Types of public services. Public law and economics. State regulation of the sphere of public services

As a manuscript

Filimonova Elena Alekseevna

MUNICIPAL SERVICES IN THE RUSSIAN

FEDERATIONS: LEGAL REGULATION AND PRACTICE

IMPLEMENTATIONS

Specialty 12.00.02 - constitutional law; constitutional

trial; municipal law

Dissertations for the degree of candidate of legal sciences

Rostov-on-Don - 2013 The thesis was completed at the Department of Municipal Law and Environmental Legislation of the Federal State Autonomous Educational Institution of Higher Education "Southern Federal University"

Doctor of Law, Professor,

scientific adviser:

Honored Lawyer of the Russian Federation, Honored Scientist of the Russian Federation Nikolay Semenovich Bondar

Official Opponents: Shugrina Ekaterina Sergeevna Doctor of Law, Professor, Moscow State Law University named after O.E. Kutafin (Moscow State Law Academy), Professor of the Department of Constitutional and Municipal Law Pozdnyshov Aleksey Nikolaevich Doctor of Law, Professor, Rostov State the University of Economics(RINH)”, acting Dean of the Faculty of Law FSBEI HPE "Moscow

Lead organization:

State University named after M.V.

Lomonosov"

The defense will take place on December 21, 2013 at 10:00 am at a meeting of the dissertation council D 212.208.26 in legal sciences at the Southern Federal University at the address: 344002, Rostov-on-Don, st. Maxim Gorky, 88, room. 407.

The dissertation can be found in the scientific library of the FSAEI HPE "Southern Federal University".

Scientific Secretary of the Dissertation Council, Doctor of Law, Professor I.A. Ivannikov

general description of work

Relevance dissertation research topics. The Russian Federation, proclaiming itself a social state, whose main task is to create conditions that ensure a decent life and free development of a person (Article 7 of the Constitution of the Russian Federation), thereby assumed the obligation to take the necessary measures to develop the system of social services, ensure the provision of state and municipal services.

The social sphere, as is known, belongs to the joint jurisdiction of the Russian Federation and its constituent entities. At the same time, the constitutional consolidation of socially oriented powers for state authorities at the federal and regional levels should not call into question the important role of local self-government in the implementation of the functions of a welfare state. Despite organizational isolation from state power, local self-government constitutes an institution of Russian statehood in its broadest sense and, solving issues of local importance, objectively has its purpose, including the solution of socially significant issues related to ensuring the livelihoods of the local population1.

The Constitution of the Russian Federation contains a rationale for the institutional integration of local self-government into the system of social statehood. This is manifested both in connection with the consolidation of the powers of local self-government to independently resolve issues of local importance (part 1 of article 130, article 132, etc.), and through an indication of certain areas for the implementation of social rights (part 3 of article 40, Part 1, Article 41, Part 2, Article 43, etc.), for which local governments are responsible along with See: Bondar N.S. Local self-government and constitutional justice:

constitutionalization of municipal democracy in Russia. M.: Norma, 2009. S. 396.

public authorities, as well as by identifying specific institutions (institutions) for the provision of municipal services to the population1.

Today, in the context of municipal reform, the redistribution of powers between different levels of public authority, increasing the responsibility of local government for solving social issues on its territory, expanding municipal services, increasing their diversity and quality is an important task of local government, the solution of which implies, among other things, the need to create an effective basis for the legal regulation of this institution. At the same time, the objective complication of the real (actual) content of the institution of municipal services naturally implies a significant complication, renewal and development legal forms its fastening. This is confirmed by the actively developing legal regulation of relations in the provision of municipal services at all levels of government, the search for new organizational mechanisms for their provision. Under these conditions, the generalization of the practice of solving relevant issues in various regions and municipalities of the country is of particular relevance2.

The new Federal Law of July 27, 2010 N 210-FZ (as amended in July 2013) “On the organization of the provision of state and municipal services”3 (hereinafter Law N 210-FZ) became the first basic regulatory act that implemented a comprehensive legal regulation organizing the provision of municipal services. At the same time, despite all the positive results of the adoption of the said Law, a number of unresolved issues remained, which became the reason for the emergence See: Dzhagaryan A.A. Russian local self-government and its role in the system of social statehood: constitutional and legal aspects. Rostov n/a:

Publishing House of the Southern Federal University, 2012. P.8-9.

For example, the Rostov region is one of the leaders in the development of a network of multifunctional centers for the provision of state and municipal services (See: Public services are collected in the centers // Weekly analytical magazine Kommersant Vlast. 10.28.2013. No. 42 (1047).

various kinds of difficulties and contradictions in the very understanding of municipal services, the normative definition of the content of this legal category, the delimitation of powers between different levels of public authority to regulate the institution of municipal services, not to mention the organizational and legal mechanisms for their provision, etc.

In scientific and doctrinal terms, many issues also need to be clarified, including understanding the essence of municipal services, their features in the general system of public services, etc.

All this determines the choice of the topic of the dissertation work, its structure and the content of the issues under consideration.

The degree of scientific development of the problem. Until recently, the scientific analysis of municipal services was dominated by approaches to the latter as a variety of public services with an emphasis on private law (civil law) aspects of the study, which was determined by classical ideas about the “registration” of services in the private (civil) law sector. Later, with the development of local self-government, the understanding of the municipal service came not as one of the varieties of the traditional private law service, but as a relatively independent phenomenon of a qualitatively different order.

The theoretical basis of this dissertation was the works of legal theorists, constitutionalists, representatives of municipal legal science, revealing modern tendencies development of the Russian statehood, local self-government, protection of human and civil rights in the Russian Federation: S.A. Avakyan, S.S. Alekseeva, I.V.

Babicheva, M.V. Baglaia, G.V. Barabasheva, I.N. Bartsitsa, A.A. Bezuglova, T.M.

Byalkina, N.A. Bogdanova, N.S. Bondar, V.I. Vasilyeva, I.V. Vydrina, A.A.

Dzhagaryan, T.D. Zrazhevskaya, V.T. Kabysheva, E.Yu. Kireeva, E.I. Kozlova, A.N. Kokotova, E.I. Kolyushin, V.I. Kruss, V.A. Kryazhkova, O.E. Kutafin, V.V. Lazareva, L.V. Lazareva, V.A. Lebedeva, V.I. Lysenko, V.L. Lutzer, G.V.

Maltseva, M.I. Marchenko, V.V. Nevinsky, Zh.I. Ovsepyan, I.I.

Ovchinnikova, N.L. Peshina, N.V. Postovoy, V.V. Pylina, M.S. Salikova, A.S. Salomatkina, A.A. Sergeeva, A.Ya. Plums, V.V. Tabolina, N.S.

Timofeeva, Yu.A. Tikhomirova, B.N. Toporina, A.A. Uvarova, V.I. Fadeeva, T.Ya. Khabrieva, N.Yu. Khamaneva, G.N. Chebotareva, V.E. Chirkina, S.M.

Shahraya, K.F. Sheremeta, E.S. Shugrina, Yu.L. Shulzhenko, B.S. Ebzeeva and others.

Special studies were also of great importance, in one way or another devoted to the theory of public services, including the institution of municipal services. A significant contribution to the development of these problems was made by such scientists as R.V. Babun, E. G. Babelyuk, I.N. Bartsits, I.L. Bachilo, S.A.

Belov, A.V. Vinnitsky, E.V. Gritsenko, T. V. Zhukova, V. B. Zotov, S. A.

Kirsanov, M.V. Kustova, E. Markvart, A. V. Nesterov, A. F. Nozdrachev, N. V.

Putilo, L.A. Revenko, O.L. Savranskaya, Yu. N. Starilov, E.V. Talapina, L.K.

Tereshchenko, Yu. A. Tikhomirov, S.E. Channov, A. V. Sharov, A. E. Shastitko, N.

A. Sheveleva, V.A. Shchepachev and others.

The category of public services was also the subject of dissertation research, but, as a rule, not of a municipal legal profile. Among them are dissertation research by N.V. Kiseleva "Administrative and legal regulation of public services in the field of nature management:

state of the art and development prospects” (2008), L.V. Beschastnova "Administrative and legal regulation of public services" (2008), A.F. Vasilyeva "Administrative and legal regulation of public services in Germany and Russia: a comparative legal analysis" (2009), E.V.

Morozova "Public Services: Theoretical and Legal Aspect" (2009), O.V.

Akhrameyeva "The ratio of public law and private law principles in the provision of public services to the population in the Russian Federation: on the example of the bar and notaries" (2011). Separate, first of all, organizational and legal aspects of the provision of services by local governments were considered in the dissertation of Moshkin S.V. "Municipal services as an element of the competence of local governments" (2013).

The purpose of this study is to comprehensively analyze the legal nature of municipal services, study the process of formation and development of this institution, identify the features of the provision of services by local governments and develop on this basis practical advice both to improve legal regulation and organizational mechanisms for the provision of municipal services to the population at the place of residence.

In accordance with this goal, the following tasks

To explore the process of formation of the legal institution of public services, its significance in the development of the social statehood of Russia;

To identify the features of the influence of the structure of issues of local importance of various types (levels) of municipalities on the development of a catalog (types) of municipal services;

To reveal the basic principles for the provision of municipal services, meaning a combination of general principles for the functioning of municipal government, sectoral and special principles arising from Law N 210-FZ;

regulation and identify the role of municipal legal regulation of relations for the provision of municipal services;

To reveal the main ways of organizing the provision of municipal services and develop proposals for their improvement, taking into account the specifics of individual municipal services;

- analyze innovative principles in improving the mechanisms for improving the quality of municipal services, including the use of electronic information systems, as well as to determine the prospects for the development of municipal legal and other levels of regulation of the procedure for the provision of services by local governments.

The object of the dissertation research is public relations for the provision of municipal services, which are the subject of complex legal regulation and allow reflecting the social, legal, organizational, and other characteristics of the practical implementation of this institution at the local government level.

Subject of research are the norms of the Constitution of the Russian Federation, decisions of the Constitutional Court of the Russian Federation, federal constitutional laws, federal laws, laws and other normative acts of the constituent entities of the Russian Federation, normative legal acts of municipalities and the norms of the sectoral legislation of the Russian Federation specifying them, constituting the regulatory framework for the provision of municipal services.

The methodological base of the dissertation research is made up of general scientific methods of cognition: dialectical, logical-theoretical, historical, systemic, formal-legal. Of the special methods in the dissertation, methods of comparative law, specific sociological, statistical, structural analysis, etc. were used.

The normative and empirical base of the study is:

The Constitution of the Russian Federation, international legal acts, decisions of the Constitutional Court of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, laws, other regulatory legal acts of the constituent entities of the Federation, regulatory legal acts of local governments, statistical data, reviews of the practical activities of municipalities .

Some previous legislative acts, scientific and theoretical sources and analytical materials on the provision of municipal services were also studied.

Scientific novelty dissertation research lies in the fact that the work attempts to systematically substantiate as a relatively independent institution of municipal services, shows their social role and place in the system of guaranteeing the rights and freedoms of citizens at the place of residence.

On the basis of a generalization of theoretical approaches and practice of implementing the relevant municipal legal institution, an analysis of federal, regional legislation and, in particular, acts of local self-government, the essential characteristics of municipal services as manifestations of the social function of Russian statehood are revealed.

improvement of both the regulatory framework and the organizational and methodological mechanism for the provision of municipal services to the population.

dissertation research:

1. Municipal services are, at their core, of a public law nature and in themselves are a kind of public services, which manifests itself on the basis of a combination of two interrelated public authorities (state and municipal authorities) and is realized both in nature itself, functional appointment, and in the mechanisms for providing relevant services to the population. The result and goal of combining, close interaction between state and municipal principles in the institution of public services should be the creation of an effective mechanism for the provision of these services based on the consistent implementation of social policy aimed at maximizing the satisfaction of the needs of the population at all levels of its territorial organization.

2. The essence of municipal services must be considered, ultimately, as a manifestation of the social function of the Russian statehood, aimed at ensuring the rights and freedoms of citizens, when, in particular, at the municipal level, on the one hand, local governments exercise their powers to resolve issues of local values, and on the other hand, citizens get the opportunity to individually and (or) collectively exercise their rights and legitimate interests in the socio-economic sphere, bearing in mind that it is the territorial principle that is the main one for the realization of most social rights in the conditions of market relations.

Accordingly, the legal nature of the institution of municipal services combines, firstly, subjective-personal principles, suggesting the existence of an individual claim to satisfy personal interest in receiving services, and, secondly, public law principles associated with the functioning of municipal public authorities.

3. The level of provision of the population with municipal services, which in the conditions of market relations are mainly of a paid nature, has significant regional and intramunicipal differences.

An important area of ​​activity of public authorities (including state, especially regional authorities) should be to overcome deep socio-territorial differences in the quality and volume of services provided to citizens at their place of residence.

An effective means of solving this problem is the financial equalization of municipalities, which aims, among other things, to guarantee appropriate social conditions for the life of the population, the provision of basic services in the field of education, healthcare, etc. on the basis of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of place of residence (part 2 of article 19). In specialized territorial funds for social equalization.

4. In the system of legal regulation of the provision of municipal services, an important place belongs to the principles as fundamental legal principles that are complex, multi-level in nature and include: a) general principles of local self-government (in particular, those that directly affect the guarantee of social rights of the population according place of residence); b) special principles that receive normative consolidation at various levels of legal regulation, including municipal ones. An analysis of the current system of legal regulation of the institution of municipal services allows us to conclude that it is necessary to systematize (with the prospect of possible codification) the legal norms on municipal services adopted at various levels and with different industry affiliations, based on consistent consideration of general and special principles for the provision of municipal services.

As a certain stage of such systematization, it is proposed to create in individual municipalities a Directory of municipal services with the inclusion of a list (catalog) of services provided in the territory of a particular municipality. municipality, as well as an indication of the forms, methods, addresses of treatment for the relevant services. This “quasi-normative” document should be based on federal legislation, the laws of the constituent entities of the Russian Federation and, in particular, municipal legal acts that regulate the provision of municipal services in the respective territories of municipalities. The order of adoption, the structure and content of this Handbook (in its main parameters) are substantiated in the dissertation research.

5. The analysis of the current legal regulation in the field of rendering municipal services allowed the author to come to the conclusion about the unconditional and not always justified priority of the federal level of regulation of this institution. Regional regulation is reduced mainly to the reproduction of Law No. 210-FZ, and municipal law-making, as a rule, is limited to the approval of registers of services and administrative regulations their rendering. Meanwhile, the constitutional requirement for the implementation of local self-government, taking into account historical and other local traditions (part 1 of article 131) should also apply to the social sphere, and, accordingly, to the institution of municipal services. The existing construction of such a system of regulation of municipal services, at least in most subjects of the Federation, deprives the significance of national, historical, cultural, ethnic, religious and other local traditions arising from the very concept of local self-government.

This is especially important for municipalities with a multinational, multi-confessional population, such as, for example, in the Southern Federal District.

6. Analyzing the legal nature of the administrative regulations for the provision of municipal services, the dissertation concludes that they have become one of the main regulatory tools to improve the quality and ensure the availability of services. Now administrative regulations are not just acts establishing the procedure for the activities of a public authority, but a kind of regulatory and legal guarantees of observance of the rights and legitimate interests of citizens in the provision of municipal services by local governments. But the unified requirements for the provision of services provided for by the regulations need to be reinforced by the ability of the population to monitor and evaluate the fulfillment by local governments of their powers to provide municipal services, which would fully correspond to the very nature of these services as closest to the population. For these purposes, it is necessary, according to the author, not only more efficient use of the possibilities of the current legislation, but, in addition, it is advisable to develop in accordance with paragraph "b" of Part 1 of Art. 72 of the Constitution of the Russian Federation of normative legal acts of the constituent entities of the Russian Federation, as well as acts of local self-government on control over the provision of municipal services.

7. Increasing the efficiency of organizational and legal mechanisms for the provision of municipal services implies, in the author's opinion, the need for the active introduction of innovative forms and methods of providing access to municipal services, the creation of municipal legal mechanisms for identifying and taking into account the opinions of citizens about the quality, efficiency of the provision of municipal services; promising areas for the development of mechanisms for the provision of municipal services should be not only the creation of specialized municipal institutions and enterprises, but also the development of institutions of inter-municipal cooperation, the expansion of municipal-private partnerships in this area, as well as the improvement of the legal and organizational foundations of state and municipal services.

entities: there can be no universal mechanisms for the provision of municipal services (for example, MFCs in their traditional form are not created in rural settlements with a low population, but work only as remote access points). Therefore, when creating and improving mechanisms for the provision of municipal services, one should take into account the type of municipality, the level of development of social infrastructure, the financial resources of both the municipality and income, the level of social stratification of the population, etc.

8. When introducing innovative means, introducing electronic support for the implementation of municipal services, it is important to take into account the profound differences in the provision of municipalities with technical means of communication, as well as other significant differences in the technological infrastructure of municipalities, the level of information education and literacy of the population, etc. An important condition for improving the quality and improving the forms of providing municipal services should be to study, take into account the characteristics of certain categories of citizens (including the elderly, poor citizens, etc.), analyze the channels for informing the population about the types and nature of services provided on the territory of a particular municipality, general conditions and a multifunctional center for the provision of state and municipal services, etc.

The scientific and practical significance of the study lies in the fact that the conclusions and proposals formulated in the work can be used in the process of further improvement of the legal regulation of the procedure for the provision of municipal services at various levels of public authority, especially local government, as well as the subjects of the Russian Federation, the introduction of new organizational and legal forms, technical means and methods of rendering municipal services at the place of residence.

The theoretical material of the dissertation research can also be used in the development of scientific and methodological recommendations of a practical nature, as well as in the educational process in various disciplines of training legal personnel, in particular, in the course of municipal law of the Russian Federation.

Approbation of results research. The dissertation research was carried out at the Department of Municipal Law and Environmental Legislation of the Southern Federal University. Basic provisions and the conclusions of this study were reflected in published scientific articles, speeches and abstracts at scientific and practical conferences, as well as in the process of teaching at the Faculty of Law of the SFedU, including reading by the author of a thesis for a special course for masters in the program "Municipal Law and Management".

Thesis structure determined by the goals and objectives of the study.

The dissertation consists of an introduction, three chapters, including six paragraphs, a conclusion, a list of references.

In the introduction the relevance of the chosen research topic is substantiated, the degree of its scientific development is assessed, the subject and goals of the research are determined, the main provisions submitted for defense are formulated, the scientific novelty and practical significance of the dissertation work are argued.

First chapter– “MUNICIPAL SERVICES IN THE SYSTEM of the legal nature of municipal services as a special institution of public services.

In the first paragraph - "The concept and legal content of public services as an institution of social statehood", the author's understanding of public services as a relatively independent legal category is substantiated, the main aspects of its content are identified, including in relation to the concept of "public function", intersectoral consolidation and implementation of the basic principles for the provision of municipal services.

An analysis of the trends in the development of modern state systems (including foreign countries) allows us to conclude that at present the constitutional and other legal characteristics of statehood as a kind of reaction to socio-economic, political changes in modern world. Particular importance - in the order of attempts at contradictions - is given to the social areas of the state's activities, the improvement of the relevant state and public institutions. In scientific and theoretical terms, this is concentratedly reflected in the concept of a "service state", focused on understanding the main activities of all levels of public authority in a modern state as a "service" to citizens, providing them with socially significant services.

This fully applies to the “grassroots”, closest to the population, level of public authority – local self-government. Taking into account these trends, the very understanding of services is changing, there is a transition from an exclusively civil law understanding to a public law, constitutional content of this category, associated with an understanding of the relationship between “service maintenance” of the population and the functions of the state as a whole, with the very understanding of the modern state as a social, which directly affects the activities of the entire system of public authorities in the person of both government agencies and local governments.

In the Constitution of the Russian Federation, the service is literally used, primarily in the economic aspect - in connection with the consolidation of the principle of freedom of movement of services in market conditions (part 1 of article 8, part 2. 74). However, the real content of the category of public services, including in its constitutional consolidation, according to the author, is not limited to the economic side, it has a broader social and legal content.

The analysis made it possible to conclude that the essence of a public service is the public obligation to ensure the rights and freedoms of a person and a citizen, primarily social rights. Taking into account the nature and characteristics of legal relations arising between citizens and the state, the author defines public services as the main type of daily public-power activity aimed at providing socially significant benefits to a specific person, in the process of obtaining which the basic rights and legitimate interests of citizens are realized.

Public services are a combination of two subsystems of state and municipal services. In this regard, there is, accordingly, a combination of two interconnected channels for providing services, the characteristics of which are predetermined by the characteristics of the state and municipal authorities, their interaction in order to pursue a unified social policy of the state at all levels of the territorial organization of public authorities.

state, municipal bodies are reduced to the provision of public services. Therefore, these terms cannot be identified. For example, supervisory, rule-making functions are implemented in an imperative manner, regardless of the will and desire of citizens, and therefore they cannot be equated with public services. Being put into practice, the life support function of the state takes the form of a public service.

Thus, a service is that segmental (authoritative-competent) part of a public function that arises at the moment a citizen applies and stops at the moment of receiving the result of a public service related to the realization of the rights and interests of citizens.

This issue is of fundamental importance, the dissertation believes, since at present there is not always justified transfer to the status of public services of those areas of activity (functions) of state or municipal bodies that are very doubtful to attribute to the provision of services1.

The second paragraph - "The essence of municipal services as a manifestation of the social function of local self-government" reveals the specific characteristics of municipal services in relation to the nature of the Russian Federation as a social state, as well as their importance in the system of public services.

Based on its constitutional nature, local self-government, along with other levels of public authority, is responsible for implementation. First of all, local (municipal) rule-making is a confirmation of this. See for example:

Decree of the administration of Klinsky municipal district Moscow region dated April 10, 2013

N 599 "On approval of the Administrative Regulations for the provision of municipal services "Implementation of municipal housing control on the territory of the Klinsky municipal district" // Sickle and hammer. 05/23/2013. N 38/1; Resolution of the Head of the Solnechny village council of the Zolotukhinsky district of the Kursk region of June 02, 2011 No. 35 "On approval of the administrative regulations of the Administration of the Solnechny Village Council of the Zolotukhinsky District for the provision of the municipal service "Inspections in the implementation of municipal control" // Information Bulletin of the Administration of the Solnechny Village Council. 28.07.2011. No. 35; Decree of the Administration of the Nayfeldsky rural settlement of the Birobidzhansky Municipal District of the Jewish Autonomous region dated July 29, 2013 N "On approval of the administrative regulations for the provision of municipal services" Implementation of municipal land control on the territory of the municipality "Naifeldskoye rural social function of the Russian state the kingdom proclaimed in Art. Constitution of the Russian Federation. Moreover, effective management of the socio-economic sphere, the solution of social policy problems is possible only with the integrated participation of both state and municipal authorities. At the same time, local self-government as the closest form of municipality to the population. In this regard, public services provided at the municipal level, taking into account the constitutional and legal characteristics of local self-government, are being transformed, as it were, acquiring the characteristics of municipal services.

Based on the analysis of existing doctrinal approaches, the author comes to the conclusion that the essence of the municipal service is the manifestation of the social function of the Russian statehood. In such conditions, on the one hand, local governments exercise their powers to resolve issues of local importance, and on the other hand, the population realizes its own rights and legitimate interests in an individual and (or) collective form. Therefore, the quintessence of municipal services is the combination of the individual interest of each person, expressed in the satisfaction of the claim by receiving the service, and the public interest associated with the functioning of public authorities.

1) Comprehensive nature of municipal services; social relations in which they are implemented are based on the norms of not only municipal, but also constitutional, administrative, financial, civil, and other branches of law.

settlement" // Intermunicipal information bulletin of the Birobidzhan municipal district.

08/01/2013. N 119, etc.

2) The limited spatial and territorial scope of the provision of municipal services, which is the territory of a particular guarantee and implementation of local self-government must be provided throughout the territory of the Russian Federation, the provision of municipal services extends, ultimately, to the entire territory of the Russian Federation.

3) The main social purpose of the municipal service is to guarantee the rights and legitimate interests of citizens; Ultimately, the activities of local governments to ensure rights and freedoms are aimed at the entire population of the country living in municipalities.

understanding of this area of ​​activity as being carried out directly at the request, in accordance with the requests of the applicants.

Critically evaluating the current legal regulation of the institution of municipal services, the author makes certain proposals for its improvement, raises the question of the need to systematize existing municipal regulations in the field of services. At the same time, a variant of a kind of primary systematization is proposed, which, first of all, has a pragmatic purpose for citizens, in the form of a Directory of municipal services. It is assumed that the Directory can be developed by the executive and administrative body - the local administration - and approved by the head of the municipality. But another option is also possible: the passage of the draft Directory through the representative institutions of local self-government (its discussion through public hearings, approval, for example, at a meeting of the committee (commission) on local self-government of a representative body, etc.). This manifests the fact that, by its legal nature, a “quasi-normative” act; it is not intended to create new rules for the provision of services, but, first of all, it should consolidate the existing ones in other, at various levels, normative legal acts.

At the same time, the dissertation proposes the structure of the Directory of municipal services, and gives the main characteristics of the relevant sections. The structure of the Directory should be built in such a way that before applying for a municipal service, citizens can get answers to the main questions: where to go, what is the working hours and location of the body or organization, the approximate cost of the service and the list of required documents, etc.

Attention is also drawn to the fact that the current construction of the system of regulation of the institution of municipal services does not fully take into account, at least in most subjects of the Federation, national, historical, cultural, ethnic, religious and other local traditions, the need for which follows from the very concept of local self-government.

This is especially important for municipalities with a multinational, multi-confessional population, such as, for example, in the Southern Federal District (the practice of legal regulation of the institution of municipal services in this district is analyzed in more detail in the dissertation compared to other regions of the Russian Federation). Under such conditions, local self-government bodies should deal with, among other things, non-traditional, “nationally specific” issues. Thus, in the structure of the administration of the city of Rostov-on-Don, a Committee on Interethnic Issues, Religion and Cossacks was created, which is designed to resolve issues related, among other things, to the provision of subsequent services in the field of interethnic relations (consideration of applications and preparation of proposals for the transfer of national cultural associations and Cossack societies of municipal property and land in ownership or lease for conducting statutory activities;

preliminary approval of the provision of land for the construction of places of worship (temples); acceptance and consideration of confirmations for their subsequent state registration, etc.) The third paragraph - "Basic principles for the provision of municipal services: a comprehensive nature, features of regulatory and legal consolidation" - the author's understanding of the principles for the provision of municipal services is given, their system is proposed and the intersectoral nature is justified fastening.

The principles of providing municipal services are municipal services to the population. Their system consists of special and general principles. The special ones include those that have received direct regulatory and legal consolidation at various levels of legal regulation, including municipal ones. To the general principles of providing self-government in their normative manifestation in the organizational and legal mechanism for the formation and provision of municipal services. After all, the general principles fix not only the beginning of the exercise of public (municipal) power, but also the conditions for the implementation of individual and collective rights of citizens at the place of residence and, therefore, have a direct legal and regulatory impact on the mechanism for the provision of municipal services.

activities to address issues of local importance in various areas, complex legal regulation. Therefore, the general and special principles for the provision of municipal services are intersectoral in nature, based on the norms of constitutional, municipal, financial, land, environmental, civil, labor and other branches of law.

THE SYSTEM OF GUARANTEE OF CONSTITUTIONAL RIGHTS AND

FREEDOM OF A HUMAN AND A CITIZEN” - a comprehensive analysis of the goals, principles and functions of the current mechanism for the provision of municipal services is presented, the impact of certain types of services on guaranteeing the constitutional rights and freedoms of citizens is studied.

normative-legal system of guaranteeing the rights of citizens and ensuring their equality, regardless of place of residence" - is devoted to the analysis of certain types of municipal services in connection with the problem of guaranteeing the rights of citizens and the need for consistent observance of the constitutional principle of equality, regardless of place of residence, in the implementation of these, including social rights.

In the specialized literature, the assertion that the types of municipal services provided by municipalities directly depend on issues of local importance, which Federal Law of October 6, 2003 N 131-FZ (as amended on November 2) "On general principles of the organization of local self-government in the Russian Federation" correlates with certain types of municipalities.

In addition, the said law determined the main areas in which local governments are obliged to organize the provision of municipal services: education; medical care; culture and sports;

Department of Housing and Utilities; transport, communications, etc.

Municipal entities that differ in the number of residents, territory, local natural and climatic conditions, the level of development of social infrastructure, etc., respectively, differ in the list of services provided. Moreover, in the conditions of social stratification, the paid basis for the provision of most municipal services, the set of services for which citizens have a real opportunity (primarily financial and material) also differs significantly.

In the conditions of our state, the problem of equalizing the provision of municipal services to the population, taking into account the need to overcome social stratification, reaches the constitutional level. One of the important means of solving this problem should be financial mechanisms for equalizing municipalities, including from the point of view of guaranteeing appropriate social conditions for the life of the population, the provision of basic services in the field of education, healthcare, etc. based on the constitutional principle of equality of rights and freedoms of man and citizen regardless of the place of residence (part 2 of article 19).

In this regard, it is proposed to create specialized territorial funds for social equalization at the level of subjects of the Russian Federation.

The sources of formation of funds of such funds can be: deductions from certain regional and (or) local taxes and fees in the amounts established by the regulations; gratuitous receipts from other budgets of the budgetary system of the Russian Federation; gratuitous receipts from individuals and legal entities.

Based on a comprehensive analysis of the main indicators of the socio-economic condition of municipalities (including average wages, household income per person, the number of disabled people, poor citizens, single pensioners, the average cost of municipal services, etc.), those where there are low rates of such development, funds should be allocated from the territorial social equalization fund.

Such funding could have a multi-purpose purpose, such as: financial assistance for the purchase of housing for persons found to be in need of housing; additional payments to persons whose income level is below the subsistence level; creation of additional jobs; social assistance to children from low-income families who stay in municipal preschool institutions or receive secondary education in municipal educational institutions;

financial assistance to the disabled and single pensioners, etc.

Thus, the territorial social equalization funds should become an important tool for overcoming the socio-territorial inequality of the population of municipalities, including in terms of the provision of municipal services.

In the second paragraph - "Organizational and legal mechanism for the provision of municipal services: methods of organizing the provision and subjects of receipt" - the author examines in detail the methods of organization, forms of provision of municipal services, analyzing both positive experience and shortcomings of regulatory regulation and law enforcement practice in this area.

to the population not only through the created structures, but also directly.

special (but not always specialized) structures - municipal enterprises and institutions. The dissertation discusses the features of their legal status as subjects of the provision of municipal services.

At the same time, in connection with the need to expand the volume and catalog (types) of public (municipal) services for public authorities, it is increasingly important to interact with the private sector in order to effectively jointly solve generally significant socio-economic problems in this area. The development of municipal-private partnership, of course, has a positive effect on local governments, and for the business sector gets the opportunity to develop their business, receive tax and other benefits, guarantees. At municipalities, the revenue base of local budgets is increasing, the infrastructure of settlement territories and their social sector is developing. Commercial structures in their work on the provision of municipal services have the opportunity to use more effective ways, new forms and achievements to improve the processes of providing services to the population, which improves the quality and accessibility of municipal services for citizens.

However, municipal-private partnership in this, basically social sphere, needs consistent legal regulation in the exercise of control over the population over this activity.

The author also characterizes the institution of intermunicipal cooperation as a relatively new way of organizing the provision of municipal services. Although this type of relationship between various municipalities has a number of advantages, such as the consolidation of financial resources and efforts of several municipalities, the most complete consideration of the interests of the population living in the respective territories, which obviously improves the quality and accessibility of municipal services, inter-municipal cooperation has not yet received due development, including in the constituent entities of the Russian Federation of the Southern Federal District.

At the same time, this paragraph considers the provision of municipal services on the basis of multifunctional centers for the provision of state and municipal services on the principle of "one window".

The creation of such centers, of course, facilitates the procedure for obtaining municipal services for a citizen in terms of saving time, Money, the number of documents provided, etc. In this regard, there is a positive experience of the functioning of the MFC in the Rostov region. In general, the legal regulation and organizational and methodological support of the activities of the MFC has a number of uncertainties that require clarification at the legislative level: this is the organizational and legal form, and the main documents regulating their work, and financial support, etc.

When choosing a method for organizing the provision of municipal services, it is essential to take into account the specifics of municipalities, therefore there are no and cannot be universal mechanisms for the provision of municipal services. When creating and improving such mechanisms, one should take into account the type of municipality, the level of development of social infrastructure, the financial resources of both the municipality and income, the level of social stratification of the population, etc.

In the third paragraph - "Administrative regulations in the system of legal regulation of municipal services" - the dissertator, having analyzed the approaches to understanding administrative regulations available in the scientific literature, highlights the legal features of the administrative regulations of local governments, as well as their significance in the mechanism for the provision of services.

Administrative regulations for the provision of municipal services can be viewed as a kind of guarantee that local governments observe the rights and legitimate interests of citizens, which, in turn, can monitor and evaluate the performance by authorities of their powers to provide services.

The paper focuses on the nature of administrative regulations developed and approved by local governments.

It is generally accepted to understand administrative regulations as an institution of administrative law (which has, among other things, terminological confirmation). Of course, administrative regulations by state bodies, as well as other relations related to the creation of conditions for solving relevant problems. In this regard, the scope of the regulations is really administrative-legal relations.

However, the system of administrative regulations also includes those acts (regulations) that have the subject of their regulation developed and adopted by local governments, and they are already sources of municipal law.

Thus, without calling into question the expediency of using the unified name "Administrative Regulations", the author comes to the conclusion that these acts are heterogeneous in nature and sectoral affiliation.

provision of services, according to the author, need to be strengthened by the ability to exercise control and assessment on the part of the population of the performance by local governments of their powers to provide municipal services, which fully corresponds to the very nature of these services as the closest to the population. For these purposes, it is necessary not only to more effectively use the possibilities of the current legislation, but, in addition, it is advisable to develop in accordance with paragraph "b" of Part 1 of Art. 72 of the Constitution of the Russian Federation of normative legal acts of the constituent entities of the Russian Federation, as well as acts of local self-government on control over the provision of municipal services.

In chapter three - "MAIN PROBLEMS AND DIRECTIONS

IMPROVEMENT OF ORGANIZATIONAL AND LEGAL

MECHANISM FOR RENDERING MUNICIPAL SERVICES” - a comprehensive analysis of the main directions for improving the organizational and legal mechanism for the provision of municipal services is presented, existing gaps, other shortcomings are stated and their options for eliminating them are proposed.

modern society, the provision of municipal services in electronic form. This way of providing services involves the use of information and telecommunication technologies, including a single and (or) regional portal of municipal services, as well as a universal electronic card.

municipal services should provide applicants with a wide range of opportunities: 1) obtaining up-to-date and reliable information about services;

2) filing an application for receiving the service, as well as other necessary documents;

3) informing about the progress of the request; 4) obtaining the result of a municipal service, if it can be provided in in electronic format(in practice, electronic receipt of the result is possible only with the advisory nature of the municipal service); 5) payment of a fee or payment for the provision of a service.

Most of these opportunities today remain inaccessible to many citizens for a number of reasons. Thus, the service portal does not contain information about many services that are in mass demand;

not all services work in the mode of preliminary submission of electronic forms and applications; there is no information about the current state of the request execution. Obtaining the result of a municipal service in electronic form is possible only if such a request is advisory in nature, in all other cases the applicant has to personally visit the relevant authorities (organizations).

When introducing electronic municipal services, it is important to take into account the social stratification of Russian society, differences in the development of technical means of communication, which makes it impossible to receive electronic services1. Therefore, an important direction in such conditions should be taking into account the characteristics of certain categories of citizens.

As of 2013, only 4.2% of the country's citizens are registered on the Unified Portal of State and Municipal Services, which provides services in electronic form (according to the Ministry of Communications of Russia).

The transition to electronic services should occur smoothly, in the mode of raising the standard of living of citizens and educating the population, increasing its legal culture.

In the same row - the tasks of the widespread introduction of a universal electronic card, which is designed to identify its holder in the provision of municipal services. The card combines the capabilities of a citizen identification card and a payment card, an insurance certificate in the pension system and a compulsory medical insurance policy, and an electronic signature certificate.

While the process of introducing universal electronic cards is episodic, citizens are reluctant to use it, primarily because of fears for the safety of personal data, which in this case will be concentrated on one carrier1.

An important step towards improving the existing mechanism for the provision of municipal services should be to improve the professional training of officials involved in the provision of services to the population, employees of the MFC. In this regard, it is advisable to create special platforms for these persons for training and advanced training. Rostov region is the only Russian region where a personnel training system for multifunctional centers has been formed to date.

On the basis of the South Russian Institute, a branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, a training ground for training employees to work at the MFC was created. The educational institution has been functioning for more than 3 years, representatives from 11 regions of Russia are trained annually.

dissertation research.

In total, about 50 thousand universal cards have been issued in Russia since the beginning of 2013 (750 in the Rostov region).

Articles in leading peer-reviewed scientific journals included in the list 1. Dmitrieva E.A. Provision of municipal services in electronic form:

current state and development prospects // Constitutional and municipal law. 2012. No. 3. S. 51-54. (0.3 p.l.) 2. Dmitrieva E.A. On some issues of the implementation of the powers of local governments to provide municipal services // Problems of Law.

International legal journal. 2012. No. 4. P. 115-118. (0.3 p.l.) 3. Filimonova (Dmitrieva) E.A. Principles for the provision of municipal services:

system, features of the legal nature // Science and education:

economy and economy; entrepreneurship; law and management. 2013. No. 11. S.

101 - 106. (0.4 p.l.) 4. Filimonova (Dmitrieva) E.A. Related services as a special type of municipal services (features of the legal nature) // Constitutional and municipal law. 2013. No. 12. (0.3 pp) 5. Dmitrieva E.A. Municipal service as a specific form of ensuring the right of citizens to health care and medical care // Legal science and education in Russia at the beginning of the XXI century: new directions:

Growth. state University of Communications. - Rostov n / D, 2010. S. 117-120. (0.3 p.l.) 6. Dmitrieva E.A. Features of the organizational and legal mechanism for the provision of municipal services to the population // Legal Order: Actual Problems of the Development of State Legal Institutions / Ed. cand. history Sciences, Assoc. G.F.

Barkovsky; cand. philosophy Sciences, Assoc. S.O. Belyaeva; Dr. Phil. Sciences, Dr. jurid. sciences, prof. G.S. Pratsko. - M.: Vuzovskaya kniga, 2010. - S. 598-613. (0.8 p.l.) 7. Dmitrieva E.A. Types of municipal services in Russia // Science and education: economy and economy; entrepreneurship; law and management.

2011. No. 6. S. 92-96. (0.3 p.l.) 8. Dmitrieva E.A. On the issue of the nature of municipal services as a manifestation of the social function of local self-government // Modern concepts of interaction between private and public law: legal doctrine and law enforcement practice: Collection of scientific articles based on materials of the VI International Scientific and Practical Conference. / Growth. state economy Univer. - Rostov-on-Don. 2011. S. 83-85. (0.3 p.l.) 9. Dmitrieva E.A. On the improvement of the organizational and legal mechanism of constitutionalism: doctrine and practice. Materials of the interuniversity scientific and practical conference (Southern Federal University, October 23, 2010) and round table(St. Petersburg State University, March 5, 2011) / Ed. ed. - prof. N.S. Cooper. - Rostov n / D-SPb: Profpress, 2011. S. 152-156. (0, s.l.)

penal law Abstract of the dissertation for the degree of candidate of legal sciences Kazan - 2007 2 The work was done at the Department of Criminal Law and Criminology of the Samara Law Institute of the Federal Penitentiary Service of the Russian Federation Supervisor: Doctor of Law...» “Popova Olesya Anatolyevna DIAGNOSTIC STUDY OF HANDWRITING AS A BASIS FOR REVEALING THE TYPE OF THINKING TASKS OF THE PERFORMER OF THE MANUSCRIPTION Specialty 12.00.09 – criminal procedure, forensic science; operational-investigative activity ABSTRACT of the dissertation for the degree of candidate of legal sciences Tomsk - 2011 The work was done at the Department of Criminalistics of the State educational institution higher vocational education Tomsk State University...» Oksana Nikolaevna Veretennikova ADMINISTRATIVE AND LEGAL REGULATION OF EXTERNAL MIGRATION IN THE RUSSIAN FEDERATION Specialty 12.00.14 – administrative law; financial right; information law Abstract of the thesis for the degree of candidate of legal sciences Yekaterinburg 2009 The dissertation was completed at the Department of Administrative Law and Administrative Activities of the Department of Internal Affairs of the Ural Law Institute of the Ministry of Internal Affairs of Russia scientific supervisor: Doctor of Law,...» «ERMOLINA Marina Anatolyevna INTERNATIONAL LEGAL STANDARDS FOR EMERGENCY ACTIONS IN PROTECTING THE WORLD OCEAN FROM ACCIDENTAL POLLUTION FROM SHIPS Specialty 12.00.10 International Law; European law ABSTRACT of the dissertation for the degree of candidate of legal sciences St. Petersburg 2010 2 The work was done at the Department of International Law of the Faculty of Law of St. Petersburg State University....» “Egorova Marina Vladimirovna CONSTITUTIONAL AND LEGAL STATUS OF TERRITORIAL COLLECTIVES IN FRANCE Specialty 12.00.02 - constitutional law; constitutional litigation; municipal law ABSTRACT of the dissertation for the degree of candidate of legal sciences Moscow - 2012 2 The work was carried out at the Federal State Budgetary Educational Institution of Higher Professional Education Moscow State Law Academy named after O.E...." “Dzhagaryan Armen Armenovich LOCAL SELF-GOVERNMENT IN THE SYSTEM OF SOCIAL STATEHOOD OF THE RUSSIAN FEDERATION Specialty 12.00.02 – constitutional law; constitutional litigation; municipal law ABSTRACT of the dissertation for the degree of Doctor of Law Rostov-on-Don - 2012 The dissertation was completed at the Department of Municipal Law and Environmental Legislation of the Federal State Autonomous Educational Institution of Higher Professional Education Southern Federal University Scientific consultant: Bondar Nikolay ...» “STARIKOV VYACHESLAV IVANOVICH CONSTITUTIONAL AND LEGAL RESEARCH OF THE RIGHT TO A FAVORABLE ENVIRONMENT AND THE RIGHT TO RELIABLE INFORMATION ABOUT ITS STATE (based on materials from the Ural Federal District) Specialty: 12.00.02 – constitutional law; municipal law Abstract of the dissertation for the degree of candidate of legal sciences Chelyabinsk - 2012 2 The work was done at the Department of Constitutional Law and Municipal Law of the Faculty of Law of the Federal ... 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Scientific..." “MIKHAILOVA EKATERINA VLADIMIROVNA PROCEEDING FORMS OF PROTECTION OF SUBJECTIVE CIVIL RIGHTS, FREEDOM AND LEGAL INTERESTS IN THE RUSSIAN FEDERATION (JUDICIAL AND NON-JUDICIAL) Specialty: 12.00.15 – civil procedure; arbitration process Abstract of the dissertation for the degree of Doctor of Law Moscow - 2013 1 The work was done at the Department of Civil Procedure and Business Law of the Federal State Budget Educational ... " “Mohammad Yousef Ibrahim Salman Al-Marh Constitutional supervision in the Kingdom of Bahrain Specialty 12.00.02 – constitutional law; municipal law Abstract of the dissertation for the degree of candidate of legal sciences Moscow 2009 2 The work was done at the Department of Constitutional and Municipal Law of the Peoples' Friendship University of Russia Official opponents: Doctor of Law, Professor Bessarabov Vladimir Grigorievich Candidate of Law, Associate Professor ... " "BABUSHKIN Vladimir Stanislavovich LEGAL REGIME OF THE UNIFIED STATE REGISTER OF RIGHTS TO REAL ESTATE AND TRANSACTIONS WITH IT Specialty: 12.00.14 - administrative law, financial law, information law ABSTRACT of the dissertation for the degree of candidate of legal sciences Moscow - 2010 and Financial Law GOU VPO Khabarovsk State Academy of Economics and Law Doctor of Law, ... 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" “TROFIMOV Vasily Vladislavovich LEGAL FORMATION IN MODERN SOCIETY: THEORETICAL AND METHODOLOGICAL ASPECT Specialty 12.00.01 – Theory and history of law and state; history of doctrines about law and state ABSTRACT of the dissertation for the degree of doctor of legal sciences St. Petersburg - 2011 2 Derzhavin Scientific ... " “GURRHEY SERGEY YURIEVICH LEGAL REGULATION OF TRANSPORTATION BY URBAN PUBLIC PASSENGER ROAD TRANSPORT Specialty 12.00.03 – civil law; business law; family law; international private law Abstract of the dissertation for the degree of candidate of legal sciences Chelyabinsk - 2007 The dissertation was completed at the Department of Business and Commercial Law of the State Educational Institution of Higher Professional Education Yuzhno-Uralsky ... " “Chupakhin Igor Mikhailovich RESOLUTION OF THE COURT OF ARBITRATION: THEORETICAL AND APPLIED PROBLEMS Specialty 12.00.15 – civil procedure, arbitration process Abstract of the dissertation for the degree of candidate of legal sciences Yekaterinburg - 2012 State Law Academy Scientific...» “Bakhaev Anton Aleksandrovich ADMINISTRATIVE AND LEGAL REGULATION OF ROAD TRAFFIC: ISSUES OF SAFETY AND RESPONSIBILITY Specialty 12.00.14 – administrative law, financial law, information law ABSTRACT of the dissertation for the degree of candidate of legal sciences Chelyabinsk 2009 The dissertation was completed at the Department of Constitutional and Administrative Law of the State Educational Institution higher professional education South Ural ... " «ANTSIFEROV Viktor Alexandrovich PERFORMANCE OF OBLIGATIONS OF PROPERTY INSURANCE UNDER THE CIVIL LAW OF RUSSIA Specialty 12.00.03 - civil law; business law; family law; international private law Abstract of the dissertation for the degree of candidate of legal sciences Krasnodar - 2012 2 The dissertation was completed at the Department of Civil Law of the Federal State Budgetary Educational Institution of Higher Professional Education Kuban State Agrarian University Supervisor: candidate of legal sciences ... "

Source: Electronic catalog of the branch department in the direction of "Jurisprudence"
(Libraries of the Faculty of Law) of the Scientific Library. M. Gorky St. Petersburg State University

Public Services:

AR
M801 Morozova, E. V. (Elena Vladimirovna).
Public services: Theoretical and legal aspect:
Abstract of the dissertation for the degree
candidate of legal sciences. 12.00.01 - Theory and history
state and law; History of the doctrines of law and the state
/E. V. Morozov; Scientific hands N. I. Petrenko. -M., 2009. -22
With. -Bibliogr. : With. 21 - 22.11. links Material(s):

• Public services: Theoretical and legal aspect.
  Morozova, E. V.
  

  Morozova, E. V.

  Public services: Theoretical and legal aspect: Abstract of the dissertation for the degree of candidate of legal sciences

  general description of work

  Relevance of the research topic. The events that have taken place in the last decade have radically changed the socio-political and socio-economic situation in our society. Changes in the Russian economy have significantly transformed our ideas about the goals, priorities and methods for implementing the social function of the state. The main purpose of the state is not the influence of power, but the provision of services. Recognition that the state was created to provide services to citizens, that meeting the needs of citizens is the main goal of the existence of the state, ensures the priority of human rights as the highest value that determines the meaning and content of the activities of state power.

  “The rights of the individual to positive services from the state” were noted as the most important in the system of human rights and freedoms by B.A. Kistyakovsky, a well-known Russian state scientist of the last century, but only today their provision is turning into one of the main duties and goals of the state. The development of a course towards the comprehensive provision of the rights and legitimate interests of citizens, the further socialization of the state, associated with the rethinking of its functions in accordance with the trends of social development, give the issue of providing public (public) services new and more important.

  In the modern legal system of the Russian Federation, public services are recognized as one of the leading categories and their importance, especially in the context of the ongoing administrative and municipal reform, is increasing every year. The modern market of public services is characterized by its growth trend and rapid diversification. The variety of services that are able to meet the individual and collective needs of the individual, society and the state, necessitates their legal regulation. This is evidenced by the intensively developing legislation on public services in recent years, which establishes the types of services, the subjects of their provision, provision and receipt, strengthens legal guarantees of the rights and legitimate interests of citizens and legal entities when receiving services.

  Meanwhile, despite the importance and doctrinal significance of public services, Russian legislation still lacks a clear definition of the concept of a public service. Among scientists there is not only

  unity of opinions regarding the types of services or the system of their legal regulation, but also a common understanding of the essence of a public service, a generally recognized conceptual apparatus. In the specialized literature, activities to meet the needs of the population, to provide public goods are described in terms of both public services, and public services, and public services, and social services. The theory of public services in domestic legal science has not been sufficiently developed. Legal regulation of public services is carried out directly in the course of building a system for their provision, without prior proper scientific justification of the categories and tools used.

  In such conditions, theoretical studies conducted with the aim of improving the legal basis for the provision of public services become especially relevant. Firstly, this will make it possible to come to important generalizations that can most profoundly reflect the nature of the phenomenon under study; secondly, to reveal a real picture of the impact on social relations by a different set of legal means. Both of these factors seem to be extremely significant for understanding not only the essence of public services, but also their relationship with various legal phenomena.

  The relevance of the study of the legal concept of public services is currently determined not only by the indicated circumstances, due to which services have become one of the leading categories in domestic jurisprudence, but also by the intensive development of relations arising in connection with the provision of services. Since the general concept of a service has rather vague contours, both in doctrine and in positive law, is interpreted by scientists and legal practitioners in different ways and has many semantic shades, in the near future the relevance of the topic, even with an increase in the number of studies on services, will not be exhausted.

  The degree of scientific development of the problem. Since the topic of the dissertation research belongs to the field of theoretical and legal science, the author, when developing the topic, used general theoretical scientific works on the problems of the theory of state and law of the following scientists: N.G. Alexandrov, M.I. Baitin, E.Ya. Batalov, A.B. Vengerov, V.I. Goiman-Chervonyuk, P.K. Goncharov, G. Jellinek, L.I. Zagainov, I.A. Ilyin, S.V. Kalashnikov, L.I. Kask, D.A. Kerimov, E.A. Lukasheva, A.V. Malko, G.V. Maltsev, M.N. Marchenko, N.I. Matuzov, L.A. Morozova, V.S. Nersesyants,

  P.I. Novgorodtsev, N.B. Pakholenko, N.V. Scarecrow, V.V. Subochev, N.V. Chernogolovkin, V.A. Chetvernin, L. von Stein, L.S. Yavitch and others.

  The theoretical and applied basis for the analysis of the service phenomenon are the works of such researchers as M.I. Braginsky, V.V. Vitryansky, S.A. Belov, E.V. Gritsenko, A.V. Drozdova, T.V. Zhukova, S.A. Kirsanov, N.V. Kiseleva, O.A Krasavchikov, S.E. Naryshkin, A.V.

  Nesterov, A.F. Nozdrachev, A.T. Oschurkov, N.V. Putilo, E.G. Reshetnikova, A.M. Sergeenko, M.G. Smirnova, Yu.N. Starilov, E.V. Talapina, L.K. Tereshchenko, Yu.A. Tikhomirov, T.Ya. Khabrieva, A.V. Sharov, A.E. Shastitko, N.A. Sheveleva, E.D. Sheshenin, D.M. Shchepin, A.V. Yatskin and others.

  The object of the study is the legal relations arising in the process of legal regulation of the provision and receipt by citizens and legal entities of public services. Attention of the dissertation

  focuses on the theoretical aspects of public services, delimiting itself from a detailed analysis of sectoral legislation.

  The subject of the research is the legal nature, content and essence of public services, their main features and types, limits, forms and principles of legal regulation.

  The aim of the study is to search, analyze and identify the essential features of a public service as a legal category, construct its theoretical and legal definition, separate and delimit from related concepts, classify and clarify the relationship between various types of public services. Also, the most important goal is to determine the principles and ways of optimizing the legal regulation of the provision of public services.

  Within the framework of the goals set in the dissertation work, the following tasks are solved:

  Analyze the legal nature of public services, their role and significance in the modern Russian legal system;

  Define the legal concept of a public service, identify its essence, content, main features;

  Based on the analysis of specific characteristics, propose a classification of public services, identify the relationship between public services and other types of services;

  Analyze the current state of the legal regulation of public services;

  Propose a system of principles for the legal regulation of public services;

  Formulate proposals aimed at improving the legal framework for the provision of public services in the Russian Federation.

  The methodological basis of the study was the comparative legal method, the dogmatic method, that is, the study of the dogma of law, based on the provisions of the current positive law, legislation and by-laws, using lexical, systematic and authentic interpretation, as well as the dialectical method, including methods of analysis and synthesis , induction and deduction, historical, systemic, functional approaches.

  The normative-legal and empirical base of the study was made up of international and domestic regulatory legal acts: the Universal Declaration of Human Rights, the Declaration of Social Progress and Development, the International Covenant on Economic, Social and Cultural Rights, the Constitution of the Russian Federation, the Budget Code of the Russian Federation, the federal law "On General

  principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and other international acts and federal laws, as well as laws of the constituent entities of the Russian Federation and by-laws regulating legal relations in the field of providing public services.

  The performance of the work required the analysis of bills, reference and analytical materials on the problems of legal regulation of the provision of public services.

  Scientific novelty of the dissertation research. The dissertation is one of the first works that comprehensively explores the general theoretical and practical problems of providing public services in the Russian Federation. Based on a comprehensive analysis of the legal nature of public services, the identified criteria and principles of legal regulation of their provision, an innovative holistic concept of the legal category "public service" is proposed.

  The dissertation carried out a legally significant classification of public services, which made it possible to identify the ratio of different types of services, to clarify the methodology for their regulation. As a result of the study of the system of normative acts regulating the provision of public services, a number of conclusions have been drawn that are important for theory and practice. The main provisions for defense:

  1. A public service takes place where there is a public interest in satisfying the private interest. Combining personal, public and state interests, this category is based on the dialectical unity of the individual, society and the state. The modern understanding of public services covers all types of activities carried out in the interests of society as a whole under the auspices of state power. The provision of public services should be seen as a function of the modern welfare state.

  2. A public service can be considered as a legal relationship between the state or other structures under its tutelage, on the one hand, and citizens or legal entities, on the other. At the same time, its specific features are the following:

  3. legal concept public service can be formulated on the basis of a generalization of the above characteristics: a public service is

  purposeful activity expressed in the norms of law, guaranteed by the state to satisfy the rights and legitimate interests, as well as to fulfill certain obligations of the individual or legal entity initiating it.

  4. A legally relevant classification of public services implies the following grounds for classification:

  By entities providing services: services of the public sector (which also includes the municipal sector) and the non-state sector;

  By entities receiving services: services aimed at satisfying the interests of individuals, services aimed at satisfying the interests of legal entities and services aimed at satisfying both individuals and legal entities. At the same time, it is necessary to single out the subject receiving the service and the subject consuming the benefit as a result of receiving the service;

  5. In Russian legislation, the legal construction “public service” rather than “public service” is usually used, which is explained by the goals of a particular legal act. This indicates: firstly, that the theory of public services has not been developed in the Russian Federation at present, and secondly, the high share of public services in the array of public services and their significant nature in the legal space of the modern state, and, thirdly, the need deeper attention of scientists to public services as a legal category.

  A public service is a legally established, legally established, related to the powers of the competent state executive bodies, mandatory for them law enforcement activities, financed from the relevant budget,

  aimed at realizing the rights or legitimate interests of the individual or legal entity that initiated it, as well as ensuring the fulfillment of his duties.

  6. In practice and among theorists, the greatest difficulties are caused by the differentiation and correlation of public, budgetary, commercial services and the differentiation of public services and state functions. Commercial services regulated by civil law and public services are external, subordinate concepts related to the generic concept of "service". Budgetary services are characterized by the following features: financing from the federal budget, the budget of a constituent entity of the Russian Federation, the municipal budget or the budget of the state non-budgetary fund; and the existence of a duty of a public legal entity (of the Russian Federation, a constituent entity of the Russian Federation, a municipality) stipulated by law, other regulatory legal act, contract or agreement to provide the service. Budgetary services are related to public services, as a generic concept is related to a specific one. All public services are public functions, because they are all subject to the powers of a certain level of government and fall within the competence of a particular state body, but not all public functions are public services. The latter are specific activities of the state body. Public and social services are intersecting concepts, when the volume of one of them is partially included in the volume of the other and vice versa. Some social services are public and some public services are social.

  7. The transformation of the functional activity of the Russian state into the provision of public services is accompanied by the formation of a special system of their legal regulation.

  The system of principles of legal regulation of public services, in addition to the general legal principles of legality and the priority of human rights and freedoms, is made up of specific principles of legal regulation of public services, namely:

  The principle of the unity of the legal and organizational foundations for the provision of public services;

  8. The state of the legislation governing the provision of public services is characterized by fragmentation and duplication of legal norms, differences in the legal regulation of the same types and conditions for the provision of public services, a high degree of gaps, and the lack of a unified approach to regulation. The purpose of such legal regulation is to achieve a balance in satisfying the interests of the private (the recipient of services) and the public (society as a social system interested in satisfying public services). The state in this case acts as the organizer and regulator of the system of public services. Improving the legislation regulating public services lies in the plane of systematization of disparate norms of law, filling in the gaps. It is required to adopt federal laws on the system of public services in the Russian Federation, on administrative procedures and administrative regulations. The transition to legislative, systemic regulation of the provision of public services, the development of a regulatory model of multifunctional centers for the provision of public and municipal services to the population is relevant.

  The theoretical significance of the dissertation research is to obtain new scientific knowledge about public services. The thesis identifies and summarizes at the theoretical level various aspects of the provision of public services, defines a public service, establishes the content, essence and structure of a public service, develops a legally significant classification of public services, shows the features of the relationship between various types of public services. Scientific approaches to the regulation of public services in the modern legal reality of the Russian state in the context of the transformation of its main functions are proposed. Along with the general provisions, the dissertation formulated a number of specific proposals and conclusions that are important for optimizing the legal regulation of the provision of public services.

  Practical significance of dissertation research. The provisions and conclusions of the dissertation are aimed at solving practical problems of the legal regulation of public services in the Russian Federation and can be used by legislative and law enforcement bodies of state power, as well as local governments. In addition, the results of the study can be used in the educational process when teaching general theoretical disciplines.

  Approbation of the research results. The research materials are used in the educational process when giving lectures and conducting seminars in the disciplines "Theory of State and Law", "Problems of the Theory of State and Law", "Administrative Law" at the Cheboksary Cooperative Institute. The main provisions of the dissertation are reflected in scientific papers published by the author with a total volume of 16.9 pp.

  Certain provisions of this study are reflected in the regulatory legal acts governing the provision of public services in a number of constituent entities of the Russian Federation (Tomsk, Omsk, Kostroma, Saratov regions, Stavropol and Krasnodar region, Republic North Ossetia- Alanya). The dissertation developed targeted programs improving the quality of the provision of state and municipal services to the population by order of five constituent entities of the Russian Federation. The provisions set forth in this paper formed the basis of the author's training seminars for representatives of the executive bodies of state power and local self-government on improving the quality of the provision of state and municipal services; design, examination and approval of administrative regulations for the provision of state (municipal) services; inventory of legally significant actions and related public services performed and provided by executive authorities, as well as state institutions and state enterprises under their jurisdiction; carrying out a functional analysis of state executive bodies and executive and administrative bodies of local self-government. During the period from 2006 to 2009, more than 30 such seminars were held for representatives of 18 constituent entities of the Russian Federation, organized, among other things, by international organizations.

  Dissertation structure. The dissertation consists of an introduction, three chapters, uniting 9 paragraphs, a conclusion, a list of normative sources used and scientific literature.

  The main content of the work

  The introduction substantiates the relevance of the research topic, notes its insufficient scientific development, defines the object

  and the subject of the study, its goals, objectives, methodology, theoretical and empirical basis, the provisions submitted for defense are formulated, the scientific novelty of the dissertation, its theoretical and practical significance is substantiated, information is provided on the scientific and practical testing of the results obtained.

  Chapter I "General legal characteristics of public services" consists of three paragraphs and is devoted to the characteristics of public services as a legal category.

  The first paragraph "Public services as a function of a modern welfare state" examines the concept of a welfare state, examines the evolution of the functions of a welfare state and the provision of public services as a result of the transformation of the functions of a welfare state at the present stage of development of society.

  It is noted that the functions of the state change depending on specific historical conditions, depend on the level of development of society, its economic capabilities, needs and interests of the population. The determinant of such transformations is the orientation of the functions of the state to the needs and demands of society in the person of its individual citizens, expressed in the provision of public goods and services. It is shown that the evolution of functions in this area requires the provision of both economic and political, legal means and methods. As a result, many countries have initiated appropriate reforms. In the West, the concept of a "service state" is actively exploited - the existence of power is justified only to the extent that it provides people with benefits that the market is unable to provide. Recognition that the state was created to provide services to citizens, that the provision of services to the population is the main goal of the existence of the state ensures the priority of human rights as the highest value that determines the meaning and content of the activities of state bodies.

  The welfare state is designed to effectively ensure the interests of the population, and the social function of the state is implemented through the provision of services to the population. Activities to meet the needs of society in a broad sense is defined as the provision of public or public services.

  The author comes to the conclusion that the modern understanding of public services covers all types of activities carried out in the interests of society as a whole under the auspices of state power. The provision of public services should be seen as a function of the modern welfare state.

  In the second paragraph "The concept and legal nature of public services", the author analyzes approaches to the definition of the concept of "public service" in legal science and the legal framework. A comparison of different points of view on the key features of the public service has been carried out. Significant differences in the nature of public services and services in the private law sense are revealed.

  On the basis of the identified signs of a public service and the study of its legal nature, the author concludes that a public service is a purposeful activity expressed in the rules of law, guaranteed by the state to satisfy the rights and legitimate interests, as well as to fulfill certain obligations of the individual or legal entity that initiates it.

  The third paragraph "Essence, content and structure of public services" is devoted to the study of the internal content of public services. It is shown that a public service takes place where there is a public interest in satisfying the private interest. Combining personal, public and state interests, this category is based on the dialectical unity of the individual, society and the state. A public service can be considered as a legal relationship between the state or other structures under its tutelage, on the one hand, and citizens or legal entities, on the other. At the same time, its specific features are the following:

  It is always a set of actions or activities aimed at satisfying such needs of a person that are of public interest;

  The presence of a certain result that does not have a material expression, but is a consumer value.

  A public service arises in the exercise of subjective rights and legitimate interests or in the performance of the duties of the subject.

  In its most general form, the content of services can be represented as consisting of four elements.

  1) The existence of a service is unthinkable without the fact that the subject of the legal relationship - a citizen or a legal entity - does not seek to satisfy his right or legitimate interest or fulfill his duties.

  2) This desire to satisfy a right or legitimate interest, or to fulfill obligations, i.e. in a certain sense, the way the needs are realized, must comply with existing regulatory requirements, the rule of law.

  3) The very need, the interest that the subject seeks to satisfy, should not be illegal in its essence, contrary to the national one.

  4) A person who has a right or a legitimate interest may require other persons to satisfy it, perform the actions prescribed by him and apply to the competent authorities for protection; the same applies to the performance of duties. This means that the provision of services is an independent object of legal protection and protection.

  A kind of concentrate of the content of the service is its essence.

  The essence of the legal category "public service" lies in the dialectical nature of the interaction of multi-level interests of the individual and the state, which are fully regulated and enshrined in the adopted norms of law. This interaction of the most diverse participants in legal relations is based on legal permissibility or the performance of duties of citizens or legal entities and the law enforcement activities of the competent state executive authorities.

  If some subjects (citizens, legal entities) in the provision of services have the right to demand the satisfaction of their rights, legitimate interests or the performance of their duties, then other subjects (state authorities, organizations specially authorized by the state to provide services) correspond to the obligation to perform specific actions with a real, normatively designated result.

  Without a doubt, the core of the essence of the public service is the activity aimed at satisfying public interests and needs.

  The pivotal element in this structure is such an element as the need for the subject to satisfy his need with the legal means available to him.

  The main structural element of services, embodying the most significant part of the content, is an activity aimed at meeting the needs of the subject. The essence of services located in the legal space of a modern social state has a rather simple structure, consisting of two elements that hierarchically concentrate the four-element content of the service, where the content

  The set of elements that make up a certain concept, and the structure is the way they are connected.

  Chapter II "Classification and types of public services" consists of three paragraphs devoted to the classification of public services, the characteristics of their types and the definition of the relationship between different types of public services.

  The first paragraph "Basic criteria for the classification of public services" presents the concept of classifying public services on the basis of legally relevant grounds. The dissertation proposed the following classification:

  By entities providing services: services of the public sector (including the municipal sector) and the non-public sector;

  By entities receiving services: services aimed at satisfying the interests of individuals, services aimed at satisfying the interests of legal entities and services aimed at satisfying both individuals and legal entities. At the same time, it is necessary to single out the subject receiving the service and the subject consuming the benefit as a result of receiving the service;

  In the spheres of public relations: social, economic and civil services, services that ensure public safety;

  By the orientation of the public service to ensure subjective rights, legitimate interests or obligations: services aimed at the implementation of subjective rights, services aimed at the realization of legitimate interests, services aimed at the performance of duties;

  According to the criterion of necessity for the consumer, basic and additional services can be distinguished. The main service is directly aimed at meeting a specific need. An additional service “accompanies” the main service and, as a rule, is not used separately from the main one, since there is no point in providing it separately.

  In the second paragraph "Public services as a variety of public services: concept and features" the category "public service" is explored. Russian legislation usually uses the legal construction “public service” rather than “public service”. This indicates: firstly, that the theory of public services is currently not developed in the Russian Federation, and secondly, that the high share of public services in the array of public services and their significant nature in the legal space of the modern state,

  and, thirdly, the need for more scholarly attention to public services as a legal category.

  The author analyzed how the term "public services" is used in the legislation and what is meant when it is mentioned in texts containing direct rules of law. Law, as a complex phenomenon of social reality, cannot always reflect in an adequate time mode everything that is relevant, vital for society as a whole and each of its members in particular. Despite the fact that the wording "public services" is quite often found in the texts of regulatory legal acts, its mention does not give a clear idea of ​​their essence, of what it is. Often, the legislator uses this phrase arbitrarily, without putting a certain legal meaning into it. Sometimes, in the texts of normative acts, public services are not mentioned at all, although it is obvious that we are talking exactly about them. The legislator, using this term in normative acts, did not explain it or give its definition, which applies exclusively to legal relations regulated by this normative legal act itself. It can be stated that there is only a casual interpretation of the category under consideration.

  The paragraph explores scientific approaches to the definition of public services. In general, studies of the category "public services" indicate its ambiguous use in various scientific developments, which repeats the fate of the formation of the analyzed concept in the legislation. It is necessary to note an important fact: unconditionally, the legal phenomenon that is commonly called public services has not been denied by anyone. At the same time, legal science did not set an independent task of highlighting the immanent features of public services, which seems to be a significant omission, an obstacle to the formation of a conceptual apparatus.

  Based on this hypothesis, the author identified the signs of public services, on the basis of which the dissertation derives the following definition: a public service is a public service financed from the appropriate budget, legally established, related to the powers of the competent state executive authorities, mandatory for them law enforcement activities aimed at implementing the rights or legitimate interests of the individual or legal entity that initiated it, as well as to ensure the fulfillment of his duties.

  The third paragraph "The ratio of public services with other types of services" is devoted to the issues of distinguishing between public, budgetary, commercial, social, and private services. This question causes the greatest difficulties in practice and among theorists, leading to the polarity of opinions, and sometimes the synonymous use of non-identical terms.

  The dissertation comes to the following conclusions.

  Commercial services regulated by civil law and public services are external, subordinate concepts related to the generic concept of "service".

  Budgetary services are characterized by the following features: financing at the expense of the federal budget, the budget of a constituent entity of the Russian Federation, the municipal budget or the budget of the state non-budgetary fund and the existence of a duty of a public legal entity (of the Russian Federation, a constituent entity of the Russian Federation) stipulated by law, other regulatory legal act, contract or agreement , municipality) to provide a service. Budgetary services are related to state services as a generic concept is related to a specific one.

  All public services are public functions, because they are all subject to the powers of a certain level of government and fall within the competence of a particular state body, but not all public functions are public services. The latter are specific activities of the state body.

  Public and social services are intersecting types of services, the volume of one of them is partially included in the volume of the other and vice versa. Some social services are public, and some public services are social.

  Chapter III "Mechanism of legal regulation of public services in the Russian Federation" consists of three paragraphs. The chapter is devoted to the analysis of the set of legal norms governing the provision of public services in the Russian Federation. In the course of the analysis, the dissertator formulates and substantiates proposals for improving the regulatory legal framework governing the provision of public services in the Russian Federation.

  The first paragraph "Forms of legal regulation of public services" analyzes the current normative regulation of public services in the Russian Federation. It is noted that in recent years, legislation regulating legal relations related to the provision of public services has been intensively developing. AT

  Russian legal reality regulation of public services is carried out both at the federal and regional levels. However, there are no fixed general principles of legal regulation of services and a system of means for their provision. Legislation on public services is in the process of formation, there are many imbalances and legal conflicts between legal acts in this area. A significant drawback of the current regulation of the sphere under consideration is the lack of system, the lack of unified approaches to the conceptual apparatus, principles and procedures for the provision of public services. So far there is no basic legislative act devoted to this topic. The relevance of the systematization of acts and norms in this area is noted.

  The second paragraph "Principles of legal regulation of public services" explores the fundamental ideas of legal impact on the complex system of legal relations associated with the provision of public services. The necessity of normative legal consolidation of the system of relevant principles of legal regulation is substantiated, the significance of such principles is formulated. A system of principles of legal regulation of public services has been proposed, which, in addition to the general legal principles of legality and the priority of human rights and freedoms, includes specific principles of legal regulation, such as:

  The principle of ensuring equal access to public services;

  The principle of ensuring the quality of public services;

  The principle of the unity of the legal and organizational foundations of the system of public services;

  The principle of accountability for the provision of public services;

  The principle of rationality and optimality in the provision of public services.

  In the third paragraph "Improving the legal regulation of the provision of public services in the Russian Federation", based on the study of domestic draft laws on the provision of public services, consideration of the views of Russian scientists, and also taking into account the experience of a number of foreign countries, the author made an attempt to develop a system of proposals for improving the legal regulation of public services in Russian Federation.

  The goals and objectives of the legal regulation of public services are formulated. The purpose of legal regulation is to ensure that the quality and availability of the provision of state and municipal services correspond to the preferences of recipients, taking into account the balance in meeting the interests of private and public. State, in this case, speaking

  the organizer and regulator of the system of public services, pursues antagonistic goals - strives to minimize the costs of providing public services and to improve the quality and accessibility of services. Achieving such goals is possible by solving a set of tasks that reflect the interests of the recipient, society and the state, such as:

  Reducing transaction costs for citizens and businesses to receive public services;

  Improving the comfort of places for the provision of public services;

  Raising awareness of recipients of public services;

  Expanding the variability of ways to receive public services;

  Increasing the controllability of the processes of providing public services by recipients;

  Optimization of processes for the provision of public services;

  Reduction of corruption risks in the provision of public services;

  Increasing departmental and individual responsibility for violations in the provision of public services.

  Based on the system of goals and objectives of legal regulation, it was concluded that the improvement of legislation regulating public services lies in the plane of systematization of disparate norms of law, filling in the gaps. The adoption of federal laws on the system of public services in the Russian Federation, on administrative procedures and on administrative regulations is required. The transition to legislative, systemic regulation of the provision of public services, the development of a regulatory model of multifunctional centers for the provision of public and municipal services to the population is relevant.

  Improving the quality of public services depends on solving the problems of building an interconnected, necessary and sufficient regulatory framework at all levels of regulation.

  In conclusion, the results of the study are summarized, the main conclusions and proposals of the dissertator on the issues under consideration are formulated, reflecting the scientific novelty, theoretical and practical significance conducted research. The prospects for further study of the problems associated with the creation of an effective, consistent system for the provision of public services are determined.

  The main provisions contained in the dissertation are reflected in the published works of the author:

  1. Morozova, E.V. Public services in entrepreneurial activity/ E.V. Morozova // Representative power - XXI century: legislation, comments, problems. - 2009. - No. 2 - 3. - P. 61 - 66. - 0.2 pp.

  2. Morozova, E.V. The concept of public service: legal aspects / E.V. Morozova // Law and State: Theory and Practice. - 2009. - No. 5. - P. 96 - 100. - 0.2 p.l.

  3. Morozova, E.V. Organizational and legal aspects of the provision of public services in entrepreneurial activity / E.V. Morozova // Man: crime and punishment: a scientific journal. - 2009. - No. 2 (65). - S. 125 - 129. - 0.25 p.l.

  Monograph

  4. Morozova, E.V. Public services in the Russian Federation: problems of legal regulation: monograph / E.V. Morozov. - Cheboksary: ​​printing house of the Bryndins, 2009. - 232 p. - 14.5 p.l.

  5. Morozova, E.V. Problems of theoretical understanding and legal regulation of public services / E.V. Morozova // Vestn. Cheboks. coop. in-ta. Scientific-theor. magazine. - 2009. - No. 3 (3). - S. 121 - 125. - 0.5 p.l.

  6. Morozova, E.V. Rendering services as a function of the social state / E.V. Morozova // Actual problems in the field of economics, jurisprudence, marketing, management (Part II): materials of the all-Russian. scientific-practical. conf. - Izhevsk: Polytechnic, 2009. - S. 42 - 44. - 0.2 p.l.

  7. Morozova, E.V. The ratio of public and budgetary services / E.V. Morozova // Innovations in the educational process: Sat. scientific works. - Cheboksary: ​​Cheboks. Polytechnic Institute, Institute, 2009. - Issue. 7. - S. 334 - 339. - 0.2 p.l.

  8. Morozova, E.V. The main problems in the regulation of public services based on the MFC and ways to solve them. Administrative reform and civil service reform: implementation efficiency at the federal and regional levels / E.V. Morozova // Proceedings of the Interregional Scientific and Practical Conference "Administrative Reform and Civil Service Reform as Tools for Improving Efficiency government controlled federal and regional level of implementation" April 24 - 252008 - Khanty-Mansiysk: Partner, 2008. - P. 167 - 172. - 0.25 pp.

  9. Morozova, E.V. On conducting experiments and implementing pilot projects to introduce new approaches to the organization of public service in Chuvash Republic/ E.V. Morozova // The strategy of public administration reform in Russia and its implementation at the regional level. - M.: Alexa, 2005. - S. 191 - 195. - 0.2 p.l.

  10. Morozova E.V. Implementation of a service contract in the state civil service of a constituent entity of the Russian Federation / E.V. Morozova // Collection of research papers in the field of state and municipal management. - Cheboksary: ​​IPK Chuvashia, 2005. - S. 66 - 80. - 0.2 p.l.

  11. Morozova E.V. Problems of evaluating the effectiveness of public service reform in the Chuvash Republic / E.V. Morozova // Actual problems of legal science and practice: Sat. scientific Art. - M.: MF MOSU, 2005. - S. 39 - 53. - 0.2 p.l.

  
  

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Information updated:06.12.2008

Related materials:
| Thesis defense

One of the most common classifications of public services is the classification depending on the area in which they are implemented. Within the framework of this classification, medical, educational, communal, informational, financial and other services are distinguished.

Several possible approaches to determining the types of public services are also proposed, one of them is based on the principle of their demand. This type of service includes: necessary services (these include household, financial, communal); legal (they are mandatory for entities providing services, for example, services related to the provision of land plots from public property, registration of rights to real estate and transactions with it, putting real estate on state cadastral registration); realizable (real) services (Figure 1).

Figure 1- Types of public services

To date, there is no single classification of public services, since there are no theoretical developments to determine their characteristics. However, public services are the legal category that really exists, has stable characteristics and requires a certain systematization.

Before defining the types of public services, it is necessary to highlight the specific features of this legal category. Studies of the totality of public services allow us to highlight the following distinctive features:

Public services are aimed at satisfying public interests (ensuring public security, economic interests, the constitutional order, etc.);

the procedure for the provision of public services is carried out through state-legal regulation;

· for the provision of public services, standards for their provision are developed and implemented;

Public services are provided by specially authorized bodies and institutions to an unlimited number of subjects.

Figure 2 - Classification of public services by subjects and source of funding

Taking into account these characteristics, it is possible to determine the types of public services. First of all, public services can be classified according to the entities providing them (Figure 2):

services provided by public authorities (public services);

services provided by local governments (municipal services);

services of the non-state sector (provided and rendered commercial organizations(individual entrepreneurs) or public organizations).

By entities receiving services, one should distinguish between:

services aimed at satisfying the interests of individuals

(utilities, household services, social services);

services aimed at satisfying the interests of legal entities and individual entrepreneurs (registration of legal entities and individual entrepreneurs, issuance of licenses, etc.);

services aimed at satisfying the interests of both individuals and legal entities (registration of rights to real estate, cadastral registration of real estate objects, and others).

From an economic point of view, such a sign of public services as the source of their financing is important, since all public services have a certain cost. In this regard, traditionally distinguish between services that are paid for the recipient, and free services.

The following classification is of great importance in compiling registers of state and municipal services, and, accordingly, is of the greatest practical interest. In accordance with it, public services can be divided into types depending on the area of ​​their provision (Figure 3):

Services in the field of land use . These include services for the provision of land plots to citizens and legal entities from state and municipal property, for setting up land plots for state cadastral registration, for registering rights to land plots.

Figure 3 - Classification of public services depending on the area of ​​their provision

Services in the field of nature management , for example, state expertise of mineral reserves, geological, economic and environmental information on subsoil areas provided for use, etc.

Services in the field of entrepreneurial activity , for example, state registration of legal entities and individual entrepreneurs, issuance of permits (licenses) for certain types of activities.

· Services in the field of social relations (social services). Depending on the purpose, social services, in turn, can be divided into the following types: social services aimed at maintaining the life of citizens in everyday life; socio-medical, aimed at maintaining and improving the health of citizens; socio-psychological, providing for the correction of the psychological state of citizens for their adaptation in the environment (society); socio-pedagogical, aimed at preventing deviations in behavior and anomalies in the personal development of social services clients, forming their positive interests, including in the field of leisure, organizing their leisure, assisting in family upbringing of children; socio-economic, aimed at maintaining and improving the living standards of citizens; socio-legal, aimed at maintaining or changing the legal status, providing legal assistance, protecting the legitimate rights and interests of citizens.

In Russia, the first mention of them in the 90s. A clearer understanding of them only since 2004.

1. Public services in Europe originated in Europe. One of the main ideologists is Leon Duguit ( Saldarism theory ). Public services (services) - (in accordance with the French approach) is any mandatory activity carried out by a subject of public law (public entity) or under his leadership in the general interest. This concept influenced countries such as Portugal, Italy, Spain, and through them, the legal systems of the colonies. AT Latin America this concept exists.

2. Life support concept (Germany, Ernst Forstkoff). Individuals have needs, the satisfaction of which is of a vital nature (it is impossible without them) => public services are those services that ensure the vital activity of the population. But sometimes the state can transfer certain powers to the private sector.

3. The concept of public management and universal services (Anglo-Saxon system, Great Britain). There is no division into private and public law, there are no branches. The state, within the framework of this concept, borrows the mechanism of activity and management developed in the private sector, respectively, if the private sector is developed, then the state too. The concept of universal services - the state must ensure the provision of a certain set of public services according to established minimum standards (universal services).

All these different approaches within the framework of the formation of the EU and the common market have led to the development of a common denominator. General concept (averaged) general services .

In Russia, there is no legislative concept of public services. Narrower categories are developed separately: state and municipal services.

All services that went beyond the state and municipal, automatically fell into the sphere of private regulation.

Art. 6 BC: state (municipal) services - services provided in accordance with the state (municipal) task by state municipal bodies, institutions, other legal entities.

State municipal task - this is a document that establishes requirements for the composition, quality, volume, conditions, procedure and results of the provision of public services. Those. task is an assignment to state (municipal) bodies, institutions and other legal entities to carry out any activity corresponding to public services and for which funding is allocated.

Decree of the President "On the system and structure" of March 9, 2004: definition of public services in relation to the federal level:

State services- services provided by federal agencies, other bodies, organizations subordinate to them, other legal entities in the field of education, healthcare, culture, social protection, and in other areas, provided free of charge or at regulated prices.

Federal Law 2010 "On the organization of the provision of state. and mun. Services” No. 210 FZ:

State (municipal) services- this is an activity for the implementation of the functions of executive bodies of state power, state extra-budgetary funds, CHI, carried out at the request of applicants. This law, it turns out, regulates ONLY the services provided by the AUTHORITIES (administrative services), i.e. does not regulate social services, unlike the Decree.

Signs of state municipal services:

1. their provision is a function of the state or municipality

2. the provision of such services is mandatory

3. implemented at the request of applicants, i.e. aimed at meeting the needs of the population

"On the organization of the provision of state and municipal services"

Provision of state and municipal services in electronic form - provision of state and municipal services using information and telecommunication technologies, including using the portal of state and municipal services, multifunctional centers, a universal electronic card and other means.

1) Portal of state and municipal services- a state information system that ensures the provision of state and municipal services in electronic form, as well as access for applicants to information about state and municipal services intended for dissemination using the Internet.

2) Multifunctional center - Russian organization authorized to organize the provision of state and municipal services, including in electronic form, on the principle of "one stop shop".

3) Universal electronic card is a material carrier containing information about the card user recorded on it and providing access to information about the card user used to certify the rights of the card user to receive state and municipal services. The user of the universal electronic card may be a citizen of the Russian Federation, as well as in cases provided for by federal laws, a foreign citizen or a stateless person.

Applicants are provided with access to state and municipal services. The applicant submits a request and other documents necessary for the provision of state or municipal services. Reception of such requests and documents is carried out using a single portal of the state. and mun. Services. Then there is the interaction of the bodies providing state. and mun. services and the applicant receives the result of the provision of a state or municipal service. (The same thing happens with the multifunctional center).

The rules and procedure for information and technological interaction of information systems used to provide state and municipal services in electronic form are established by the Government of the Russian Federation.

The universal electronic card must contain the following visual (non-secure) information:

2) photograph of the applicant

3) the number of the universal electronic card and its validity period;

4) contact information of the authorized organization of the subject of the Russian Federation;

5) the insurance number of the individual personal account of the insured person in the system of compulsory pension insurance of the Russian Federation.

26 question.

There is a huge amount of media on the Internet, both registered and not. Anyone has access to such information. Also, anyone can create a website whose activities will be similar to the work of the media. All this gives rise to a large number of problems of legal regulation of media activities on the Internet.

Authors working in the registered Internet media system, they have the same rights as ordinary journalists, and must perform the same duties, and can be held liable for an offense in the field of media activities. The Internet sites registered as mass media belong to the media, and the norms of the law of the Russian Federation "On Mass Media" are applicable to them.

The placement of information on the Internet includes not only the placement of information on websites, but also through its placement through e-mail, or ICQ.

Other authors believe that the Internet site, as a general rule, is not a mass media and is not subject to registration as such, and the creation and introduction without registration as a mass media does not contain signs of an administrative offense.

The media and the journalists working in them are an institution civil society They have their own specific customs and rules.

The main obstacle to the implementation of regulation is the nature of the Internet, which makes it difficult to separate sites about the media. The second is not the improvement of laws that do not take into account the specifics of the Internet - the media.

27 question.

Over the past 15 years, there has been a rapid development of information legislation. At present, a complex of federal legislative and by-laws has been formed, as well as legal acts of the constituent entities of the Russian Federation, which formulate a complex for the development of information legislation.

As a way to solve this problem, it is advisable to divide the areas of legal regulation of information into two blocks. The first block should include issues that form the core of the information sphere, the legal regulation of which basically does not go beyond its scope. The second block should include issues that are the subject of regulation of other areas, but which are also of fundamental importance for the legal regulation of the sphere of information and informatization.

One of the documents aimed at developing an agreed public policy in the field of information legislation, is approved on September 9, 2000 by the President of the Russian Federation V.V. Putin Doctrine of information security of the Russian Federation. In its development, a document of a recommendatory nature was developed under the title "The main directions of regulatory legal support information security of the Russian Federation". This document determined the priority measures to improve the regulatory legal support of information security in five main areas.

A sufficiently large number of measures have been taken to improve information security in the field of constitutional rights and freedoms of man and citizen, implemented in the information sphere, such bills as fz: "On Personal Data"; "On the right to information"; "About trade secret".

There is a lack of a structural center that could set priorities among information problems, mobilize scientific and organizational capabilities to solve legislative issues. Dispersion of informational issues on a number of committees in the State Duma, a departmental approach to tasks in the field of rule-making in State Committee RF on telecommunications, fragmented decisions of the Ministry of Science and Technology of the Russian Federation do not provide the necessary coordination.

Usually heads a system of interrelated regulations covering a significant area of ​​public relations (industry, sub-industry or separate institute legislation);

Usually contains norms regulating the most important and fundamental issues of public life;

Includes proven current regulations and new rules driven by dynamics social life, the urgent needs of the development of society;

Contains more stable and stable norms, designed for a long period of their action;

It is an enlarged block of legislation, providing a clearer construction of a system of regulatory requirements, as well as ease of use

One of the prerequisites for codification is the developed state of the current information legislation. It seems that scientific and rule-making conditions have not yet matured for a full-fledged codified normative legal act.

Scientific conditions: creation of a science-based concept of the RF IC

Rule-making conditions: development of basic laws

28 question.

A secret is something that is protected by law, and therefore by the power of the state. But these are not material objects, but information or a more precise term used in law - information. Thus, a secret is information, the disclosure of which may cause harm, contribute to the onset of adverse consequences for a particular person, physical or legal, state, expressed in material or non-material losses, damage, the amount of which is subject to calculation.

Secrets are of three types:

1. Associated with an individual (personal, family, adoption secrecy, etc.)

2. Related by a legal entity (trade secret, bank secret, etc.)

3. Related to the activities of the state (state secret)

Disclosure of personal secrets harms a specific person, disclosure of state secrets harms all citizens of the state. The restriction of these rights is related to the activities of law enforcement agencies, which can only by decision of the competent authorities (for example, a court or prosecutor) withdraw data relating to a particular person, but cannot disclose this data if this is related to the protection of the interests of the individual.

The place in the information society must be said about laws (FZ on state secrets, FZ on COMMERCIAL), about laws, about responsibility for disclosures. + development inf. Society is associated with the dissemination of information, inflate about the fact that if everything is known, it will hinder, hinder development.

29 question.

Restricted information is information of value to its owner, access to which is restricted on a legal basis. In turn, restricted access information is divided into information constituting a state secret and information, the confidentiality of which is established by federal law (confidential information). Confidential information - personal data, secrecy of the investigation and legal proceedings, official secrets, professional secrets, commercial secrets, and information about the essence of the invention.

Responsibility for the disclosure of restricted information is regulated by the administrative and criminal codes.

Disclosure of information, access to which is restricted by federal law (except in cases where disclosure of such information entails criminal liability), by a person who has gained access to such information in connection with the performance of official or professional duties, shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; on officials - from four thousand to five thousand roubles.

30 question.

The definition of state secrets is formulated in Art. 2 of the Law of the Russian Federation of July 21, 1993 "On State Secrets" - information protected by the state in the field of its specific activities related to ensuring security, the dissemination of which may harm the security of the Russian Federation.

Information constituting a state secret (GT) includes information about the activities of:

military,(information of a military nature, specially protected by the state, on the content of strategic and operational plans, documents of the combat command for the preparation and conduct of operations.)

foreign policy, information in the field of foreign policy and economics: that is, on the foreign policy and foreign economic (trade, credit and currency) activities of the Russian Federation, the premature dissemination of which may harm its interests)

economic, ( that is, the content of plans for preparing the Russian Federation and its individual regions for possible military operations, the mobilization capacities of industry, the state reserves of precious metals and precious stones of the Russian Federation, its finances and budget policy (except for generalized indicators characterizing the general state of the economy and finances)

intelligence,

counterintelligence

operational search.

that is, about the forces, means, sources, methods, plans and results of intelligence, counterintelligence and operational-search activities, as well as data on the financing of this activity, if these data disclose the listed information;

Attribution of information to state secrets is carried out by the heads of state authorities in accordance with the List of officials empowered to classify information as state secrets, approved by the President of the Russian Federation. These persons bear personal responsibility for the decisions they make on the appropriateness of classifying specific information as a state secret.

31 questions.

Conditions for admission to state secrets. Federal law on "state secrets".

Access to state secrets e - registration procedure citizens' rights to access information, components of GT, and organizations - to carry out work using such information.

Access to GT- authorized by an authorized officer familiarization of a specific person with information constituting a state secret.

The admission of officials and citizens of the Russian Federation to state secrets is carried out on a voluntary basis.
The admission of persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants to state secrets is carried out in the manner established by the Government of the Russian Federation.

The procedure for obtaining admission to the GT- a complex legal structure, the elements of which are:

Assuming obligations to the state for non-dissemination of trusted information constituting a state secret;

Consent to partial, temporary restrictions of rights;

Written consent to conduct verification activities;

Determining the types, amounts and procedure for granting benefits provided for by the legislation of the Russian Federation on state secrets;

Acquaintance with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation;

Making a decision by the head of a state authority (UFSB) or organization on the admission of a person being issued to information constituting a state secret.

Special procedure for access to state secrets
Members of the Federation Council, deputies of the State Duma, judges for the period of exercising their powers, as well as lawyers participating as defenders in criminal proceedings in cases related to information constituting a state secret, are allowed to access information constituting a state secret without carrying out verification measures .
These persons are warned about non-disclosure of state secrets that became known to them in connection with the exercise of their powers, and about bringing them to responsibility in case of its disclosure, about which they are deprived of the appropriate receipt.
The safety of state secrets in such cases is guaranteed by establishing the responsibility of these persons by federal law.

32 question.

According to Art. 2 Law on state secrets access to state secrets- this is a procedure for registering the right of citizens to access information constituting a state secret, and enterprises, institutions and organizations - to carry out work using such information.

The admission of organizations to carry out work related to the use of information constituting a state secret, the creation of means of protecting information, as well as the implementation of measures and (or) the provision of services for the protection of state secrets, is carried out by obtaining licenses for carrying out work with information of an appropriate degree of secrecy.

The license is issued to enterprises if they fulfill the following conditions:

Fulfillment of requirements normative documents to ensure the protection of information constituting a state secret;

Availability of divisions for the protection of state secrets and specially trained employees for work on the protection of information, the number and level of qualification of which are sufficient to ensure the protection of state secrets;

Availability of certified information security tools.

Citizens who, due to the nature of their position, need access to state secrets, can be appointed to these positions only after obtaining an admission in the appropriate form in the prescribed manner. Access to information is understood as the acquaintance of a specific person with information constituting a state secret authorized by an authorized official.

In accordance with the degrees of secrecy of information constituting a state secret, the following forms of admission are established:

the first form - for citizens admitted to information of particular importance;

the second form is for citizens admitted to top secret information;

the third form is for citizens admitted to classified information.

At the same time, the presence of access to information of a higher degree of secrecy is the basis for access to information of a lower degree of secrecy.

The procedure for admitting officials and citizens to state secrets is determined by the Law on State Secrets, as well as the Instruction on the procedure for admitting officials and citizens of the Russian Federation2 to state secrets, approved by Decree of the Government of the Russian Federation of October 28, 1995 No. ).

So, the admission of officials and citizens to state secrets is carried out on a voluntary basis and provides for:

1. Assuming by a citizen or official of obligations to the state for non-dissemination of trusted information constituting a state secret.

2. Consent of a citizen or official to partial, temporary restrictions on rights. In accordance with Art. 24 of the Law on State Secrets, an official or citizen admitted or previously admitted to state secrets may be temporarily restricted in their rights. Restrictions may apply to:

The right to travel abroad for a period specified in the employment agreement (contract) when registering a citizen's access to state secrets3;

The right to disseminate information constituting a state secret and to use discoveries and inventions containing such information;

Privacy rights privacy when conducting verification activities during the period of registration of admission to state secrets.

33 question.

Official secret- confidential information generated in the course of management activities of a body or organization, the dissemination of which prevents the body or organization from exercising the powers granted to it, or otherwise adversely affects their implementation, as well as confidential information received by the body or organization in the prescribed manner.

Confidentiality - the state of protection from third parties (restricted distribution)

On documents (if necessary and on their projects) containing official information of limited distribution, the stamp (mark) "For official use" (DSP) is affixed

The need to stamp the chipboard on documents and publications containing official information is determined by the executor and the official signing or approving the document.

The following information cannot be classified as an official secret:

Acts of legislation establishing the legal status of citizens and state bodies;

Information about emergencies, environmental, demographic, sanitary and epidemiological and other information necessary to ensure safe existence settlements, citizens and the population as a whole, as well as production facilities;

Description of the structure of the executive authority, its functions and forms of activity, as well as its address;

The procedure for considering and resolving applications, as well as appeals from citizens and legal entities;

Information on the execution of the budget and the use of other state resources, on the state of the economy and the needs of the population;

Documents accumulated in the open funds of libraries and archives, information systems of organizations necessary for the realization of the rights, freedoms and duties of citizens.

Officials who have made a decision to classify official information as restricted distribution are personally responsible for the validity of the decision and for compliance with the restrictions provided for in paragraph 1.3 of these Regulations.

Official information of limited distribution without the authorization of the relevant official is not subject to disclosure (distribution).

Documents stamped chipboard:

Printed in typewriting bureau (MB)

On the back of the last page of each copy of the document, the typist must indicate the number of printed copies, the name of the artist, his own name and the date of printing of the document.

Printed and signed documents, along with drafts and versions, are transferred for registration to the employee who records them.

Drafts and versions are destroyed by this employee with the fact of destruction reflected in the accounting forms

Recorded separately from non-classified documentation and transferred to employees of departments against receipt

Forwarded to third parties by courier, registered or valuable mail

Reproduced (replicated) only with the written permission of the relevant manager

Stored in securely locked and sealed cabinets (boxes, vaults).

34 question.

Federal bodies of state power, within the limits of the powers granted to them by federal laws and other legal acts of the Russian Federation, have the right of access to information classified as official secrets by state bodies of the constituent entities of the Russian Federation.