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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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TOPIC 12
MUNICIPALITY
12.1 The charter of the municipality
The Charter of the municipality is the main normative and constituent act of
the municipality, which establishes the status of the municipality. It occupies a
priority place in the system of municipal legal acts adopted at the municipal level of
legal regulation.
The Charter is a kind of mini-constitution that operates within the boundaries
of a separate municipality.
The charter stipulates:
1 name of the municipality;
2) a list of issues of local significance (in accordance with the type of
municipality);
3) forms, procedures and guarantees of public participation in solving local
issues;
4) structure and procedure of formation of local self-government bodies;
5) names and powers of elected and other local self-government bodies,
officials of local self-government;
6) types, procedure for the adoption, publication and entry into force of
municipal legal acts;
7) the term of office of the representative body, deputies, elected officials of
local self-government, the grounds and procedure for termination of their powers;
8) types of responsibility of local self-government bodies and officials of local
self-government, the grounds for the occurrence of this responsibility and the
procedure for resolving relevant issues;
9) the procedure for the formation, approval and execution of the local budget;
10) the procedure for making amendments and additions to the charter of the
municipality.
The charter must contain several types of norms:
1) norms-definitions (norms that establish the symbols of a municipality);
2) norms of thematic content (on municipal service, on forms of direct
expression of will);
3) the norms of the status content, which fix all the elements of the status of
bodies and officials, on the basis of which the provisions of the status content are
developed and adopted;
4) procedural (procedural) rules that establish the procedure for the exercise of
their powers by bodies and officials.
The charter of a municipality is the only normative legal act that must be
registered with the state bodies of justice.
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12.2 General characteristics of the legal status of the municipal administration
The local administration is the executive and administrative body of the
municipality, which is empowered to resolve issues of local significance and to
exercise certain state powers transferred to the municipality in accordance with the
procedure established by law.
The local administration has the following characteristics:
1) since 1991 (since the appearance of the Law of the RSFSR "On Local SelfGovernment in the RSFSR"), administrations have been separated from Councils,
turned into organizationally and functionally autonomous local self-government
bodies. They remain so at the present time;
2) administrations are bodies of general competence that exercise
organizational, administrative and executive powers in the subjects of jurisdiction of
municipalities. It is this circumstance that provides local administrations with
functional independence and organizational and structural originality.;
3) local administrations have acquired the status of mandatory bodies in the
municipal government system;
4) local administrations, which, in accordance with the statutes of
municipalities, have the rights of legal entities, are registered in the form of municipal
institutions;
5) the administration has a branched and heterogeneous structure, which
includes the heads of the executive body, the staff, and divisions of the
administration.
The main areas of the office's work are organizational, legal, informational, and
logistical support of the administration. The device also performs control functions.
The structural units of the apparatus do not enjoy the right to issue legal acts. The
heads of the relevant departments do not manage the loans.
The functional units of the administration (committees for the economy,
municipal property management, financial and budgetary departments) perform
functions that cover all or many branches of the local economy.
The status of specialized departments and departments is characterized by
several characteristics. First, they are bodies of special competence. Their
competence is determined either by the local administration as a body of general
competence that solves issues of local significance, or by higher-level management
bodies. Secondly, they function on the basis of the provisions on them approved by
the head of the administration. Third, the final decision on the creation of a particular
unit has so far been made mainly by the heads of administrations, who approved its
structure and staff.
12.3 The head of the municipality: status and powers
The head of a municipality is the highest official of a self-governing unit,
endowed by the charter of the municipality with its own competence to resolve issues
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of local significance. In addition to the status of the highest official, the Law "On
General Principles of the Organization of Local Self-Government in the Russian
Federation" gives the heads of municipalities the position of sole local selfgovernment bodies. It is the owner of organizational and administrative or
executive—administrative powers to organize the activities of a representative body
or to resolve issues of local significance.
The term "head of a municipality"was introduced by the Law" On the
Accounting Chamber of the Russian Federation " to refer to an elected official who
heads the activities of local self-government.
The powers of the heads of municipalities are divided into several major areas:
representative, normative, control powers, leadership powers with their division into
subspecies (organizational, coordination, etc.). The powers of the heads can be
redistributed depending on the role of the head of the municipality in the local
government system.
Representative powers in relations with other local self-government bodies,
state authorities, citizens and organizations will be common for the heads of state.
They have the right to act on behalf of municipalities without a power of attorney.
Standard-setting powers related to the issuance of legal acts on the organization and
activities of a representative body will also be typical.
The head is the head of the local administration, who issues resolutions on
issues of local significance and individual state powers, and issues orders on the
organization of the work of the administration.
The powers of the heads are terminated prematurely in cases of death,
resignation at their own request, removal from office, recognition by the court as
incompetent or with limited legal capacity, recognition by the court as missing or
dead, entry into legal force of a court conviction, departure from the country for
permanent residence, termination of Russian citizenship, recall of voters,
establishment in court of persistent inability for health reasons to exercise the powers
of the head of a municipality, early termination of the powers of the representative
body of the municipality, if the head was elected from its composition
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TOPIC 13
OFFENCES AND LIABILITY
13.1 Offences and liability
In the sphere of state and municipal administration, many different actions are
carried out. Among them may be actions that cause condemnation of others.
The offense includes an act or omission, the obligatory occurrence of harmful
consequences, and in most cases the fault of the subject who caused the harm
(intentional fault or negligence in the form of negligence or frivolity).
Illegal actions may come from different administrative entities, state and local
self-government bodies, employees (officials) acting in the service and bearing
responsibility for their actions.
Illegal actions in the sphere of state and municipal administration are also
committed by organizations and persons who do not have authority in this area (a
commercial organization violates the licensing rules, or a citizen illegally wears other
people's orders and medals).
It is important to distinguish between offenses on the part of state and
municipal bodies and officials, when they acted as representatives of the authorities,
exercising state or municipal administration (the Government of the Russian
Federation adopted a resolution contrary to the law, and the mayor of the city
received a bribe), and, on the other hand, when they acted as private, legal and natural
persons, in a personal capacity, in civil relations (the state body does not pay bills for
electricity consumed, the minister caused a fight in the square, causing serious bodily
injury to a citizen, and the mayor of the city, violating the traffic rules, dented
someone else's car). The responsibility will be different: general legal as a citizen and
special legal as officials or a state municipal body.
Offenses in the sphere of state and municipal administration are not the same in
their severity. Crimes, i.e. acts that have a high degree of public danger entail
criminal liability, administrative offenses (for example, violation of traffic rules,
minor hooliganism) are punished by various types of administrative penalties (up to
administrative arrest for up to 15 days), violations in the service entail disciplinary
liability (reprimand in the order, etc.) , causing harm under civil law – material
liability or liability mainly of a moral nature (publication of a refutation in a
newspaper, reports on the unreliability of previously published information). The
President of the Russian Federation, heads of subjects of the Russian Federation and
municipalities, collegial executive bodies, ministers, deputies of representative bodies
for their actions in the service and outside it can bear political responsibility (such as
impeachment of the President, resignation of ministers, deprivation of the deputy
mandate).
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13.2 Political responsibility in the sphere of state municipal administration
Political responsibility applies only to certain bodies of the State and
municipalities. A form of political responsibility can be the dissolution of the
parliament, legislative assemblies of the subjects of the Federation. The constitutions
of some countries (Poland, Ukraine, etc.) provide for the dissolution of the parliament
(unicameral parliament or lower house), if it has not adopted the state budget within
the prescribed period, failed to form a government, did not start its work after the
election. In Russia, the law establishes the political responsibility of the legislative
bodies of the subjects of the Federation, the heads of administrations of the subjects
of the Russian Federation, representative bodies and heads of municipalities. In cases
of violation of the Constitution and laws of the Russian Federation, representative
bodies may be dissolved, and heads of administrations, mayors-dismissed from
office.
Members of the parliament, legislative assemblies of the subjects of the
Federation, representative bodies of local self-government (councils, etc.) in some
countries may be recalled early by voters (including for poor performance), deprived
of their mandate by the relevant representative body (usually by a two-thirds majority
vote). Only after that, parliamentarians are subject to criminal liability if they have
committed crimes (in some countries, however, they do not have parliamentary
immunity, and immunity for members of legislative assemblies of the subjects of the
federation, as a rule, does not apply and does not apply at all to deputies of municipal
representative bodies).
Political responsibility of the president (the monarch is not subject to
responsibility) is possible in the form of impeachment (Russia, the United States,
etc.), early recall by voters (Austria), removal from office by a decision of the
constitutional court (Italy). Only after that, other penalties can be applied to the
former president (in some cases, the current president can also bear civil liability).
The most severe type of political responsibility of the government and
ministers (including ministers in some regions of the Russian Federation) is dismissal
as a result of a vote of no confidence(resolution of censure). The government can also
be dismissed at the discretion of the President (Russia, Ukraine, etc.). Civil liability
of the government and ministers is also possible, and criminal(punishment) and
disciplinary liability(reprimand, etc.) is also possible for ministers.
Special procedures for establishing responsibility may be applied to other
bodies and officials (for example, judges), but they are not subject to political
responsibility (with the exception of the recall of judges by voters in individual
countries).
13.3 Criminal liability in the sphere of state and municipal administration
Encroachments on public administration, if they constitute a crime, are subject
to punishment in accordance with the Criminal Code of the Russian Federation of
June 13, 1996 No. 63–FZ (Criminal Code of the Russian Federation). The Criminal
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Code of the Russian Federation provides for twenty-one crimes against military
service-from desertion to insulting a soldier.
Chapter 30 of the Criminal Code of the Russian Federation lists the elements of
crimes against the public service(this may also be extended to the municipal service),
in particular abuse of official authority, abuse of official authority, refusal to provide
information to the Federal Assembly or the Accounting Chamber, appropriation of
the powers of an official, illegal participation in business activities, receiving and
giving bribes, forgery, negligence. Among these elements, there may be crimes
committed not only by a civil servant. Thus, the assignment of the powers of an
official can be performed by both a civil servant and an ordinary citizen who pretends
to be a major boss.
Other chapters of the Criminal Code of the Russian Federation that do not
relate to issues of public authority and state and municipal service also provide for
the elements of crimes committed by subjects of public administration. Such
compositions are included in the chapters that provide for penalties for economic
crimes (Chapter 22), for crimes against public safety (Chapter 24), environmental
crimes (Chapter 26), crimes against traffic safety (Chapter 27), against the
foundations of the constitutional system and the security of the state (Chapter 29),
against justice (Chapter 27). 31), against the peace and security of mankind (ch. 34).
In the field of economic activity, a civil servant may be held liable for illegal
entrepreneurship (Article 171), and may violate safety rules when conducting mining
operations (Article 216). The captain of a State vessel may be held liable for failure
to provide assistance to those in distress (Article 270). Espionage is often committed
by government employees who have access to state secrets (Article 276). Many of
these compositions apply to officials of the municipal service.
Some crimes in the field of justice can only be committed by public officials.
The same applies to certain crimes against the peace and security of humanity. The
planning, preparation, launching and waging of an aggressive war, the use of
prohibited means and methods of warfare, as a general rule, can only be carried out
by senior officials.
13.4 Civil liability in the sphere of state and municipal administration
The legislation of various countries provides for civil liability of State and
municipal bodies and officials. They are responsible for damage caused to the person
or property of a citizen, as well as to the property of a legal entity. According to
Article 1064 of the Civil Code of the Russian Federation, the damage must be
compensated in full. The law may also establish an obligation to pay compensation to
victims in addition to compensation for damage. The law may also provide for
compensation for damage in the absence of the fault of the harmer. Compensation for
harm can be refused if it is established that the harm was caused with the consent of
the victim, and the actions of the harmer do not violate the moral principles of
society.
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These general provisions are specified in the articles relating to State and
municipal bodies and their officials. In accordance with Article 1068 of the Civil
Code of the Russian Federation, damage caused to a citizen or legal entity as a result
of illegal actions (inaction) of state, municipal bodies, state, municipal organizations
or officials, including as a result of issuing an act that does not comply with the law
or other legal act of a state or municipal body, is subject to compensation. The
damage is not compensated if it is caused in the condition of the necessary
equipment, provided that its limits have not been exceeded. If the damage is caused
by a state body, a state institution, a state enterprise or an official in a state of extreme
necessity, it must be compensated, although its size may be reduced. These liability
provisions apply to municipal self-government bodies, municipal organizations, and
municipal officials.
Liability for damage caused by illegal actions of bodies of inquiry, preliminary
investigation, prosecutor's office and court is specially regulated(Article 1070 of the
Civil Code of the Russian Federation). In this case, we mean illegal conviction,
illegal criminal prosecution, illegal detention.
Damage caused in the course of the administration of justice is compensated if
the judge's guilt is established by a court verdict that has entered into legal force.
As for the damage caused by the bodies of the state, the subject of the
Federation, the municipality and their officials, it is compensated if the actions
(inaction) were illegal, at the expense of the treasury of the Russian Federation, its
subject, the municipality, depending on the status of the official. At the same time, a
Federation, its subject, or a municipal entity that has compensated for the damage
from its treasury has the right to file a recourse claim against the body or official who
caused the damage.
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TOPIC 14
ADMINISTRATIVE MANAGEMENT
14.1 Introduction
Management is what managers ‘do’. It is the process of coordinating work
activities with and through other people so that work activities are completed
efficiently and effectively. The Term “Management” is used to refer the process of
Managing the activities of Enterprise. In layman’s Language Management refers to
group of personnel of an enterprise who have supervisory role over others. Example
Good quality of Management and Bad Quality of Management. In simple term
Management is the process of getting things done, effectively and efficiently,
through and with other people.
For management, it is important to be both effective and efficient.
Effectiveness and efficiency are two sides of the same coin. But these two aspects
need to be balanced and management at times, manager has to compromise with
efficiency. For example, it is easier to be effective and ignore efficiency i.e.,
complete the given task but at a high cost. Suppose, a company’s target production is
5000 units in a year. To achieve this target the manager has to operate on double
shifts due to power failure most of the time. The manager is able to produce 5000
units but at a higher production cost. In this case, the manager was effective but not
so efficient, since for the same output, more inputs (labour cost, electricity costs)
were used.
At times, a business may concentrate more on producing goods with fewer
resources i.e., cutting down cost but not achieving the target production.
Consequently, the goods do not reach the market and hence the demand for them
declines and competitors enter the market. This is a case of being efficient but not
effective since the goods did not reach the market. Therefore, it is important for
management to achieve goals (effectiveness) with minimum resources i.e., as
efficiently as possible while maintaining a balance between effectiveness and
efficiency. Usually high efficiency is associated with high effectiveness which is the
aim of all managers. But undue emphasis on high efficiency without being effective
is also not desirable. Poor management is due to both inefficiency and
ineffectiveness.
In simple efficiency Means doing the things correctly; refers to the relationship
between inputs and outputs; Seeks to minimise the resource and cost. Effectiveness
Means doing the right things; Goal Attainment
In total we can understand that Management takes place within an organisation
structure Management positioned at top under which everything falls. Manager is the
foundation upon which an organisation is built. Within the organisation structure
managers allocate resources (Like men material machinery methods and money) and
Manger uses the functions (such as Planning organising directing coordinating and
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controlling) most efficiently and effectively to achieve organisational goals (such as
increasing the sales and profitability etc)
14.2 Definition
There is no universally accepted definition of the term Management. Different
authorities on management defined the term ‘management’ in different ways. Here
are the few definitions.
According to Mary Parker Follet, “Management is the art of getting of things
through people.”
According to Harold Koontz, “Management is art of getting things done
through and with the people in formally organised groups”.
In the words of Henry Fayol Management is “To manage is to forecast and to
plan, to organise, to command, to co-ordinate and to control.”
In the words of George R Terry, “Management is a distinct process consisting
of planning, organising, actuating and controlling performance to determine and
accomplish the objectives by use of people and resources”
Management is defined in terms of functions undertaken by the manager to
achieve organisational goals. Management is the systematic way of doing things. It is
an art of creating an environment in which people can perform and an individual
could co-operate towards attaining the group goals.
Administrative management is a part of the system of public administration.
In contrast to public administration, which is aimed at influencing the entire society
as a whole and implementing the public power of three branches at once,
administrative management is the implementation of the executive power.
The administrative management system is a set of subordinate and interrelated
federal and regional executive bodies.
The administrative management system consists of:
• Federal administrative management – management carried out by the
Russian Federation on the entire territory of the state in accordance with the principle
of differentiation of subjects of competence;
• Regional administrative management – management carried out by the state
authorities of the subjects of the Russian Federation within the borders of the subject
and in accordance with the principle of delineation of subjects of competence.
14.3 Principles of administrative management
There are 14 management principles given by Henri Fayol.
• Division of labor - this means the division of work between individuals in
different divisions of the organization.
• Authority - Managers should be given the authority to give orders based on
their responsibilities.
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• Discipline - means respect and submission to the rules and regulations that
govern the organization. These rules must be strictly observed and must not be
violated.
• Unity of command- states that each employee should be accountable to
only one employer. A subordinate must receive an order and obey only one superior.
Double subordination should be avoided, as it creates various difficulties in the
functioning of managers.
• Unity of direction - means that all team members working on the same goal
should be directed by the same boss, using the same plan. This will lead to proper
coordination of the activities carried out by the organization.
• Subordination of individual interests to the general means that the interests
of the organization should always be above the interests of the manager.
• Remuneration - involves the payment of a fair amount of remuneration to
all employees in accordance with the work performed by them. The company should
adopt a fair remuneration policy, as this affects the level of employee satisfaction.
Good remuneration is necessary to acquire qualified employees and achieve better
results.
• Centralization - refers to the distribution of the level of authority between
different levels of government and states that an appropriate balance should be
achieved in the division of authority.
• Order - Everything in the organization must be in the right place, in the
right order, and at the right time.
• Stability of staff stay - Employees should be provided with job security and
various career development programs that increase their productivity.
• Initiative - Each employee should be given the appropriate freedom to
develop and execute plans. All employees should be encouraged for their initiative,
as it provides them with the satisfaction that leads to the success of the company.
Administrative management is often used to refer to a form of bureaucratic
organization. It relies heavily on formal competencies, procedures, and processes
carried out by employees, with strict measurement and control systems used to
monitor the progress of work. A very important factor in administrative management
is the need to create an effective information system for the effective distribution of
data and knowledge within the organization. Each management function is more or
less related to administrative management, even a flexible software development
methodology relies on procedures and rules for performing specific actions, which
include appropriate administrative procedures.
Administrative management does not include one position, one office, or one
department, but rather the entire management component that operates in an
administrative capacity." One of the main functions that usually exist in an
organization is the administrative function. This function does not generate revenue
for the organization, but provides specialized support to individuals and other
functions of the organization.