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Файл:Английский язык для магистров в сфере государственного и муниципального управления = English for masters in state and municipal management. Практикум.pdf
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Unit 7 Advertising
1. What is the role of advertising in modern life?
2. What makes an advertisement misleading?
3. Why is it a two-way process?
Unit 8 Socializing in business
1. Why does a successful career depend on abilities to communicate effectively?
2. What are commonly used expressions to start, lead and finish communication?
Unit 9 Business correspondence
1. What are linguistic and stylistic peculiarities of formal letters?
2. What are linguistic and stylistic peculiarities of informal letters?
3. What are the rules for writing memos?
Unit 10 Telephoning
1. What are the steps of conducting a telephone conversation?
2. The language which is used for these steps.
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3 SELF-READING MATERIAL
TOPIC 1
BASIC CONCEPTS OF PUBLIC ADMINISTRATION
1.2 The concept of public administration
Management is a function of complex organized systems of any nature that
ensures the preservation of their structure, maintaining the mode of functioning
aimed at the implementation of their program goals.
The objects of management can be things, phenomena and processes, people,
and the subject of management is always a person or a collective entityadministration.
Social management is the management of numerous and diverse social
processes that take place in human communities: the tribe, the clan, the family,
various kinds of public associations of people, and finally, in the state as the broadest
and most complex stable human community.
The prerequisite and at the same time the driving force of the process of social
management is the power. It is well known that power, as a social phenomenon and
an integral property of the human community, serves as an instrument for the
organization of this society, as a regulator of the social relations that develop in it. In
the modern conditions of the current Constitution of the Russian Federation in the
system of management of all the affairs of society and the state, three main types of
social management can be distinguished: public, municipal and state.
Public administration is carried out within and within various types of
associations of citizens by governing bodies established by them on the principles of
self-government in accordance with the statutes, on the basis of local legal regulation,
supplemented by state administrative and legal regulation, strictly defined by law,
which is associated with the state registration of associations, supervision and control
over their activities.
Municipal government acts as a local self-government, acting as a public
authority that is closest to the population and protects the interests of citizens based
on their joint residence in a certain territory.
Public administration as a form of implementation of the prerogatives of the
state by its bodies and officials in the general system of social public administration
is the main sphere of action and application of the norms of administrative law. In a
narrow sense, state administration is understood as only one specific type of state
activity related to the implementation of the executive state power as one of the
branches of state power.
In a broad sense, public administration refers to the activities of any state
bodies of all branches of government.
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1.2 The essence of public administration
All types of state activities can be divided into three groups according to their
place in the system of implementation of state power, content and forms of
expression.
Generic consolidated forms of state activity carried out by state bodies of
legislative, executive and judicial power are usually called branches of state power.
According to its internal content, the activities of the bodies of each of these three
branches of government are complex and consolidated, as they include several forms.
For representative (legislative) authorities, the main and determining type of their
activity is legislative. Similarly, for executive authorities, the main and defining type
of activity is managerial executive and administrative activity, although they also
carry out other types of state activities: representative activities of the Russian
Federation in foreign countries, various forms of participation in legislative activities,
the development of foreign and domestic policy doctrines.
Specific specialized forms of state activity are derived from the three generic
branches of state power. These include the implementation of the prosecutor's power,
the activities of the Accounting Chamber, the Commissioner for Human Rights and
his office, the Central Election Commission, etc.
Functional forms of state activity, the content of which is the specific functions
of various law enforcement and other state bodies that carry out investigations,
inquiries, operational search activities, etc.
Public administration has a number of features. The main one is the practically
organizing nature of this type of state activity.
The purpose of public administration is the desire, ability and ability of
executive authorities to organize the practical implementation of general regulations
and norms of federal bodies and subjects of the Federation, decrees of the President
of the Russian Federation, as well as acts of the heads of the subjects of the
Federation.
The second feature of public administration is its continuous and cyclical
nature. All other types of State activities related to the implementation of legislative,
judicial, prosecutorial and other types of State power are intermittent.
The third feature of public administration is the executive and administrative
nature of this type of state activity. This attribute reflects the peculiarities of the
executive activity of state administration bodies and their officials in the practical
implementation of the general requirements and regulations of laws and acts of the
presidential power.
1.3 Methods of public administration
Public administration – a set of activities carried out for the purpose of
managing and controlling objects.
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In the study of public administration, various general scientific and special
methods are used. Among scientific methods, analysis and synthesis are of great
importance. With their help, for example, the branches of state power (legislative,
executive, judicial, etc.) are distinguished, the concepts of the state apparatus (in the
broad sense), municipal education, and local self-government are created.
The logical method is used (it is used to make various conclusions, for
example, about the principle of legality in management), the formalization method(it
helps, for example, to create different classifications), the comparative method(allows
you to compare the possibilities of different methods of public administration),
quantitative methods(including statistical ones that indicate the composition of the
management apparatus), the forecasting method(for example, the conclusion about
the possible offshoot of new branches of government), extrapolation(the spread of
signs of this phenomenon to other similar phenomena).), simulation(artificial
reconstruction of certain management procedures), experiment (practical verification
of the activities of certain management bodies in the conditions created by the
experimenter).
In the study of public administration, the historical method is widely used(for
example, through the use of historical data, trends in public administration are
identified), specific sociological methods and techniques(questionnaires, interviews,
surveys of the population, state and municipal employees), socio-qualitative research
methods(for example, to identify the social preferences of different groups of
employees), legal(the study of regulations governing public administration),
comparative legal (for example, comparison with foreign management models,
contrasting comparison) methods.
The most important role in the study of public administration is played by
methods of monitoring the activities of relevant bodies and officials, imitation
methods (for example, the organization of relevant business games that copy a certain
type of activity of a state or local government body), various private methods, the
study of documents, statistics, reports of relevant bodies, and media data.
The methods have specific characteristics:
1) the relationship between the object and the subject;
2) choosing the method to achieve the tasks;
3) terms (short-term and long-term).
1.4 Subjects and objects of state administration
Subjects of public administration are individuals and legal entities
(organizations) that manage or participate in management as subjects of management
relations. Citizens (Russians, foreigners, stateless persons) and public associations
can act as participants and, consequently, subjects of administrative relations with
state executive authorities, and state bodies, their structural divisions and employees as managing subjects in administrative and legal relations with each other in any
relations, as well as in relations with public associations and citizens.
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The objects of state administration can be various aspects of the administrative
and legal status of citizens and their public associations (actions, inaction, rights,
duties, responsibilities), as well as various aspects of the activities of socio-cultural
and other institutions, enterprises and their associations (joint-stock companies,
holding companies, financial and industrial groups, natural monopolies, closed
administrative-territorial entities, etc.).
Within the limits of the powers established by the law, the subjects of
management apply various means at their disposal: economic, political, and
ideological. In order to accelerate the development of an industry, a certain object,
preferences for it are established, state or municipal investments are provided.
The state (through a court decision) can ban a political party, prohibit the
propaganda of extremist ideology, etc.Various methods of incentives, permits,
requirements, prohibitions are used, and responsibility can be established for noncompliance. These funds direct the activities of people and their collectives.
Certain bodies and officials may use only such means of public administration
as are permitted to them by law. Different types of bodies and officials use different
methods of public administration, and each of them uses the methods and within the
limits established by the relevant legal act.
A branch of public administration is a collection of enterprises, organizations,
and institutions of a homogeneous socio-economic or socio—cultural profile that are
under the jurisdiction of a central federal (or federal subject) executive authority. And
the sphere of public administration includes the activities of special executive bodies
that carry out functional intersectoral regulation on the scale of all or at least many
branches of government.
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TOPIC 2
BASIC CONCEPTS AND CHARACTERISTICS OF THE STATE
2.1 Historical aspects of the concept of the state
The history of the State is inseparable from the history of society. It, together
with society, goes through a long historical path from the undeveloped to the
developed, acquiring new features and properties along the way.
The jurist N. M. Korkunov argued that " the state is a social union of free
people with a forcibly established peaceful order by granting the exclusive right of
coercion only to the organs of the state." In a word, many scientists characterized the
state as an organization of law and order, saw in it its essence and main purpose. But
this is only one of the signs of this phenomenon.
The famous statesman L. Dugi identifies four elements of the state:
1) the totality of human individuals;
2) a certain territory;
3) sovereign power;
4) the government.
The definition under consideration, which correctly reflects some features
(signs) of the state, has given rise to various simplifications. Referring to it, some
authors identified the state with the country, others-with society, and others - with the
circle of persons exercising power (the government).
The proponents of the psychological theory of law also disagree with this
concept. "The state is not a collection of people of a certain kind," N. F. Kokoshkin
argued, " but relations between them, a form of community, a certain psychic
connection between them." However ,the "form of community", the form of
organization of society-this is also only one of the features, but not the whole state.
The greatest step in overcoming the one-sided approach to the concept of the
state was made by Karl Marx, expressing in Capital the idea that the state
encompasses two aspects in its activity: both the performance of general affairs
arising from the nature of any society, and specific class functions, i.e., understanding
it as the unity of its two closely interrelated sides – universal and class.
Any state, along with solving purely class tasks, also fulfills a universal
mission, without which no society can exist. The implementation of common tasks
primarily includes the implementation of various collective needs of society: the
organization of health, education, social security, means of transport and
communication, the construction of irrigation facilities, the fight against epidemics,
crime, measures to prevent war and ensure peace, etc.
In modern educational literature, the state is defined as a political-territorial
sovereign organization of public power, which has a special apparatus, capable of
making its own dictates binding on the entire country.
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2.2 The concept and characteristics of the state
The state is a political organization of society that ensures its unity and
integrity, exercises through the state mechanism the management of the affairs of
society, the sovereign public authority, gives the law a binding meaning, guarantees
the rights and freedoms of citizens, the rule of law and the rule of law.
The main features of the state:
1) the territorial organization of the population and the exercise of public
power within the territorial limits.
The state has a strictly localized territory, which is subject to its sovereign
authority, and the population living on it is transformed into subjects or citizens of the
state.
The state differs from non-governmental organizations in that it represents the
entire population of the country and extends its power to it;
2) public (state) power.
It is called public because it does not coincide with the society, but acts on its
behalf, on behalf of the entire people.
The principal feature of public power is that it is embodied in officials, i.e. in
the professional class of managers, from which the management and enforcement
bodies (the state apparatus) are completed.);
3) state sovereignty.
The concept of "state sovereignty" appeared at the end of the Middle Ages,
when it was necessary to separate the state power from the church and give it an
exclusive, monopoly value. Now sovereignty is a mandatory feature of the state. A
country that does not have it is either a colony or a dominion. Sovereignty as a
property (attribute) of state power consists in its supremacy, independence,
independence.
The supremacy of State power within the country denotes:
1) the universality of its power, which extends to the entire population, all
parties and public organizations of a given country;
2) its prerogatives (the state power can cancel, recognize as null and void any
manifestation of any other public power);
3) the existence of such means of influence that no other public authority has
(the army, police or militia, prisons, etc.).
4) the indissoluble connection of the state and law.
Without the right, the state cannot exist. The law legally forms the state and
state power and thus makes them legitimate, i.e. legitimate. The State exercises its
functions in legal forms. The law introduces the functioning of the state and state
power within the framework of legality, subordinates them to a specific legal regime.
With this subordination of the state to the law, a democratic state governed by the
rule of law is formed.
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2.3 Types of state
Currently, there are two main approaches to the typology of the state:
formational and civilizational.
Until recently, the formative approach was recognized as the only possible and
scientific one, since it expressed a Marxist attitude to the question of the type of state.
Its essence is that the elucidation of the type of state is based on the
understanding of history as a natural—historical process of changing socio—
economic formations, each of which, in the conditions of the existence of classes,
corresponds to a certain type of state.
"Historical types of the state": slave-owning, feudal, bourgeois and socialist
types of the state.
Considering the formational approach to the typology of the state in close
connection with the Marxist doctrine of the state, it is impossible not to notice that
the Marxist interpretation of these issues plays a significant role in the scientific
explanation of the emergence and development of the slave-owning and feudal types
of the state.
The Marxist typology of states can be criticized, it can be abandoned, but first
you need to offer something more perfect in return. In the world literature, many
foundations of the classification of states have been proposed. More often than
others, there was a proposal to divide them into democratic and non-democratic ones.
Recently, the classification of states into totalitarian, authoritarian, liberal and
democratic has been very widely used.
In a totalitarian state, power is in the hands of the ruling elite, the dictator and
his entourage. The legal regulation is dominated by the "Everything is prohibited
except what is permitted by law"regime.
An authoritarian state is distinguished from a totalitarian state by the
penetration, albeit to a limited extent, of elements of democracy and the rule of law.
The liberal state is formed under the influence of liberal ideas and doctrines
that belittle the role and importance of the state in the life of society.
In a democratic state, conditions are created for the real participation of
citizens in the solution of state and other public affairs, all the most important bodies
of the state are elected and controlled by the people. Citizens have a wide range of
rights and freedoms guaranteed by law. Here the state serves society and the
individual.
English historian A. Toynbee proposed a civilizational approach to classifying
societies and states, which takes into account not only socio-economic conditions, but
also the religious, psychological, and cultural foundations of society.
The civilizational approach is based on the idea of unity, integrity of the
modern world, the priority of universal values.
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2.4 Forms of the state
Any state is the unity of its essence, content and form. For it to function
actively, for its mechanism to function efficiently and smoothly, a well-organized
state power is required.
The form of the state is understood as the organization of state power,
expressed in the form of government, state structure and political (state) regime.
The concept of the form of the state covers:
1) the organization of the supreme state power, the sources of its formation and
the principles of relations between the supreme authorities and the population;
2) the territorial organization of state power, the relationship of the state as a
whole with its constituent parts;
3) methods and methods of exercising state power.
and development, and the essence and historical type of the state have a decisive
influence on it. Thus, as a rule, the monarchical form of government corresponded to
the feudal type of state, and the republican form of government corresponded to the
bourgeois type. The form of the state largely depends on the ratio of political forces
in the country, especially during the period of its emergence. The early bourgeois
revolutions led to a compromise between the bourgeoisie and the feudal lords, which
resulted in a constitutional monarchy.
The category of the form of the state shows the peculiarities of the internal
organization of the state, the order of formation and structure of state authorities, the
specifics of their territorial isolation, the nature of relations with each other and the
population, as well as the methods that they use to carry out organizational and
managerial activities.
A more complete understanding of the form of a particular state is provided by
the analysis of its three components – the form of government, the state structure, and
the state—legal regime.
The form of government characterizes the order of formation and organization
of the highest bodies of state power, their relations with each other and the
population, i.e. this category shows who rules in the state and how. Depending on the
specifics of the form of government, states are divided into monarchical and
republican.
The form of the state structure reflects the territorial structure of the state, the
relationship between the state as a whole and its constituent territorial units.
According to the form of organization, all states are divided into unitary,
federal and confederate.
The state-legal regime (political) is a system of means and methods of
exercising state power.
Depending on the features of the set of means and methods of state power,
democratic and authoritarian state—legal regimes are distinguished.
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TOPIC 3
PUBLIC AUTHORITY
3.1 The concept and legal status of a public authority
A public authority is a link of the state apparatus that participates in the
implementation of certain state functions and is endowed with authority in this
regard.
Signs of public authorities:
1) is created and acts on behalf of the state – the Russian Federation or its
subject;
2) acts on the basis of laws and other regulatory legal acts;
3) performs its own functions and tasks;
4) has its own competence;
5) it is characterized by organizational isolation and independence;
6) is vested with authority, i.e. its decisions are made on behalf of the state and
are binding on all.
The state bodies of the Russian Federation act on the basis of the Constitution
of the Russian Federation and the principles laid down in it.
Constitutional principles are the basic principles enshrined in the Constitution
of the Russian Federation that underlie the functioning of state bodies.
Such principles are:
1) priority of human and civil rights and freedoms (Articles 2, 7 of the
Constitution of the Russian Federation);
2) democracy (Article 3 of the Constitution of the Russian Federation);
3) Federalism (Article 5 of the Constitution of the Russian Federation);
4) separation of powers (Articles 10, 11 of the Constitution of the Russian
Federation); 5 legality (Article 15 of the Constitution of the Russian Federation);
6) Secularism (Article 14 of the Constitution of the Russian Federation).
In their activities, State authorities should be guided by the principle of priority
of human and civil rights and freedoms.
By consolidating universal standards for the protection of individual rights and
freedoms, countries and States take measures to comply with them and protect them
from all kinds of encroachments.
The principle of sovereignty of the people means that the supreme power in the
country is vested in the bodies to which the people confer the corresponding powers,
under certain conditions.
The principle of federalism is expressed in the unity of the system of state
power, the division of subjects of competence and powers between the state
authorities of the Russian Federation and its subjects.
The principle of separation of powers. In order to prevent abuse, all branches
of Government should be independent, independent and mutually balanced.