Most scientists of the XXI century conduct research on man in terms of his social interaction with the outside world. Such actions help highlight the most effective ways of social regulation. It should be noted that the search process began long before the advent of the existing civilization. An interesting fact is that even in ancient Rome people knew: the most successful “invention” of regulating social relations is law. Since that time, this concept has not lost its strength.
To date, in the Russian Federation, almost all of the life of citizens is regulated by legal norms of various branches of legal science. This allows, first of all, the state to exercise universal control and dictate its will. However, a large number of questions are caused by the management process itself, which is carried out by the state power already mentioned in the article. The term “management” itself has several rather interesting meanings. As for the state, there is its own specificity - both legal and practical. In the article, we consider the concept of management and types of management through the prism of the corresponding legal industry - administrative law.
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 sectors of human life. Based on this, the characterization of the term can be given in completely different ways.
In philosophy, management is understood as a specific activity of any entities aimed at achieving a goal or a number of goals. During such an activity, a change in an object occurs. The philosophical concept gave a starting impetus for the creation of a “classic” universal term. Thus, management, essence, concepts, the types of which will be presented in the article, are a specific process of control, organization, planning and motivation, which is necessary to achieve the goals. As for the specifics of this category, it can be easily traced in the military and administrative environment.
The specifics of military management
We have already noted the fact that the concept of command and control in the military environment has its own specifics. The same can be said about administrative law. Features of this industry will be presented later in the article. As for military affairs, management, a concept, signs, the types of which are presented below, are a complex of measures whose purpose is to coordinate the actions of individual military formations. At the same time, management entities must maintain an organization in these formations of an appropriate level that will meet the basic requirements of the state’s defense capability.
Thus, there are several types of management in military affairs, namely:
- Command and control of all troops is a process of coordination and maintenance of general combat readiness at all levels of the armed forces of a state.
- Air traffic control allows you to coordinate the activities of military aviation.
- Formation control arises for the most part during a direct military conflict, when uniform structured combat units are formed from different branches of the armed forces.
Thus, given the above specification, we can conclude that military control has a number of characteristic features.
What is administrative law?
Now let's try to understand the specifics of administrative law. Indeed, 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 is relatively young in the vast Russian Federation. It was formed in the USSR and partially the Russian Empire - the ancestor of modern Russia. Initially, it was a purely police branch of the state legal system. However, closer to the XXI century, scientists have found that the management process, like other mechanisms in the country, is subject to certain legal laws. When analyzing the specifics of the management process, it became clear that it is the subject of administrative law, as it incorporates public features. Thus, the legal industry has changed significantly.
Today, administrative law comes from management, since it is considered the main subject of regulation of the industry. It follows that the content, features and types of management can be distinguished, studied and considered within the framework of administrative science.
Management in Administrative Law
The general concept and types of management in administrative law are studied everywhere by scientists, because this is the highest priority issue in modern Russia. It is within this legal branch and concurrently with science that the most controversial moments of coordination of public life through state power are studied. In other words, the issues of interaction between state bodies of all echelons and citizens both in aggregate and separately are considered.
Given all the above features, we can conclude that management (a concept, features, the types of which will be presented later) in administrative law are actions that have a managerial character. 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 features 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 allows you to more effectively and efficiently implement this category in the real regulation of public relations.
Administrative structure
The concept of management and its types are directly related to the structure of this specific category. We have already indicated that it is precisely 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 control is always people. Some scholars include state authorities among the subjects, which is fundamentally wrong. After all, even government bodies are actually made up of people. It should be noted that the subjects are divided into two large groups: sole (individual citizens of the Russian Federation) and collegial (social groups). In addition to social relations, the object of management are systems, for example, formations of people, all kinds of phenomena (economic, legal, etc.).
The most interesting and important element is the content of management. It characterizes the package of relations that is actually regulated in the implementation of management activities. In addition, the content includes specific ways of influencing these legal relations, as they are carried out using certain methods and methods. In fact, the substantive element of the presented administrative-legal category is the very “root” of the state management process. Based on it, various types of the institution considered in the article are distinguished.
The main types of management in administrative law
It should be noted that the types and signs of management stand out only by analyzing certain types of this category of administrative law. Theorists of the industry put forward many hypotheses on this issue over the years. The main problem was that scientists could not agree on a typology of management in administrative law. Affected by the fact that management, the essence, concept and types of which are presented in the article, is a truly complex structure. Nevertheless, a typology was created, consisting of four elements, which exists to this day. She offers the following types of management in administrative law:
- The technical type of control, that is, the coordination of the activities of objects on the basis of generally accepted rules of physics, mathematics, etc.
- Biological management has incorporated ways to influence 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, which will be described below.
- A key type in administrative law is government. The analysis touches upon such issues as the essence of the state, the interaction of the country and society, government and individual citizens.
Thus, the presented typology is the "standard" of domestic administrative law. The study of its elements allows you to see the concept and types of forms of management, the key features of not only the institution of managerial activity, but also the entire branch of legal regulation.
Types of management in administrative law
The concept and management methods are inextricably interconnected terms that actually complement each other. But their essence is most clearly seen through certain types of categories presented in the article. It should be noted the fact that many people quite often confuse the concepts of “types” and “types”. In this case, it must be remembered that a species is a certain combination of methods and ways of influencing specific social relations. And the type, in turn, is only a separate targeted area of focus. The concept of management and its types, as mentioned earlier, are complementary. Thus, various sets of methods in administrative law can be distinguished based on the definition of the term.
To date, theorists of administrative law identified three main types, namely:
- public administration;
- collective;
- family.
As we understand it, the general concept and types of management presented above allow us to reveal the essence of this specific legal institution. Therefore, they must be considered separately from each other. It should be noted that we mark management as an institution of administrative law, since the category presented in the article combines not only a specific set of methods and methods, but also uniform legal norms of regulation.
Public administration: concept and methods
The concept of management, its features and types in the prism of administrative law are directly dependent on the state. In fact, in this industry, the institution of administration is the source of the highest authorities in the country. Public administration, in turn, has incorporated the most important methods and principles of activity of state bodies. What is it like? Thus, public administration is a type of activity of state bodies, as well as their officials, aimed at implementing a given political course. The performers 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 imperative. This is not at all surprising when one takes into account the fact of the presence of the right of imperious command, which is vested in the state in the person of its main bodies. Some scientists often attribute the implementation of public administration only to the executive authorities of the Russian Federation. This theory is mostly erroneous. Because the judiciary and the legislature also contribute to the process of regulating society. In some cases, the legislature is more important than other branches, because it is the legislature in the Russian Federation that has the highest priority.
Principles of Public Administration
The concept, content and types of state-oriented management are also supplemented by the presence of certain principles on the basis of which this activity is actually carried out. Today in 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 civil rights and freedoms. In addition, the legal approach enshrines the principle of the predominant place of the Constitution in the hierarchy of legal acts and the entire legal system.
- Political principles are for the most part the idea of translating political doctrine. Today in Russia there is a growing trend that state power exists to maximize the realization of the idea of democracy. The political approach is actually a protest of any kind of discrimination, violation of freedom of speech, etc.
- The managerial approach establishes the principles of efficiency, economy and effectiveness of public administration.
- The last set is the “Pesik group of principles”, which was developed in the 20th century by the Polish scientist Pszec Pesik. The peculiarity of the group is that it combines several relatively uniform principles for the implementation of public administration. Thus, a unified provision is created that state power should be “convenient” for the people. It cannot violate the rights of citizens of a given state, but, on the contrary, must support and provide them. The effectiveness of power should be manifested primarily in the health of the nation and in foreign policy well-being.
We have already pointed out earlier that the content, features and types of state-oriented management largely depend on the principles presented above. In fact, it is thanks to these principles in the Russian Federation that the activities of government bodies have the highest level of efficiency in the process of regulating public relations. It is also necessary to take into account the fact that the concept, types, management functions in administrative law are largely “built” on the starting points of the industry and institution.
Social Management in Administrative Law
A specific type in the administrative sector is social management. It has the following features:
- The object of influence is always people, that is, society.
- All emerging relationships in the process of social management are of a dispositive, legal nature.
- This type of management is based on the priority of the will of man, and not the imperative command of the state.
- The subjects, as a rule, are mostly people and their formed groups. As for the authorities, in the structure of social management this is a special subject.
Thus, on the basis of the presented features, we can conclude that, in contrast to the state, social management arises in the environment of interaction of citizens. At the same time, authorities only in some 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 question 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 presented institution and administrative law as a whole. In addition, the study of managerial legal relations is necessary for the organization of the effective work of authorities, however, this is not the subject of this article.