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• Introduction
• Chapter1. The essence and concept of administrative control
• 1.1 Characteristics of the administrative control process and its components
• Chapter3. Forms of control
• 3. 1 Dynamics of control

Introduction

The peculiarity of administrative control is that it is control within the administrative system itself. Heads of the administrative apparatus are obliged to supervise the actions of subordinates, regarding the legality of actions, their necessity, expediency and effectiveness. This form of administrative control includes the right to give orders, directions, instructions, the right to change or cancel decisions made by subordinates. Control by senior managers is supplemented by the activities of special internal supervisory bodies - inspections.

In the organ system state power there is a special system of supervision of higher authorities over the activities of lower ones. The authorities of the constituent entities of the Federation, on the one hand, are subject to supervision on a number of issues by the federal authorities, and on the other hand, on individual issues are inspection and control bodies in relation to municipal authorities.

State special supervision bodies in specific areas assigned field of activity municipalities, as well as their unions and target associations are the executive bodies of state power of the subjects Russian Federation, whose supervisory functions are determined by relevant special provisions in law.

So, legal supervision activities of districts and municipalities are carried out by the justice body of the constituent entity of the Russian Federation.

Within their competence, supervisory authorities have the right to:

administrative control mechanism form

send recommendations and methodological materials to local government bodies and local government officials for solving assigned tasks;

in case of failure to fulfill the tasks of municipalities or their obligations, the state special supervision body should call on local government bodies, officials local government to take the necessary measures;

issue and send to local government bodies, local government officials notifications of objections to their decisions and actions (inaction) and recommend, based on considerations of expediency and efficiency, within certain period, cancel or change specified solutions and actions (inaction);

submit in cases where local government bodies, local government officials do not comply with the recommendations of the state special supervision body within the established time frame, submit to the state legal supervision bodies.

The initiative for administrative control does not necessarily have to come from administrative bodies. Individuals or legal entities who have been discriminated against by the actions of government authorities may appeal to the administrative leadership of the relevant body with a complaint about actions or inaction with a request to take measures to cancel or change the decision causing harm.

Chapter 1. The essence and concept of administrative control

In the process of evolutionary development of the organizational control system, such a new direction of control activity as controlling was formed and firmly entered into the theory and practice of modern management.

E.A. Smirnov defines controlling as a set of all forms of control activities designed to objectively and qualitatively analyze and evaluate the work of an organization for its development or improvement based on its goals. At the same time, this author identifies four main components of controlling, namely:

· administrative control;

· technological control;

· audit;

· functional, comprehensive and systemic audit.

However, such an approach to classifying the main areas of controlling is not entirely correct for the following reasons. First, revision (i.e. documentary check financial- economic activity organization) and audit (i.e. documentary verification of data on the relevant professional activity, establishing the level of their compliance with certain criteria, norms and standards) are rather tools or methods of controlling, and not its directions.

Secondly, since in the management system two main subsystems can be distinguished - managed and managing, then in organizational controlling it is advisable to distinguish two main directions covering the activities of the two above-mentioned subsystems.

Thus, in the controlling system of a modern organization, two main directions can be distinguished: administrative control and executive control.

Administrative control should be understood as all types of activities aimed at obtaining information about the operating efficiency and current state of the organization’s management system.

Then executive control involves the implementation of all types of activities to assess the current state and effectiveness of the managed system of the organization.

Taking into account the specifics of this work, we will further describe the organization’s controlling system with a bias towards administrative control and an emphasis on government bodies. To do this, it is first advisable to clarify the definition of the concept of “administrative control”. Various researchers hold different opinions on this occasion.

For example, E.A. Smirnov defines administrative control as checking processes and phenomena, as well as constant monitoring of them in order to record the current state and possible deviations from the values ​​​​established by the administration to ensure that the organization achieves its goals.

This approach to defining the concept of “administrative control” does not seem to be accurate enough, since from the above definition it is not clear about monitoring which processes going on speech. If this refers to all the processes occurring in the organization, then this definition most likely corresponds to the concept of controlling as a whole, and not its component, which is administrative control. If we are talking about the processes of functioning of an organization, then it can be argued that this definition corresponds to the concept of “executive control”.

Based on the above, the definition of E.A. It is advisable to supplement Smirnov with a clarification that administrative control involves monitoring the processes occurring in the control subsystem of the organization's management system.

A slightly different definition of the concept of “administrative control” is proposed by M.M. Maksimtsov. He believes that administrative control should be understood as monitoring the compliance of the real powers of the manager (executor) with the powers recorded in the documents regulating the activities of the organization.

Such a definition seems too narrow, since it affects only one of the areas of functioning of the management system, namely, the distribution of powers and responsibilities. However, such aspects remain unattended management activities, such as making and implementing management decisions, forming the system and structure of the organization, managing information flows, etc.

Taking into account the disadvantages discussed above, it is possible to develop a new, more accurate and full definition concept of "administrative control".

Under administrative control in the most general view one should understand management activities aimed at determining the current state of the control subsystem of the organization's management system and the processes occurring in it, in order to identify possible deviations from a given operating mode.

Having clarified the definition of administrative control, it is impossible not to say a few words about its main purpose.

The main goal of controlling in general and administrative control in particular is to obtain timely information about whether goals have been achieved and tasks have been completed. At the same time, it is important that all control systems promptly record any deviations actual indicators from planned. This will allow timely adjustments to be made to the functioning of the organization.

The practice of modern management shows that the majority of highly qualified specialists are creative and responsible people. This kind of worker cannot stand petty supervision when the manager controls their every action. They prefer to independently identify their mistakes and correct them, while achieving fairly high results. Therefore, the basis of modern organizational controlling is the concept of “control in exceptional cases.” The application of this concept in the practice of managing an organization allows us to avoid the routine, widespread assessment of the activities of the organization’s employees and to cultivate in them the ability and desire to work independently and “conscientiously”,

This allows the organization’s management to achieve two important goals at once. First, improve the quality and efficiency of the organization. Second, satisfy employees' needs for respect and self-expression.

The basic principles of administrative control are based on four components that allow the head of an organization to determine what, when and where to control, as well as who should exercise control.

Principle key elements control is based on the provision according to which standards are an element of planning.

Control can be significantly facilitated if the organization’s management identifies a small number of main (key) elements (indicators, criteria) and devotes attention to them most your attention.

The principle of the place of control is for the head of the organization to find out in which structural divisions of the organization actions that are crucial for achieving operational goals take place.

Most often, control is exercised from the highest levels of management of the organization, which inevitably leads to a decrease in its effectiveness. In the case of monitoring in places where specific work is performed, the manager can quickly obtain the necessary information from some performers and immediately forward it to other performers, making control faster and more effective.

The principle of adherence to control deadlines allows for more efficient and timely use of information obtained in the process of control activities and a quick response to changes.

The principle of self-control is to provide the company's employees with the opportunity to independently assess the results of their own activities and make the necessary adjustments to it in a timely manner.

In the administrative control system, three main closely interrelated elements can be distinguished, namely:

establishing standards for the condition and functioning of the managed system;

assessment of the current state of the control system and the processes occurring in it to identify possible deviations;

elimination of identified deviations, i.e. bringing the control system into a state that meets established standards.

1.1 Characteristics of the administrative control process and its components

Let us consider the above elements of administrative control in more detail.

Standards for the state and functioning of the management system are developed in the process of organizational regulation and represent the main criteria for administrative control,

The development of organizational (administrative) standards includes two main stages:

1) determining methods for assessing established criteria and developing rating scales;

2) calculation of the labor intensity of administrative control, i.e. determining the amount of work that must be performed to carry out control measurements.

Based on the fact that complete control of administrative activities is a rather labor-intensive process, the organization’s management, as a rule, uses in its activities sampling methods carrying out control activities.

The sampling control system usually uses such indicators as:

number of operations performed;

speed of performing specific operations;

number of documents processed;

working time costs;

quality of managerial work (number of errors);

economic or socio-psychological effectiveness of managerial work.

In an administrative control system, it is especially important to correctly develop methods quantification controlled indicators.

It is quite easy to estimate the values ​​of those indicators that are expressed in any single equivalent, for example, the amount of processed documentation or the speed of management operations (the time spent on making and implementing management decisions).

Objective difficulties arise during the assessment process quality indicators, such as the psychological situation in the team or the level of image of the leader and the organization as a whole. To determine the values ​​of such indicators, expert assessment methods are usually used.

Assessing the current state of the government management system as an organization includes collecting necessary information, as well as its generalization, processing and analysis.

To collect and summarize information necessary for administrative control, executive authorities create special systems observations. These systems are divided into two main types: visual and automated.

Data collection is carried out by establishing strategic control points, in which the controlled indicators are measured. The number and layout of such points are determined by the labor intensity and complexity of the operation or process that is subject to administrative control.

For some types of work, this assessment is quite simple. Timing of specific processes allows us to determine with a sufficient degree of accuracy the amount of time spent on performing a specific job. For example, assessing operator performance personal computer possible in accordance with the number of key strokes during the working day. In addition, you can output absolute or relative indicators number of errors and failures during a certain time,

In other types of work where it is impossible to accurately determine the quantity actions taken, it is necessary to use other assessment methods.

The collected information is compared with established standards in order to draw a conclusion about the compliance of the actual values ​​of the monitored indicators with the normative ones.

Elimination of identified deviations can be carried out in several ways:

· modification of goals;

· making changes and adjustments to planned tasks;

· restructuring of the management system (redistribution of powers and responsibilities, retraining of personnel, etc.).

The administrative control mechanism is a set of tools used to assess the processes and phenomena occurring in the management system of the executive authority,

The main tools of administrative control are budget control, management (administrative) audit, statistical observation, personal observation, reports and meetings.

Budgetary control is used to obtain comprehensive information about the income and expenses of executive authorities. The budget is a basic plan for the education, distribution and use of financial resources by these institutions.

Budgets serve as benchmarks financial activities executive authorities and are used to check the compliance of the actual financial results of the activities of executive authorities with the planned indicators.

An administrative audit is a set of control actions that make it possible to obtain objective and timely information about the current state and functioning of the management system.

The main objects of administrative audit are:

· mission, goals and objectives;

· laws and principles of formation, development and functioning of the organization;

· organization strategy;

· functions of the organization;

· structure of the organization;

· control technologies;

· internal and external communications;

· management decisions;

· information Technology;

· document management systems.

An administrative audit gives the manager the opportunity to correctly use the financial, material, energy and human resources allocated for the creation and operation of the management system of executive authorities.

Administrative audit must be carried out in strict accordance with its fundamental principles. Let's consider the basic principles of administrative audit.

The principle of highlighting the main thing states that when conducting an administrative audit, the subject of control should focus his attention on the main, key points and not be distracted by studying secondary factors.

The principle of conformity requires that the professionalism of the employee drawing up the audit report corresponds to the degree of complexity of the said report.

The principle of encyclopedicity suggests that in the group of workers drawing up the audit report, it is necessary to have a generalist in the field of formation and operation of the management system, capable of comparing accounting data with existing standards.

The principle of completeness is as follows: the more accurate and reliable the conclusion about the state of the control system is required, the more of its elements should be subject to control.

The essence of the principle of consistency is that when conducting an audit it is necessary to take into account mutual influence control system elements.

The meaning of the principle of centralization comes down to the fact that all audit reports on individual elements of the management system should flock to one specialist to draw up an objective and reasonable general conclusion.

The standardization principle states that each form of control of control system elements must have a corresponding standard.

The principle of timely use of controlled data requires that the auditor be provided with reliable information on the state of the management system on a timely basis.

Statistical observation can be used to determine the quantity, quality and timing of a particular job. Typically, statistics are compiled to determine how much work was completed, over what period of time, and how many errors were made.

The advantage of statistical control is that deviations from the norm can be easily established through simple comparisons of indicators. The only difficulty with this is the need to process significant volumes information. Statistical data can themselves serve as a final indicator of control activities, but most often they serve as an information base for making management decisions.

Certain aspects of the functioning of the management system cannot be subjected to quantitative measurement. In this case, the only way to exercise control is personal observation by the manager. The advantage of this method is that it makes it possible to obtain first-hand information, but the disadvantage is that it takes too much time.

In some cases effective tool Administrative control may include reports from employees and subordinate managers. Reports can be informative (contain only factual information without comments) or analytical (contain an analysis of the information collected).

If the reports contain information about deviations from established standards, then such reports are called reports on deviations from the norm.

Depending on the method of formalization, reports can be oral, written, or electronic. Oral presentations are characterized high degree efficiency and are used in cases where it is necessary to report either everyday minor events or unexpected serious deviations. Written reports are useful for routine monitoring over an extended period of time. Electronic form The report is used in cases where the controlling and controlled person are located at a considerable distance from each other.

The responsibility for drawing up the report usually rests with the manager working group or other structural unit. In the administrative management system, formalized control systems are often used, when the methodology for drawing up a report and the procedure for transmitting it to senior management are clearly developed.

Any report must contain information:

about the identification, time of occurrence and degree of detected deviation from the norm;

about the possible reasons for the deviation;

Along with reports, meetings play an important role in the system of operational control of executive authorities. Meetings avoid wasting extra work time on voluminous written reports and provide the team leader with the opportunity to quickly obtain reliable information. operational information. Meetings can be useful for assessing such important intangible factors as the psychological atmosphere in the team or the state of the image of executive authorities.

All control systems, regardless of their type, are subject to certain requirements, compliance with which is an integral condition for the effectiveness of their functioning. Such conditions include the following:

1) the control system must comply with goals, objectives and plans;

2) the control system must be understood and accepted by heads of all levels of government of executive authorities;

3) the control system must be economical, i.e. ensure maximum efficiency of control activities at minimal cost;

4) the control system must ensure its timely implementation;

5) the control system must be flexible, i.e. have the ability to quickly adapt to changes in external and internal environment executive authorities.

Chapter 2. Contemporary issues in administrative control and ways to solve them

2.1 Monitoring administrative control issues

The essence of legality consists in a uniform understanding, awareness and precise implementation of actions to comply with the norms and rules of current legislation, primarily by government bodies, public organizations and other non-governmental associations, officials and citizens. The law must apply to all spheres of activity of state power, its bodies, officials, to the activities of non-state structures and to the consciousness and behavior of all citizens of society. Strict compliance with laws by government agencies and their officials is especially important. The basis of the essence of the principle of legality is, first of all, that the state that issued the law does not have the right to violate it. Nothing has a more negative effect on the legal consciousness of citizens than violation of laws by government bodies and their officials.

This principle is enshrined in Article 15 of the Constitution, which states that state authorities, local governments, officials, citizens and their associations are obliged to comply with the Constitution and laws, while laws and others adopted regulations, must not contradict the Constitution of the Russian Federation. By-laws, in turn, should not contradict the Constitution of the Russian Federation and federal laws, and be issued within the powers and competence of the relevant bodies and officials, in established by law in order and in a certain form. This contains the basic requirements that constitute the essence and content of legality.

Executive authorities, government bodies, administrations of state associations, enterprises, institutions and organizations widely apply laws and regulations in their activities, while they themselves issue a large number of normative legal acts, which should not only not contradict the laws, but also work for goals formulated in laws. Laws must reflect not only the authoritative dictates of the state (the degree of its power), but also the expediency, morality of this power, and most importantly, the legality of everyday behavior and actions of the government. That is, laws cannot be implemented in the real life of society without ways and means of ensuring the rule of law, the real operation of its mechanism for everyone without exception.

It is well known that having only the required number of good laws and other regulations is not enough for optimal regulation of social relations. The main thing is to ensure their exact execution by those entrusted with their use. Particularly intolerable are cases where inaction, or even direct violations of laws, are allowed on the part of bodies and officials of the executive branch and public administration. This negatively affects not only the functioning of government bodies, but also the consciousness and behavior of all citizens. In this regard, the state must steadily ensure the rule of law and discipline in the activities of executive authorities and public administration.

Under state discipline implies conscious obedience of all citizens to orders and rules, established by the state and its authorized bodies, strict adherence to norms of behavior, consistency in actions, and as for civil servants, their fulfillment of their job responsibilities and orders from superiors. The measures taken to strengthen discipline help ensure the rule of law.

In order to strengthen the rule of law and discipline in the executive branch, a lot of work is being done. This is the improvement of the system of executive authorities and more precise regulation of their legal status; determination of official duties and rights of civil servants, the limits of their personal responsibility; adoption of legal acts providing for administrative and judicial procedures for the restoration of violated rights and legitimate interests citizens; instilling in citizens a sense of respect for the law, increasing their legal culture.

At the same time, it works special system state bodies and public organizations, which is entrusted with the responsibility of maintaining and strengthening the rule of law and discipline in the sphere of executive power. The various legal and organizational types and methods of activity, practical techniques, operations, forms of work are collectively called methods of ensuring the rule of law. This is control, supervision and appeal (implementation of the right to complain).

In general, control is a system for monitoring and checking the process of functioning of an object in order to eliminate its deviation from the specified parameters.

The essence of control in the sphere of executive power lies in the fact that authorized state bodies (legislative, executive, judicial authorities) and public organizations, using organizational and legal methods and means, find out whether the activities are under control. control bodies executive power and their officials any deviations from the law, and if there are any, they are promptly eliminated, the rights violated are restored, the perpetrators are brought to justice, and measures are taken to prevent violations of the law and discipline.

In the course of carrying out any serious reforms, difficulties inevitably arise in the area of ​​maintaining the rule of law and discipline, which is understandable. However, this should not escape the field of state control, since it is during the period of reforms that signs of anarchy and disorder are most intolerable.

For some time part of the Russian public opinion was subject to certain illusions about the essence of a market economy, which supposedly does not require any government intervention and is completely capable of governing itself. Now the inconsistency of this point of view and the harm it causes to society are obvious. Even the non-state sector of the economy requires quite significant intervention from government bodies, and even more so, any self-removal of power from regulating the public sector and monitoring the activities of the relevant executive authorities is unacceptable.

During the period of widespread desire for sovereignty, separatist tendencies emerged in a number of regions, resulting in the adoption of regulations that contradict federal legislation and other phenomena that weakened order in the state. In addition, the turbulent political processes of recent years have led to many changes in the system of government, which also significantly weakened the control system. There was an urgent need to create a new control system that would be able to function effectively in economic and political democracy. The desire to create such a system is already noticeable. This includes the adoption of a number of regulations on control issues, the creation of new control bodies, the resumption of the work of the Constitutional Court of Russia, and measures to coordinate the actions of the center and regions.

Of particular importance in this regard is the federal law “On Accounting”, adopted on November 21, 1996 No. 129-FZ as amended on March 28, 2002.

Main tasks accounting are:

generation of complete and reliable information about the activities of organizations and their property status;

providing information needed by internal and external users accounting reports to monitor compliance with the legislation of the Russian Federation;

prevention of negative consequences of economic activities of organizations.

Effective control allows us to judge the actual state of affairs, how laws are implemented in areas of management, and how effective the by-laws issued by executive authorities are. Based on the information received, it is possible to quickly eliminate shortcomings in rule-making activities, make changes and additions to regulations, and improve their quality. Control information plays a big role in the implementation of tasks economic reform, saving resources, improving the system of executive authorities, determining the professionalism of management personnel, in the fight against bureaucracy and crime among civil servants.

Control as a way to ensure legality is characterized by certain characteristics.

Firstly, in most cases there is a relationship of subordination or jurisdiction between the controlling body (official) and the controlled object.

Secondly, the object of control is both the legality and expediency of the activities of the controlled person, when the controller has the right to interfere in the current administrative and economic activities of the controlled person. The law (normative act), as a rule, provides significant freedom of choice for the executive authority, without offering a rigid model of behavior for each specific situation; hence the need for strict control not only over the legality, but also over the expediency of controlled actions.

Thirdly, the controller is often given the right to overrule the decisions of the controlled person.

Fourthly, in appropriate cases, the controller has the right to apply measures of influence to the controlled person for committed offenses.

The forms of control activities are very diverse: hearing reports, information and messages, inspections, examinations, monitoring the actions of the controlled (for example, on registration, licensing, certification), studying the business and personal qualities of candidates for positions, coordinating the activities of control bodies, considering complaints and so on.

Of particular importance are inspections, which consist in establishing factual data and collecting information on the implementation of regulations on the issues being inspected. For successful control, in addition to knowledge normative material, practical experience in inspection issues is required, as well as knowledge of the methodology and technology for its implementation.

Depending on at what stage of the activity of the controlled object the inspection is carried out, a distinction is made between preliminary, current and subsequent control.

Control exercised over the activities of executive authorities by the legislative, judiciary, public organizations, is called external control, and that carried out by higher executive authorities within their system is called internal control.

Supervision as a way of ensuring the rule of law in the sphere of executive power differs from control. Supervision consists of constant, systematic monitoring by special government bodies of the activities of bodies or persons not subordinate to them in order to identify violations of the law. At the same time, the assessment of the activities of the supervised object is given only from the point of view of legality, but not expediency. Therefore, during supervision, unlike control, interference in the current administrative and economic activities of the supervised person is not allowed.

There are two types of supervision: prosecutorial and administrative.

Prosecutor's supervision is carried out over the uniform execution and observance of laws by all state bodies and its officials, as well as non-state associations and their officials.

Administrative supervision is a specific type of state control. Its essence is to monitor the execution special norms, generally binding rules. Enshrined in laws and regulations (fire safety, traffic, sanitary, trade, environmental and other rules).

The subjects of administrative supervision are federal authorities supervision (for example, federal mining and industrial supervision of Russia, federal supervision of Russia on nuclear and radiation safety).

The peculiarity of administrative supervision is that there is no organizational subordination between the subject and objects of supervision, and the subjects of supervision can apply measures to objects in case of violations administrative coercion.

Current legislation defines several groups of powers of bodies exercising administrative supervision:

1) powers to prevent crime;

2) powers to suppress offenses;

3) rule-making powers;

4) powers to prosecute for offenses.

The legislation defines the powers of some administrative oversight bodies; they have the right to impose fines on legal entities.

And the last, most common way to ensure legality and discipline in public administration is the right of citizens to file a complaint against the actions or inaction of government bodies and their officials that infringe on the rights and freedoms of citizens.

An appeal is understood as the exercise by citizens of their right to express claims to bodies and officials of the executive branch and public administration regarding their violated rights and freedoms. Article 33 of the Constitution of the Russian Federation provides that citizens of Russia have the right to apply in person, as well as to send individual and collective appeals to state bodies and local governments. Every citizen has the right to go to court in accordance with the Law of April 27, 1993 “On appealing to the court actions and decisions that violate the rights and freedoms of citizens” and the Federal Law of December 14, 1995 No. 197-FZ “On introducing amendments and additions to Law of the Russian Federation "On appealing to court actions and decisions that violate the rights and freedoms of citizens."

2.2 Ways to improve the administrative control mechanism

One of the most effective and perhaps the most democratic methods of improving administrative control from the point of view of the legal mechanism is administrative supervision. Although in its own way it can be considered both an instrument and an independent mechanism of administrative control, it is still more expedient to influence the systems of state control with such an instrument.

Administrative supervision plays a special role in ensuring legality and discipline. Supervisory activities are an important component of the activities of executive authorities and public administration.

For example, federal executive authorities whose main activity is administrative supervision include: Federal Mining and Industrial Supervision of Russia, Federal Supervision of Russia for Nuclear and Radiation Safety, State Committee for Standardization and Metrology, as well as various inspections in federal executive authorities ( road safety, fire safety, fishing, geodetic, veterinary supervision, communications supervision, etc.).

Administrative supervision has its own characteristics.

Administrative supervision is the systematic monitoring of accurate and strict compliance with laws and regulations, carried out by specially authorized management bodies within their competence on issues within their jurisdiction in relation to enterprises, institutions and organizations that are not organizationally subordinate to them. The supervisory activities of such management bodies are aimed at compliance with special norms in force in all or many sectors and areas of management, regardless of departmental subordination.

In general, administrative supervision as a type of control is the activity of specially authorized state bodies and officials monitoring the implementation of all special legal norms and generally binding rules - by all legal entities and individuals, regardless of departmental authority and forms of ownership, using, if necessary, measures state coercion to offenders.

The main goal of administrative supervision is to ensure the safety of citizens, society, the state, as well as ensuring the required quality of products and services, determined by special legal regulations.

In the structure of federal executive authorities, federal supervision of Russia includes: federal mining and industrial supervision of Russia; Federal supervision of Russia on nuclear and radiation safety. It should be noted that with very frequent changes in the structure of the federal executive authority, these supervisions exist all the time as independent bodies of executive power, the objectivity and relevance of the functions they perform is undoubted.

The scope of the competence of federal supervisions of Russia and the subject of their jurisdiction are determined by the Regulations on them, approved by the President of the Russian Federation. Thus, the main tasks of the Federal Mining and Industrial Supervision of Russia, according to the Regulations on it dated December 3, 2001 No. 841, are: organizing the regulation of relations to ensure industrial safety and exercising state supervision over strict compliance by federal executive authorities, various enterprises and organizations, officials and citizens require the safe conduct of work in industry, the design and safe operation of equipment; organization and implementation of mining supervision in order to comply with relevant regulatory requirements and establishing rules and regulations for the safe conduct of work, as well as ensuring the protection of subsoil and processing of mineral raw materials.

The Federal Mining and Industrial Supervision of Russia has territorial government bodies in its structure. Officials of these bodies, in case of non-compliance with safety requirements for work, consider cases of attracting the guilty individuals and legal entities to administrative liability. The Federal Supervision of Russia for Nuclear and Radiation Safety (Gosatomnadzor of Russia) operates on the basis of the regulations approved by Decree of the Government of the Russian Federation of April 22, 2002 No. 265 and reports directly to the Government of the Russian Federation. In its structure, Gosatomnadzor of Russia has territorial (regional) government bodies (districts and inspectorates). In his work he interacts with the International Atomic Energy Agencies (IAEA). For violation of norms, rules and instructions, officials responsible for work at these facilities are subject to administrative liability. Administrative supervision over the efficient use of energy resources is carried out by the Main Directorate of Supervision (Glavgoskomenergonadzor), located within the structure of the Ministry of Energy of the Russian Federation. The regulation on Glavgoskomenergonadzor was approved by a decree of the Government of the Russian Federation of August 12, 1998. Special control as a type of administrative supervision is carried out by the State Inspectorate for Trade, Quality of Goods and Consumer Rights Protection (Gostorginspektsiya), located within the Ministry of Trade of the Russian Federation. TO special types Administrative supervision refers to the administrative supervision of the police over a certain category of persons released from places of imprisonment. This administrative supervision is carried out in accordance with the Law of April 18, 1991, as amended on August 4, 2001, “On the Police.” The main purpose of this type of administrative supervision is to prevent new offenses and provide educational influence on supervised ones. The following preventive and preventive measures can be applied to this category of citizens in strict accordance with the law: prohibition of leaving home (apartment) in certain time; prohibition of stay in certain points of the district (city); prohibition of travel or limitation of travel time for personal matters outside the district (city); reporting to the police for registration one to four times a month. These restrictions are applied both in full and partially depending on the lifestyle, marital status, place of work and other circumstances characterizing the personality of the supervised person.

Chapter 3. Forms of control

Most researchers pay attention to the dynamics of forms of control in changing socio-economic conditions. In connection with this there is whole line typologies describing different systems, forms of control and the circumstances in which they function most effectively in terms of the technical, political and economic conditions of the organizations. These classifying systems link administrative control to the specific conditions for its implementation. Remaining within the framework of the logical structure proposed by Mike Reed to describe analytical approaches in management research, consider how differently the problem of administrative control is formulated in them.

Those scientists who work in line with the technical approach base the typology of control on environmental factors, either directly influencing the work of the organization, or operating at the level of the social system as a whole. In his work, J. Woodward, for example, examines the connection between administrative control structures and the characteristics of production technology and its formal organization. Another researcher, A. Etzioni, builds a typology of administrative management systems in connection with the forms of managerial power and the involvement of ordinary workers in management.

J. Thompson presents a more integrative analysis that conceptually reworks many of the most significant studies of administrative control represented by the technical approach. According to Thompson's model, three different levels of control can be distinguished in the organization of work - technical, administrative and institutional. Technical control is concerned with the problem of effectively performing basic operational tasks (for example, materials handling); administrative control (managerial control) acts as a mediating mechanism here, establishing a connection between production activities and consumers finished products, while providing the resources necessary for production; Institutional control refers to activities that provide ideological support to an organization from the outside, from the political system that provides it with resources.

According to Thompson, managers in the presented model play a key role as an intermediary between the internal closed system (production) and the external open system (society). Administrative control mediates internal system based on production's need for certainty and reduced unpredictability, and external system, institutional, acting under the influence of external variables. In the logic of this analysis, the administrative management system, maneuvering between the requirements of operational stability (ensuring a continuous production process) and the external socio-economic environment, “smoothes out the unbalancing influence of external sources and additionally influences the production process, modifying it.”

This approach to technical aspects administrative management was subsequently continued in a whole series works They reflected the turn from a purely rationalistic assessment of control structures to the idea of ​​processes. The study of these processes connects the influence of environmental elements with organizational agreements formed as a result of managerial struggle for power. As a consequence, a complex and subtle analysis of the ideas that substantiate management systems and their structure in the form of power relations between managers and those they manage arises. Among management researchers, there is growing interest in management strategies as a decision-making process that connects the contingencies of the external environment, management policy and the structure of the organization. At the same time, ideas from technical and political approaches are combined.

A whole area of ​​empirical research has emerged. One of the studies was conducted by T. Barnes, who studied administrative structure And organizational processes V national system healthcare in the UK. This work was devoted to the study complex processes, thanks to which a rational management system gives rise to internal conflict over access to resources. Such a conflict has a negative impact on the subsequent development of the organization. Another study carried out in line with the tradition under discussion was carried out under the leadership of E. Pettigrew. In this work, an analysis was made of the political skills of various individual representatives and entire management groups. The degree of development of such skills, the differences between separate groups in this area of ​​social life are of key importance for gaining access to organizational resources, and as a result - a good political effect.

The political tradition provides, in the works of its followers, the most systematic analysis of the role of “dominant coalitions” within management in the decision-making process. The original explanation of the concept of dominant coalitions in management, proposed by J. Child, reveals the structure of management decision-making. These decisions are made taking into account the main values ​​and symbols that selectively legitimize certain characteristics of situations. Employees’ assessment of a particular state of affairs is based on the current situation in the organization cultural context. Child made the subject of his research unobtrusive and hidden control mechanisms that make it possible to create political alliances between elite groups and mid-level specialists to achieve power.

The topic of manipulation of dominant values ​​and symbols by managerial and power elites in organizations is a rich resource for studying processes that are hidden in the formal management system and are presented in literally all works on the sociology of organizations. “Power is concentrated and institutionalized in the form and norms of rationality, and political processes in them appear in their pure form. This is not entirely true in those systems where power and politics are latent in nature, and the processes of rational decision-making occur in parallel with the formulation of directions of political activity.” .

Within the framework of the critical approach, the development of studies of administrative control initially consisted of studying the dual nature of administrative activities. The first component of it consists, according to theorists of the critical approach, in the creation and manipulation by management of various kinds of ideological constructs. The second aspect of management is the process of managing the system of power relations that determine the structure of the organization.

Michael Burawoy's work "The Politics of Production" is a striking example of this type of research. The author is based on the initial thesis of critical theory that in capitalist industrial system The nature of labor relations is the inevitable conflict between labor and capital. This conflict is often implicit, but permanent. IN labor process it lies in the objective confrontation between the interests of workers and managers, restraining the efficiency of production, sometimes spilling out in the form of open acts of disobedience. Burawoy's research concerns the central role of management in the creation and maintenance of those "specific ideological and political institutions around production that serve the hidden and safe way extraction of surplus value. Managers are busy achieving consensus at the shop floor, reducing the tension of the class struggle and thereby guaranteeing the continuity of the reproduction of capitalist production relations." According to Burawoy, the main task of management is to "reduce or eliminate unaccounted labor costs, since this is how the production of profit is achieved." Managerial control is necessary In the capitalist organization of work, because of the existing fundamental antagonism between labor and capital, the institutions and practices of administrative control are designed to reduce this opposition that underlies the regime (the system of institutions imposed from above that reproduce. certain type social relations) at the enterprise. This also ensures the functioning of the power and ideological mechanisms necessary to regulate conflict in production.

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Administrative control as a way to ensure legality and discipline is a special type of state activity of specially authorized executive authorities and their officials, aimed at strict and accurate execution by executive authorities, commercial and non-profit organizations, as well as citizens of generally binding rules that have important for society and the state.

N.M. Konin defines control as “a specific form of activity for systematic monitoring and supervision of the activities of subjects of administrative-legal relations in order to verify the compliance of their decisions and actions with the requirements of the law.” Konin N.M. Russian administrative law. a common part: Lecture course. Saratov: SGAP, 2001. - P. 326. He sees the specificity of administrative supervision in limiting the competence of supervisory authorities by checking only the legality of the actions of supervised subjects. Based on highly specialized nature executive activities individual state executive bodies, N.M. Konin comes to the conclusion that they use in their activities “a special unique organizational and legal method of ensuring the rule of law - control and supervisory activities that integrate both elements of control and elements of supervision.” Right there. P. 329.

Here it is advisable to cite the opinion of V.M. Gorshenev and I.B. Shakhova: "... from the point of view of the specific purpose of the forms of activity of state bodies in relation to each body... one can distinguish: planning activities, organizational and executive activities and control (or supervisory) activities." Gorshenev V.M., Shakhov I.B. Control as a legal form of activity. - M., 1987. - P. 19. Thus, control and supervisory activities are inherent in internal affairs bodies, as executive authorities that implement specific law enforcement functions. The ratio of control and supervisory functions depends on managerial relations, which the internal affairs bodies enter into.

In the scientific literature, there are quite a lot of judgments about the content of control and supervision.

According to V.P. Belyaev, “the control function in its content includes three elements: obtaining the necessary information; its analysis and evaluation; responding to identified deviations from the established rules and requirements.” Belyaev V.P. Control and supervision as a means of implementing legal policy // Legal Policy and legal life. - 2003. - N 4. - P. 41. Such a reaction is expressed in the application of coercive (administrative) measures to objects. In our opinion, this statement can also be applied to administrative supervision. In support of the above, it is advisable to cite the point of view of R.V. Vladimirov, who identifies the “inclusion” of the jurisdictional mechanism as one of the elements of the content of administrative supervision. Vladimirov R.V. dis. ... Ph.D. M., 1998. - P. 55. He defined the limit of “inclusion” as the use of administrative coercive measures until the moment of appointment administrative penalties. At first glance, the above suggests that there is no difference between control and supervision. However, this is a misconception. The significant difference between administrative control and supervision of internal affairs bodies lies precisely in the scope of the relevant competence, in the depth of penetration into the activities of the controlled object.

The competent authority, including the jurisdictional mechanism, is inevitably forced to bring what it started to its logical conclusion. In other words, having identified a deviation from the regulated procedure for carrying out the activities of a controlled (supervised) object, the internal affairs body, represented by its competent official, must take full measures to administrative investigation and consideration of the case and assign to the violator specific type administrative punishment. Otherwise, the purpose of control (supervision) becomes unclear. Ultimately, the core of all police powers is the right to forcibly force an indefinite number of people to do something or, conversely, to refrain from any action. Actually, this is why society, which is aware that the mechanisms of social self-regulation do not always work, has the police. Outside of the particularity under consideration, the police simply cannot be adequately understood. Solovey Yu.P. Legal regulation of police activities in the Russian Federation. Omsk, 1993. - P. 112.

The Code of the Russian Federation on Administration (Article 29.13) establishes the need to submit submissions on eliminating the causes and conditions that contributed to the commission of an administrative offense to government bodies, enterprises, institutions, organizations, and public associations, mandatory for consideration. Moreover, it is not determined whether this measure specifically relates to control or supervision, therefore this norm is applied both based on the results of control and the results of supervision. This provision also does not prove the absence of differences between control and supervision. This is just one of the components of the competence of the internal affairs body, implemented based on the results of control and supervisory activities. The reasons and conditions for committing an offense are established during the consideration of the administrative case. Intervention in the direct organization of the object’s activities occurs during the implementation of administrative control.

Administrative control and administrative supervision are carried out in a procedural form and can be classified as both jurisdictional and procedural proceedings. The criterion for inclusion in jurisdictional proceedings is the presence in the activities of the object of signs of an offense (or information about an offense), i.e. existence of a legal dispute. If such signs or information are absent and control or supervision is carried out as planned, then their results are documented in accordance with established procedure. Federal Law "On the Protection of the Rights of Legal Entities and individual entrepreneurs during state control (supervision)" // SZ RF. 2001. N 33. Art. 3436; 2002. - N 44. - Art. 4297.

Nevertheless, it seems necessary to distinguish between administrative supervision and control. In this course work we will operate with both concepts.

Firstly, the difference between supra-departmental or external control and administrative supervision lies in their content. External control bodies have a broader competence: it includes checking the state of affairs of the controlled object not only from the point of view of legality, but also the appropriateness of decisions made, which primarily reflects managerial, organizational aspect control activities. Administrative supervision is associated with checking only the legality of actions specific object supervision, thereby acquiring a legal connotation.

Secondly, control and administrative supervision differ in the scope of their powers. Control powers are associated with the intervention of control bodies in the operational and economic, specific production activities of the controlled object. At the same time, control powers allow for the possibility of using disciplinary power - bringing to disciplinary liability, up to and including the removal of the offending employee from his position. Administrative oversight bodies do not have such powers; they are limited to monitoring, checking compliance with certain norms, often of a technical and legal nature, generally binding rules, identifying and suppressing offenses, and bringing the perpetrators to administrative responsibility.

Thirdly, administrative supervision and control differ according to the objects of observation and inspection. From this point of view, administrative supervision includes three types:

• a) it is carried out in relation to an indefinite (non-personalized) circle of individuals and legal entities, regardless of their departmental subordination and form of ownership, who are not in any subordination to supervisory authorities, over their compliance with certain rules, for example, fire safety rules;
• b) administrative supervision extends to a certain circle of citizens, officials, legal entities and specific issues, for example, supervision of citizens’ compliance with the rules for the acquisition, storage and use of firearms, officials responsible for the safety and use of radioactive materials, color copying equipment;
• c) personalized administrative supervision carried out by internal affairs bodies in relation to some citizens released from prison.

Control powers usually concern specific bodies and their officials, enterprises, institutions, organizations, public associations and do not apply to citizens.

Fourthly, administrative supervision and control differ according to the entities exercising them. Administrative supervision is implemented in activities large number government bodies: these are specialized departments (for example, the Federal customs Service), state inspections and supervisions that are part of various ministries and departments (for example, sanitary and epidemiological supervision), other specialized supervisory bodies (for example, maritime, river, aviation registers), i.e. here we observe the completeness of the organizational separation of the subjects of this activity in common system state executive authorities.

Bodies of supra-departmental (external) control do not have such diversity. These primarily include some ministries and services (for example, the Ministry of Finance and the Ministry of Education and Science, federal Service security).

Fifthly, administrative supervision and control are implemented in various organizational and legal forms. Thus, administrative supervision may be accompanied by testing the knowledge of drivers’ traffic rules and the rules for handling service firearms of persons engaged in private security activities.

Organizationally, administrative supervision is a process of sequentially implemented steps or stages: preliminary - analysis of information about the supervised object, development and communication of relevant norms and rules of its functioning to the object of supervision; current - including systematic and direct observation, inspection, checks, during which violations are identified, preventive measures are applied, the disturbed order is restored, and the issue of the need to bring the perpetrators to justice is resolved; final - consisting of analysis general position object of supervision, identifying trends, developing proposals.

The legal forms of administrative supervision are also very specific. In particular, it is associated with the registration and issuance to citizens and legal entities of various permits, licenses, necessary documents (for example, passes to border zone), allowing them to realize their subjective rights in one or another area of ​​public administration.

Sixthly, administrative supervision and control characterize special methods of their implementation. For administrative supervision, the main method is direct constant observation of the relevant objects, verification of statements and complaints, as well as own initiative. The arsenal of external control methods is much wider: inspection, examination, audit, examination, etc.

Seventh, administrative supervision, as a rule, is associated with the use of administrative coercion, and supervisory authorities use administrative and preventive measures (for example, quarantine), measures of administrative restraint (for example, prohibiting the operation of faulty motor vehicles), measures of administrative procedural support (for example, seizure of things, goods and documents), administrative penalties. Consequently, administrative oversight bodies are also bodies of administrative jurisdiction. Bodies of supra-departmental, external control do not have such a volume of administrative and compulsory powers. Puzyrev S.V. On the issue of the content of administrative control (supervision) of the Internal Affairs Bodies. S.V. Puzyrev // Administrative law and process, 2006, N 3. - p. 31-35.

Summarizing the above, it can be noted that administrative supervision as an independent type of state activity to ensure the rule of law and discipline in the process of exercising executive power has the following features:

• - lack of organizational subordination of subjects of supervision and supervised objects;
• - the possibility of assessing the activities of supervised objects only from the point of view of legality and on a fairly narrow range of special issues;
• - impossibility of interfering in the operational and economic activities of the object of supervision;
• - Availability special object supervisory activities - norms, rules, requirements, standards contained in regulations, and their implementation by individuals and legal entities;
• - the possibility of independently applying administrative coercive measures in cases of detection of offenses or the emergence of security threats to various objects;
• - strict restriction these coercive measures within the legal framework; the presence of jurisdictional powers.

So, administrative supervision is a special type of state management activity carried out by special executive authorities in relation to bodies, enterprises, institutions, organizations, officials and citizens that are not organizationally subordinate to them regarding their compliance with generally binding norms, rules, standards, requirements using a complex administrative coercive measures in order to prevent, identify and suppress offenses, restore established order and bringing the perpetrators to administrative responsibility. Federal executive authorities, whose main activity is administrative supervision, include federal services, various inspections in federal ministries and other federal executive authorities (veterinary, fire, fishery, geodetic, etc. supervision), as well as territorial supervisory authorities (for example, energy). Some executive authorities can be called control and supervisory authorities, since in some cases it is difficult to distinguish control functions from supervisory functions, for example, in the federal customs or tax services. Therefore, the legislation does not always clearly distinguish between control and supervisory functions. Puzyrev S.V. On the issue of the content of administrative control (supervision) of the Internal Affairs Bodies. S.V. Puzyrev // Administrative law and process, 2006, N 3. - P.34. The activities of administrative oversight bodies are aimed at complying with special norms that apply in all or many sectors and areas of government, regardless of departmental boundaries. The goal is to ensure the safety of citizens, society, the state, as well as the proper quality of products, services and work.

Under administrative control in the most general form, one should understand management activities aimed at determining the current state of the control subsystem of the organization’s management system and the processes occurring in it, in order to identify possible deviations from a given operating mode.

The main purpose of administrative control consists of timely receipt of information about whether the goals and objectives have been achieved. At the same time, it is important that all control systems promptly record any deviations of actual indicators from planned ones. This will allow timely adjustments to be made to the functioning of the organization.

This allows the organization’s management to achieve two important goals at once. First, improve the quality and efficiency of the organization. Second, satisfy employees' needs for respect and self-expression.

There are various types of administrative controls.

In relation to the object of control:

1. External control– carried out external organizations in relation to the enterprise (state departmental and non-departmental control, independent financial audit).

   Internal control– carried out by managers and specialists, as well as elected management and control bodies. It is carried out with the aim of maintaining the organizational stability of business entities, identifying deviations from established plans and programs of activity and applying certain corrective actions, eliminating deficiencies in the work of structural subdivisions and individual performers.

By sources of information use:

1. Documentary control– various checks, audits, special surveys using large amounts of various information, plans, estimates, contracts, standards, statistical reporting, etc.

   Visual or natural control - This is the direct observation of objects with the naked eye or with the help of optical instruments.

By coverage:

1. Complete control.

   Selective control (as a rule, those decisions and orders for which deadlines are not of great importance are subject to control).

In the administrative control system of any organization, one can distinguish three main closely interrelated elements, namely:

establishing standards for the condition and functioning of the managed system;

assessment of the current state of the control system and the processes occurring in it to identify possible deviations;

elimination of identified deviations, i.e. bringing the control system into a state that meets established standards.

1. Standards for the condition and functioning of the control system are developed in the process of organizational regulation and represent the main criteria for administrative control.

The development of organizational (administrative) standards includes two main stages:

identifying ways to evaluate established criteria and developing rating scales;

calculation of the labor intensity of administrative control, i.e. determining the amount of work that must be performed to carry out control measurements.

The following indicators are usually used in a sampling control system:

number of operations performed;

speed of performing specific operations;

number of documents processed;

working time costs;

quality of managerial work (number of errors);

economic or socio-psychological effectiveness of managerial work.

Objective difficulties arise in the process of assessing quality indicators, such as the psychological situation in the team or the level of image of the leader and the organization as a whole. To determine the values ​​of such indicators, expert assessment methods are usually used.

2. Assessment of the current state of the organization's management system includes the collection of necessary information, as well as its synthesis, processing and analysis.

Data collection is carried out by establishing strategic control points during an operation or process, at which controlled indicators are measured. The number and layout of such points are determined by the labor intensity and complexity of the operation or process that is subject to administrative control.

The information collected is compared with established standards to draw a conclusion about the compliance of the real values ​​of the monitored indicators with the normative ones.

3. Elimination of identified deviations can be done in several ways:

modification of goals;

making changes and adjustments to planned tasks;

restructuring of the organization's management system (redistribution of powers and responsibilities, retraining of personnel, etc.).

This type of government control takes place in the system of administrative (government) management. It is carried out by all state executive bodies without exception in accordance with the rights granted to them and assigned to them legal obligations. Such bodies include the Government of the Russian Federation, federal ministries, federal services and agencies, their structural divisions and officials, as well as all executive authorities of the constituent entities of the Russian Federation, administration government organizations.

Government of the Russian Federation exercises systematic control over the implementation of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, international treaties of the Russian Federation by federal executive authorities, executive authorities of constituent entities of the Russian Federation, takes measures to eliminate violations federal legislation. It directs the work of federal ministries and other federal executive bodies and controls their activities. The Government of the Russian Federation also exercises control over the activities of executive authorities of the constituent entities of the Russian Federation within the jurisdiction of the Russian Federation and joint management Russian Federation and its subjects. Federal ministries coordinate and control the activities of federal executive bodies under their jurisdiction .