Government Forms

Any form of management is the implementation by the authorities in various ways of specific practical actions in order to solve the problems that they face. Some of them bear legal responsibility, others do not.

Forms of public administration are determined by those legal requirements, on the basis of which, the state controls the activities of authorities. They are enshrined in laws, articles of the Constitution, in standards and regulations. In certain conditions, officials, at their discretion, but without going beyond the scope of legislation, choose those forms that are most suitable for the situation.

This applies to that part of the activities of authorities that has a legal status. But most of their actions have no legal significance, that is, administrative law during their implementation does not undergo any changes. This is an organizational form of government activity. At the same time, non-legal forms and methods of public administration serve as the basis for the implementation in the future of actions of legal significance. And, on the contrary, these forms of management can arise after legal.

The actions of government officials are forms of government. They should not exceed the limits of their competence. These forms of state regulation are divided into non-legal and legal.

Authorities, as a rule, carry out actions that can be grouped according to certain criteria. The problem of isolating management forms has not been completely resolved. But in theory, it is still customary to distinguish between four forms of government:

1) Publication of management acts (normative). It involves activities that seek to comply with the law by establishing specific rules in the field of regulation. The creation of new acts is due to the fact that already existing general laws cannot cover all spheres of public life.

2) Publication of non-normative management acts (individual, administrative). They differ from normative acts in that they terminate, change or establish administrative legal relations. In addition, they are addressed to specific participants in management activities. After a one-time application of the rights and obligations by the participants of these relations, the action of individual acts ceases.

Both normative administrative acts and individual acts are secondary to the law, they are subject to it.

3) Carrying out activities of an organizational nature. It is carried out stably, systematically. Their goal is to ensure effective, clear work of the governing bodies. Their implementation does not affect changes in administrative legal relations. Activities for the organization of managerial activities are in no way associated with the creation of new laws, rules, and do not have legal significance. The use of specific forms of events depends on the characteristics of the objects that need to be managed, on their legal status.

4) Implementation of actions that solve logistical issues. They are additional in nature. Their purpose is to serve the management process. They create the necessary conditions for the use by authorities of other forms of government. This includes the preparation of reports, information, addressing issues of office work, conducting events, preparing materials for creating laws.

Since the forms of government do not have a classification recognized by all jurists, this division should be considered rather schematic and conditional. There are other types of it. For example, the following forms of government:

1) illegal, when legal acts are not necessary for carrying out managerial activities;

2) legal forms when managerial actions are connected with the rule of law.

Source: https://habr.com/ru/post/G41432/


All Articles