foreign management models, contrasting comparison) methods.