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LEX RUSSICA (РУССКИЙ ЗАКОН)
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Старостин С.А. О некоторых проблемах реализации административной реформы в Российской Федерации и путях их решения

Аннотация: The article states that the administrative reform in the Russian Federation entered the final phase. The processes of formation of the federal executive authority structure and system are practically completed, the structures of the governmental bodies in the federal districts and constituent entities of the Russian Federation continue to improve, and interaction of executive authorities and citizens comes to a new level. However, it is too early to speak about achieving the purposes of the administrative reform established in the Concept of the Administrative Reform in the Russian Federation in 2006–2008. The most important issues of the administrative reform are: introduction of results based principles and procedures in the executive bodies; development and introduction of the state services standards provided by the executive authorities and administrative rules in the executive authorities. Further, the author analyzes functions of the federal ministries, federal services, and federal agencies. It is stated that the structure of the federal executive authorities is strictly divided into two parts: federal executive authorities which activity is controlled by the President of the Russian Federation, and bodies which activity is controlled by the Government of the Russian Federation. In connection with such division the author has a number of issues to discuss. First. How can we to correlate the functions of the federal ministries, services, and agencies if they are divided into three, substantially independent components? Second. With is the purpose and the basis for the federal executive authorities dividing into two parts – those controlled by the President of the Russian Federation and the Government of the Russian Federation? Another issue lies in the context of execution of the Concept of the Administrative Reform provisions – how realistic is one of the goals, i.e. increasing the efficiency of the executive authorities activity? In conclusion the author mentions that the issues of formation of strong executive authorities are so far forth complicated as the administrative activity as a whole is comprehensive. It can not, surely, be subject to a legal regulation; and this is not necessary. However, there are fundamental and prime problems, which the achievement of the administrative reform goals depends on. They are mostly connected to the vices of the theoretical and methodological approaches to its implementation. Everything the article refers to concerns, basically, the federal executive authorities system. If we speak about the level of federal districts and constituent entities of Russia, the legal groundwork for the executive authorities formation there still needs conceiving. There are also theory related problems. Thus, there are no uniform, scientifically based and legally finalized concepts of: the state function, the state service, etc. There is no federal law on standards and state services; the methodical fundamentals for carrying out the administrative reform are so bulky, complicated and difficult to implement that they cause established claims of heads of various structures at the local level. Practically, there is no legal basis for the reform in the municipalities.


Abstract: The article states that the administrative reform in the Russian Federation entered the final phase. The processes of formation of the federal executive authority structure and system are practically completed, the structures of the governmental bodies in the federal districts and constituent entities of the Russian Federation continue to improve, and interaction of executive authorities and citizens comes to a new level. However, it is too early to speak about achieving the purposes of the administrative reform established in the Concept of the Administrative Reform in the Russian Federation in 2006–2008. The most important issues of the administrative reform are: introduction of results based principles and procedures in the executive bodies; development and introduction of the state services standards provided by the executive authorities and administrative rules in the executive authorities. Further, the author analyzes functions of the federal ministries, federal services, and federal agencies. It is stated that the structure of the federal executive authorities is strictly divided into two parts: federal executive authorities which activity is controlled by the President of the Russian Federation, and bodies which activity is controlled by the Government of the Russian Federation. In connection with such division the author has a number of issues to discuss. First. How can we to correlate the functions of the federal ministries, services, and agencies if they are divided into three, substantially independent components? Second. With is the purpose and the basis for the federal executive authorities dividing into two parts – those controlled by the President of the Russian Federation and the Government of the Russian Federation? Another issue lies in the context of execution of the Concept of the Administrative Reform provisions – how realistic is one of the goals, i.e. increasing the efficiency of the executive authorities activity? In conclusion the author mentions that the issues of formation of strong executive authorities are so far forth complicated as the administrative activity as a whole is comprehensive. It can not, surely, be subject to a legal regulation; and this is not necessary. However, there are fundamental and prime problems, which the achievement of the administrative reform goals depends on. They are mostly connected to the vices of the theoretical and methodological approaches to its implementation. Everything the article refers to concerns, basically, the federal executive authorities system. If we speak about the level of federal districts and constituent entities of Russia, the legal groundwork for the executive authorities formation there still needs conceiving. There are also theory related problems. Thus, there are no uniform, scientifically based and legally finalized concepts of: the state function, the state service, etc. There is no federal law on standards and state services; the methodical fundamentals for carrying out the administrative reform are so bulky, complicated and difficult to implement that they cause established claims of heads of various structures at the local level. Practically, there is no legal basis for the reform in the municipalities.



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