Administrative and Legal Methods of Public Administration
Along with the administrative and legal forms in the process of practical implementation of the executive power, an important role is assigned to administrative and legal methods of public administration.
In the conventional sense, the method means the way, the practical implementation of something. With regard to public administration, it means the method, the reception of practical implementation of tasks and functions of the executive power in the activities of executive bodies (officials) on the basis of the competence assigned to them, within the established boundaries and in an appropriate form.
Administrative methods are usually classified as methods or means of non-economic or direct of the control actions of the subjects of state-management activity on the relevant management objects independently from a specific area of social life. They find their expression in the commission by the subject of management of such managerial actions, in the content of which the author ensures the proper conduct of the controlled objects.
Administrative and legal methods of public administration are in unity with forms of public administration. The form of public administration determines the choice of the method of public administration, which is determined by the tasks of management. The method of state management always has as its addressee a corresponding object (individual or collective). In management methods, the state (public) interest, the governing will of the state, finds its expression in the corresponding volume.
Thus, under the methods of public administration are understood as certain rights determined by specific methods and methods of activity of executive authorities and their officials, carried out within their competence and causing legal consequences. The choice of specific methods of public administration is determined by the tasks facing the executive body or official, as well as their competence.
Administrative and legal methods of public administration have the following main features:
they are used in the process of executive and administrative activities of executive bodies and their officials in order to solve the tasks of public administration;
they are defined by the law and are fixed in legislative and other normative acts defining the status of subjects of state administration. This administrative and legal methods of public administration are different from economic, socio-psychological and other methods used in other areas of management;
they are expressed in specific methods and methods of implementation by subjects of public administration of tasks within their competence that cause legal consequences;
their choice is conditioned by the competence of the subjects of public administration.
In the sphere of public administration, there are two universal methods - conviction and coercion. These methods are universal methods of influencing the will and behavior of people in any sphere of activity, including in public administration. These are two interrelated, complementary "poles" a single whole, i. mechanism for ensuring proper behavior and law and order.
Using persuasion methods the proper behavior of participants in management relations is stimulated. These methods include such administrative procedures and methods of public administration as explanations, recommendations, application of incentives, etc.
To methods of coercion refers to bringing persons to administrative responsibility, as well as a number of other measures of administrative coercion. Coercion is traditionally considered as an auxiliary method of influence, used because of the ineffectiveness of persuasion. In case of violation of the requirements of administrative law, it is expressed in the application of disciplinary or administrative responsibility. If necessary, a special set of coercive measures is in place to ensure public security, together with the legal responsibility referred to as administrative coercion.
In the theory of administrative law, public administration methods are classified for other reasons.
So, by content the following methods are highlighted:
the establishment of rules of conduct of an obligatory nature;
order for certain actions, prohibition of certain actions or permission for certain actions;
state registration (licensing);
setting standards and quotas;
resolving disputes between participants in management relations;
the use of incentive measures and administrative coercion;
suspension or cancellation of legal acts of subordinate state bodies and officials, etc.
For legal properties administrative and legal methods of public administration are subdivided into normative and individual. The normative methods include the publication of legal acts governing management relations in certain areas, to individual ones - prescriptions in the form of direct orders to specific persons.
On the way of influence on the behavior of subjects administrative and legal methods of public administration are divided into those that oblige to perform certain actions, authorizing certain actions, and also prohibiting any actions.
By the form of the order , administrative and legal methods of state administration can be subdivided into imperative, surety and recommendatory.
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