Legal regulation of municipal services. Administrative and legal regulation of relations in the organization of the provision of public services

Recently, the quality of the provision of state and public services has been widely discussed. municipal services. This topic is complex and ambitious due to the fact that it affects almost all areas of interaction between the state, municipalities and the population. It is not by chance that in Federal Law No. 210-FZ dated July 27, 2010 “On the Organization of Provision of State and Municipal Services”, the term “service” was chosen with regard to the activities of power structures - this predetermines the vector of relationships between individuals, legal entities and entities implementing public functions. the latter are considered as service providers for the former.

Environmental information is provided within 14 days from the date of notification of the applicant of the decision of the competent authority to provide access to the requested information. Persons who provide environmental information to the competent authorities are required to indicate information for which any of the restrictions that must be provided in accordance with paragraph. When making a decision to refuse to provide information in accordance with paragraph 1, the competent authority takes into account the public interest in the disclosure of this information.

Restricting the right of access to information does not apply to emissions of harmful substances into the environment as a value in accordance with the indicators determined by regulatory enactments. Dissemination of environmental information. According to Art. 25a. Environmental Protection Agency, the competent authorities and persons under Art. 21 Build a website and, through it, maintain a database of environmental information that is free and publicly available. Database on par. 1 should contain at least the following information: texts of international treaties, conventions or agreements and environmental legislation; environmental strategies, plans and programs; reports on the progress or application of documents and documents specified in clauses 1 and 2, if such documents are prepared or stored in electronic form; national and regional environmental reports, as well as other reports on the state of the environment, submitted by law or by-laws; data or aggregated data from monitoring activities that have or may affect the environment; public registries in accordance with this Law or other special environmental protection laws.

The adoption of this law was preceded by a long and active discussion, during which questions were raised about the subject of legal regulation, the concept of state (municipal) service as a starting point for all subsequent legal terms in this area, the content of the standard for providing these services, their payment, ensuring access to services and others.

The information under item 2 is periodically updated. According to the provisions of Art. The Environment Protection Act, the Minister of Environment and Water annually submits to the Council of Ministers a report on the state of the environment, which after its adoption is published as a national report on the state and protection of the environment on the website of the Ministry of Environment and Water Resources and executive power   Environment Agency. The report on paragraph 1 is submitted to the Council of Ministers within three months after the submission of data and information to the National Statistical Institute.

The concept of state (municipal) services emerged in the process of administrative reform in the early 2000s, so its content was closely connected with the changes in legislation on the organization of state bodies, local governments, state and municipal services. It is considered as the necessary establishment of administrative legislation, streamlining and activating the activities of power structures, as well as deterring subjectivity and arbitrariness in their decisions regarding citizens and organizations.

Environmental information is actively disseminated to the public through organized information and education campaigns. Get and pay for the requested information. Payment for the provision of information that is intentionally processed, is in each case. A civil contract is being prepared for this. Information received from an employee of one window, unless the nature of the service requires otherwise. For access to the public information provided, a protocol is drawn up, signed by the appropriate one-window officer and the applicant.

There is no consensus among scientists regarding the definition of the concept of state (municipal) services. In addition, this concept is always considered in comparison and comparison with the concept of a public service. According to L.K.Tereshchenko, in contrast to public services, state (municipal) services are a narrower concept, suggesting that they are provided by the authorities. Other authors, disagreeing with this opinion, equalize these concepts. Thus, A.Ye. Shastitko, under a public service, offered to consider private goods provided by public authorities and management to citizens and organizations. A.V.Nesterov refers to state services (government services) as free services according to the law, rendered by the law-authorized service providers to voluntarily contacting interested persons in accordance with regulations and standards public services due to the use of state resources, and public services - socially significant services paid for service recipients, the price of which is regulated by the state, provided by commercial organizations in accordance with the regulations of public services. N.V. Putilo under public services means concrete actions, the daily activities of state bodies and employees in relation to individuals or legal entities, during which a citizen or a legal entity receives certain benefits. A number of scholars highlight such signs of public services as the provision of a universally significant activity; unlimited circle of persons using the services; the implementation of the service by a state, municipal, other entity; the implementation of services based on both public and private property.

Social services provided by specialized institutions. According to the provisions of Art. 36 Provisions on the implementation of the Social Assistance Act, the specialized institutions for the provision of social services are: orphanages; nursing homes with disabilities; social educational institutions; home for the elderly for temporary accommodation. Social services in specialized institutions are provided after the exhaustion of opportunities for public works.

The opening or closing of specialized agencies for the provision of social services is permitted by the Executive Director of the Social Assistance Agency upon the proposal of the Regional Social Assistance Directorate. The mayor of the municipality may entrust the management of specialized institutions and social services provided by the community to Bulgarian individuals registered under the Law on Trade and Legal Entities, as well as to foreign individuals or legal entities from the Member States of the European Union; from other countries - participants of the Agreement on the European Economic Area, registered as traders in accordance with their national legislation, entered in the register of the Social Assistance Agency.

From the point of view of ensuring the completeness of legislative regulation and its compliance with public needs, it seems to be a more correct opinion that according to state (and municipal) services we mean the implementation of state (municipal) functions to ensure the needs of the population not only by the authorities, but also by other entities.

Persons wishing to provide social services to children under the age of 18 must also be licensed to carry out this activity from the Child Protection Agency. The appointment of leadership is carried out after the competition. Placing in specialized institutions, when the activity is delegated by the state, is carried out by order of the Director of the Social Assistance Directorate, issued on the basis of a social assessment report on the needs of a person from social services. If such services are municipal activities, the order is issued by the mayor of the respective municipality or an official authorized by him.

Normative regulation of the concept of public services was carried out in the process of implementing administrative reform before the adoption of the relevant federal law. For example, in the Decree of the President Russian Federation   9 March 2004 No. 314 “On the System and Structure of Federal Executive Authorities”, the functions of rendering public services are understood to be provided by federal executive authorities directly or through federal state institutions or other organizations under their jurisdiction or at regulated prices of services to regulated citizens and organizations in the field of education, health care, social protection of the population and in other areas established by federal Akon. Resolution of the Government of the Russian Federation dated November 11, 2005 No. 679 established the Procedure for the development and approval of administrative regulations for the performance of public functions and administrative regulations for the provision of public services. Analysis of this document indicates that the provision of public services is understood as a sequence of actions (administrative procedures) of the executive body of state power.

Accommodation in specialized institutions for children under the age of 18 years is carried out in accordance with the Law on the Protection of Children. If the competent authority refuses to place the applicant in a specialized institution, he must be motivated and subject to appeal in accordance with the Administrative Procedure Code. Providers of social services in specialized institutions draw up an individual plan after assessing the needs of each user and formulating goals to be achieved.

The plan should include activities that satisfy: daily needs; health needs; educational needs; rehabilitation needs; leisure activities; needs of contact with family, friends, relatives and others. Measures for removal from the specialized agencies and social integration are mandatory. If necessary, to meet the health needs of users of social services, a written health plan must be prepared by a person with relevant medical education, including: a medical history; necessary preventive measures; the presence of allergies; dental needs; treatment needs or corrective programs; immunization and surveillance; nutrition and diet; rehabilitation; personal hygiene.

Subsequently, such an understanding of state (and by analogy and municipal) services as a whole was transferred to the Federal Law of July 27, 2010 No. 210-ФЗ “On the organization of state and municipal services”.

In itself, the adoption of this Federal Law was a significant event, a breakthrough in the issue of increasing the efficiency of the state (municipal) government system. It establishes the principles and general requirements for the provision of state and municipal services, their standards, the procedure for developing administrative regulations, provides for the organization multifunctional centers   the provision of these services on the principle of "one window", great attention is paid to the use of information and communication technologies, universal electronic cards in the provision of state and municipal services. In addition, it is traced its focus on minimizing corruption factors in this area.

The Regulation on the implementation of the Social Assistance Act clearly sets out the standards and criteria that must be fulfilled by the social service provided in specialized institutions. Regulation regulates standards and criteria: location and material values, nutrition criteria, medical care, educational services and information, leisure, and personal organization and support staff who must provide social services. specialized agencies and communities.

The established standards and criteria are minimal and aimed at ensuring the quality of social services regardless of who the service provider is and in which region it is provided. The Council of Ministers also adopted a separate Decree on the criteria and standards of social services for children. Social services provided in specialized institutions must comply with the following standards and criteria for location and facilities: accessibility, well-groomed life and the environment; a sufficient number of beds, social welfare facilities, food points, sanitary facilities and other persons with easy access to them; the availability of communications, appropriate signage for people with auditory, visual or other physical difficulties, as well as fixed call systems equipped with an easily accessible alarm alert button, where necessary; providing each guest in a dormitory equipped and suitably equipped in accordance with the identified needs of the person and his / her personal choice; provision of heating, lighting, water supply and ventilation of premises in accordance with sanitary norms and safety requirements; observance of sanitary and hygienic norms to control the spread of infections in accordance with applicable law.

However, by a number of authors, this law was initially characterized at the design stage of the project by artificially narrowed subject of legal regulation, since it did not consider the provision of goods to citizens as provided by law (hospitals, schools, housing and utilities, etc.) as state (municipal) services. “In fact, it regulates only administrative power services”, “its name does not correspond to the content - it is aimed at solving real problems only in a very narrow part”.

Social services provided in specialized institutions must meet the following standards and criteria for nutrition: ensuring adequate diet, taking into account the requirements of the Health Law and its executive rules; Ensuring quality, healthy and nutritious food, taking into account nutritional needs and personal choice of consumers and in accordance with the requirements of the Law on Health Care and current legislation; compliance of the premises in which food products are stored with the requirements established by specialized control authorities.

Thus, Article 1 of the Federal Law “On the Organization of Provision of State and Municipal Services”, denoting the scope of its operation, identifies 3 areas of service delivery, each of which has a different degree of legal regulation.

1. Provision of state and municipal services, respectively, by federal executive bodies, state extra-budgetary funds, executive bodies of state power of the constituent entities of the Russian Federation, as well as local administrations and other local authorities exercising executive and administrative powers.

Social services provided in specialized institutions must meet the following standards and criteria for health care: assistance in obtaining medical and dental care, as well as other medical services; Support for the delivery of prescription drugs; appoint an employee with relevant education who is responsible for meeting the criteria and standards of health care. Social services provided in specialized institutions should comply with the following standards and criteria for educational services and information: providing support for participation in the educational program in accordance with age and personal choice of users; providing access to information.

This type of service provision is assigned a major role by the Federal Law. In fact, the overwhelming part of the norms of the law regulates precisely this area. In Article 2 (Basic Concepts), after the definition of the concept of service provided by the above bodies, the abbreviations “(hereinafter referred to as state service)”, “(hereinafter referred to as municipal service)” are given, which indicates that the very concept of state (municipal) service in the subsequent text of the law is reduced to the direct activity of the authorities, "there are also elements of the substitution of concepts: the provision of public services to citizens is replaced by the issuance of certificates and permits."

Social services provided in specialized institutions should meet the following standards and criteria for organizing leisure and personal contacts: providing users of social services with the opportunity to independently organize their free time; allowing users of social services to have personal contacts with their family, friends and others; planning cultural, sporting and other activities and encouraging users of social services to participate in them; organization of cultural events and excursions.

2. Provision of services by organizations involved in the provision of state and municipal services.

On the one hand, the participation of organizations (including commercial) in the provision of state (municipal) services is a positive development, indicating an increase in cooperation between government and business. According to A. Belitskaya, “the transfer of functions for the provision of public services within the framework of public-private partnership will reduce budget expenditures, improve the efficiency and quality of service provision, control costs, focus the attention of executive authorities on core activities, ensure the availability of new technologies and innovative management practices, reduce the number of administrative and management personnel. ” However, this author is talking about public-private partnership in the field of public, that is, educational, housing and other services, and the Federal Law, as already noted above, refers to state (municipal) services as services rendered directly by the authorities organs.

Social services provided in specialized institutions and in the community must meet the following standards and criteria for service personnel: the number of staff, experience and qualifications for the type of service provided; periodic evaluation of staff performance; providing opportunities for staff development, taking into account the peculiarities of working with various groups of users of social services. Monitoring compliance with criteria and standards for implementation. social services are provided by the Inspection of the Agency for Social Assistance.

Thus, the question arises, how justified and legitimate is the participation of commercial organizations in the activities of state and municipal bodies in the implementation of power functions?

3. Provision of services by state and municipal institutions and other organizations that host a state task (order) or a municipal task (order), if these services are included in the list established by the Government of the Russian Federation, or an additional list approved by the highest executive body of the entity Russian Federation.

In our opinion, the type of services in question is the missing component of legal regulation, which should cover the entire scope of the implementation of state and municipal functions to meet the needs of the population (including health care, education, utilities and others). However, federal lawmakers have significantly limited the regulation of this type of service. According to Federal Law No. 210-FZ, it is necessary to confirm the indisputable state (municipal) nature of these services in the form of inclusion in the lists of state (municipal) services. The criteria for inclusion of these services in the relevant lists are not viewed either.

There is also a certain gap in the legal regulation of the organization of the provision of municipal services. Under the Federal Law No. 210-FZ, it should be carried out within the authority to resolve issues of local importance. However, in accordance with the Federal Law “On general principles   organizations of local self-government in the Russian Federation; municipalities have the right to resolve other issues as well (creation of museums, participation in guardianship and trusteeship activities, and others). These services also do not fall within the scope of regulation of the Federal Law “On the Organization of Provision of State and Municipal Services”, which significantly reduces the guarantees of the rights of citizens to provide them, including using information and communication technologies.

Thus, the analysis of the scope of the Federal Law "On the organization of the provision of state and municipal services" revealed the main problem - insufficient legal regulation of the principles general requirementsregulations and standards for the provision of services other than executive bodies   authorities and bodies of state extra-budgetary funds, subjects of the implementation of state and municipal functions.

In addition, the actual substitution of the concept of state (municipal) service by the concept of service of a state (municipal) body led to terminological inconsistencies in regulatory legal acts. First, the term “service” implies a wider and more diverse range of actions than the administrative, strictly regulated activities of state (municipal) bodies and their employees. Secondly, the Budget Code of the Russian Federation, which is the main legal instrument for financing the provision of state (municipal) services, contains a broader concept of state (municipal) services (work) - as services (work) provided (performed) by public authorities (local authorities) self-government), state (municipal) institutions and in cases established by the legislation of the Russian Federation, other legal entities. Most likely, such an inconsistency of basic legal concepts in the future will affect the quality of the implementation of the Federal Law “On the organization of state and municipal services”.

Another criticized moment of the Federal Law “On the Organization of State and Municipal Services” is the provision of a service only at the request of the applicant. The Law does not regulate the provision of state (municipal) services, which by their nature do not imply any requests. In our opinion, the recognition of the Russian Federation as a social state, in which human rights and freedoms are directly applicable (articles 7, 18 of the Russian Constitution), does not allow such an interpretation of the provision of state (municipal) services.

Clause 2 of Article 4 of the Federal Law provides for a declarative procedure for applying for the provision of state or municipal services. What this principle means in practice is well known to anyone - until a citizen applies for the appointment of a child allowance, pension, tax deduction or other payment, even if full information is available in the relevant authorities, the citizen cannot issue the due payment automatically. At the same time, in cases when the recipient of this or that information, monetary amount, etc. is the state, appeals (statements) of a citizen (organization) are not extinguished as a rule (for example, when taking into account newly created taxable objects, the declarative procedure is not provided ).

Thus, the Federal Law, which was designed to establish a mechanism that would facilitate the receipt of state (municipal) services as much as possible, establishes a principle contrary to the goal of its adoption. Meanwhile, the concept of administrative reform in the provision of state (municipal) services is to ensure such interaction between a citizen (organization) and the state (municipality), when the need to collect certificates and other supporting documents disappears, to spend time in queues, etc. With modern development information technologies, possession of the necessary data on individuals and legal entities to the corresponding public structures is much easier to provide this or that service to a person who has the right to receive it, regardless of the fact of appeal. The request of the applicant can not be a prerequisite under which he can get the service. The request is necessary only when it is impossible to provide a service, without taking into account the will of the recipient of the service, and such features and exceptions may well be reflected in specific administrative regulations.

For clarity, we propose the following scheme:
1) a citizen has turned n-th number of years in which, by law, he acquires the right to pay the fare in the amount of 200 rubles per month;
2) the information on the date of birth is available in the registry offices, and on the place of residence - in the passport and registration authority. This information is received in advance by the social security agency at the place of residence of the citizen, who is obliged to independently (outside the application form) charge these amounts to the recipient;
3) on the specified birthday, and subsequently monthly, a message is received on the universal electronic card of the citizen that he is the recipient of the relevant service, as well as the designated amount of money. And only in the case of a citizen’s refusal to provide the service or receipt of information about his death from the civil registry offices, the charge for this payment should cease;
4) the result obtained - the provision of public services, in which: a) there are no queues; b) the working time of the employees on the reception of a citizen and an explanation of the forms of documents, etc .; c) situations of “trawl” are excluded, when a large number of citizens simultaneously apply for the service; d) forces and personal time of a citizen are saved; e) financial and property resources of both parties are saved; f) psychological conflicts that are possible with the direct interaction of a citizen and employee are excluded.

The declarative nature of state (municipal) services is also related to the problem of the lack of the right of public authorities to receive these services from other bodies, since only natural and legal persons are recognized as an applicant in accordance with the Federal Law “On the Organization of State and Municipal Services”. In this regard, AV Sokolova reasonably asks the question, does the function assigned to an authority fall within the scope of Law No. 210 – FZ, if its result can be claimed not only by an individual or a non-governmental organization, but also by a government? Indeed, in practice, the authorities themselves are often the recipient of certain state (municipal) services. As an example, let's take the provision of Article 8 of the Federal Law of July 21, 1997 No. 122-ФЗ “On state registration of rights to real estate and transactions with it”, according to which the body that carries out state registration of rights, provides free information on registered rights to real estate and transactions with him at the request of law enforcement agencies, courts, court bailiffs in criminal and civil cases under investigation, federal executive bodies, their territory nyh authorities, state authorities of the Russian Federation, bodies of local self-government.

Article 3 of the Federal Law “On the Organization of Provision of State and Municipal Services” establishes the general law of the subjects of rule-making on the adoption in accordance with this Federal Law, other federal laws of normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation, municipal legal acts, regulating relations arising in connection with the provision of state and municipal services.

What are the limits of federal, regional and municipal rulemaking in this area?

Federal regulations governing the organization of the provision of public services by federal authorities may be adopted strictly within the framework indicated by the aforementioned Federal Law. And federal regulations, regulatory legal acts of the constituent entities of the Russian Federation that regulate the organization of state and municipal services by regional and municipal authorities may supplement federal regulation, but should not contradict federal laws.

In accordance with Part 4 of Article 7 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation”, municipal legal acts must not contradict the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory acts. legal acts   The Russian Federation, as well as constitutions (charters), laws, other regulatory legal acts of the constituent entities of the Russian Federation.

The summary, not specified in relation to the level of regulation, the statement in article 3 of the Federal Law of authority to adopt regulations on the organization of the provision of state and municipal services causes a number of practical issues. In particular, which of the normative acts should be applied: the sub-legal federal act on the provision of services by state bodies of the constituent entities of the Russian Federation, the adoption of which is not provided for by federal law, or the law of the subject of the Russian Federation, which establishes additional requirements for the provision of services by the state bodies of this subject of the federation?

Marking the main problems of legal regulation of the organization of state and municipal services, we can draw the following conclusions:
1. The federal law “On the organization of the provision of state and municipal services” effectively regulates the procedure for organizing the activities of state and municipal authorities in the provision of these services to citizens and organizations. "At the same time, the functions of the state cannot be limited to issuing certificates, since this will mean the state’s self-exclusion from the social sphere, fraught with large-scale public upheavals."
2. The powers of the bodies of local self-government that go beyond issues of local significance are not included in the sphere of regulation of the Federal Law in question.
3. The declarative nature of receiving state (municipal) services, proclaimed as a principle, removed from the sphere of legal regulation the area of ​​relations in which the applicant's request is not necessary or impossible in principle.
4. The procedure for the provision of state (municipal) services to the authorities themselves was not reflected in Federal Law No. 210-FZ, although a number of regulatory legal acts (primarily at the federal level) allow cases where the requesting party (applicant) is the authorities.
5. The unspecific nature of article 3, which establishes the normative legal regulation of relations arising in connection with the provision of state and municipal services, the lack of differentiation of normative regulation depending on the level of public authority responsible for the implementation of its functions, leads to ambiguous interpretation of this provision.

Thus, the federal legislator removed only part of the accumulated issues in the provision of state and municipal services in the broad sense of the concept. The adoption of the Federal Law “On the Organization of Provision of State and Municipal Services” marks the beginning of a long way of reforming the system of relations between state (municipal) structures and the population.

It is obvious that the further practical implementation of Federal Law No. 210-FZ will pose to the legislator a number of problems, some of which are already being raised in the scientific community and are indicated in this legislative study. And some of them are legally resolved at the present stage of its execution:
- specification of the system of regulatory legal acts according to the level of public authorities;
- recognition as a municipal service of the implementation of the powers of local governments that are not in the range of issues of local importance;
- rejection of the declarative principle of the service;
- the addition of the concept of the applicant public authorities.

A fundamental change in the scope of the Federal Law “On the Organization of State and Municipal Services” is impossible today due to the large financial expenses required, the lack of approbation of the concept of the current wording of the law, as well as the chronic problems of ineffective separation of powers between federal, regional and municipal authorities .

In general, despite the unresolved issues of legal regulation of the provision of state and municipal services, it should be noted the indisputable merit of this Federal Law, which approved the term “service” as denoting the meaning of the activities of government bodies. We believe that the installation “power for the people” will later find a full-fledged embodiment in the content of this law.

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Introduction

2.2 the Legal nature of e-government services in the development of e-government

2.3 Prospects for improving the provision of public services to the population on the basis of multifunctional centers

Conclusion

References

application

Introduction

The relevance of the research topic is dictated by a number of factors.

First of all, the relevance of the research topic is determined by the fact that public services are present in all areas of the state and society and are provided during the entire period of the existence of society and man. From the moment of birth and throughout life, a person contacts with the state through the institution of public services (birth registration, marriage, etc.).

The degree of satisfaction of the population with the quality of services provided by the state is one of the most important indicators of the social and economic level of development of Russia. Despite the positive trends in the provision of public services, more than half of the country's population believes that the quality of public services has not changed in recent years. Public Opinion Foundation // URL: http: www.fom.ru/politika/10439 (appeal date: 15.01. 2016). . The President of the Russian Federation in one of the messages to the Federal Assembly of the Russian Federation pointed to the protracted changes in this area, noted that citizens are consumers of services, do not feel fundamental changes. Message from the President of the Russian Federation to the Federal Assembly of 12/04/2014 // Ros. gas. 2014. 05 Dec .

Thus, public services are the main and most widespread form of interaction of the population with public authorities, as a result of which citizens form a subjective idea of ​​the effectiveness of the activity of the entire government apparatus as a whole. In this regard, the presence of such administrative barriers for applicants is unacceptable, such as, for example, the need to provide a large number of documents; long walking on various instances; Submission of excessive requirements for the application form; formal approach to the treatment of citizens.

Therefore, further theoretical development in this direction is necessary to eliminate all contradictions in the legislation, since they often act as an insurmountable obstacle between citizens and their guaranteed rights. Consequently, the issues of improving the mechanisms for improving the efficiency and quality of public services are particularly relevant at the present stage and determine the topic and practical significance of the study.

The object of the research is the system of public services provided by the executive authorities.

The subject of research is the legal norms governing relations in the provision of public services; theoretical positions, as well as law enforcement practice on the issues studied.

The purpose of the study is to analyze the administrative and legal regulation of the organization of public services, identify problems and develop recommendations aimed at improving the mechanism for improving the efficiency and quality of public services.

Achieving this goal involves the following tasks:

1. To analyze the concept and principles of the provision of public services.

2. To study the process of quality management of public services provided.

3. To consider the features of the legal regulation of the activities of state executive bodies and their subordinate institutions for the provision of public services.

4. Investigate the legal nature of e-government services in the context of e-government development.

5. To determine the prospects for improving the provision of public services to the population on the basis of multifunctional centers.

The administrative reform has generated a keen scientific interest in the activities of government bodies in the provision of public services. When writing the present work, the works, monographs of articles by such authors as L.V. Beschastnova, E.A. Velichkina, E.G. Inshakova, A.R. Isakov, I.U. Kuldybaeva, E.V. Morozov and others, the subject of their research were certain aspects of legal relations on the provision of public services. Despite this, many aspects of the organization of the provision of public services are still insufficiently studied, both theoretically and methodologically.

The regulatory basis for the study was the Constitution of the Russian Federation, Federal Laws, Decrees of the President of the Russian Federation, Decrees and Orders of the Government of the Russian Federation, orders, regulations and regulations of the federal executive bodies, as well as state executive bodies of the constituent entities of the Russian Federation aimed at ensuring the rights and freedoms of citizens and organizations in the provision of public services.

Research methods: the general scientific method of cognition in combination with individual private-scientific methods; laws of formal logic; system analysis of general theoretical works and works, statistics and practice of application of legal norms, court decisions, studied in this paper.

The practical significance of the study determines the possibility of using the results of the study in the work of public authorities and management in the justification and adoption of specific management decisions related to the operation and development of public services.

The structure of the work. The work consists of: introduction, two chapters, including five paragraphs, conclusion, list of references, applications.

Chapter I. Administrative and legal regulation of relations in the organization of the provision of public services

1.1 Concepts, principles for the provision of public services

administrative legal public service

Currently, in the Russian Federation, the process of reforming the authorities is underway, and issues related to the provision of public services are of particular relevance and social importance. One of the priorities of administrative reform today is to improve the quality of public services. The reforms being carried out in the executive power system are aimed at ensuring that every citizen in the Russian Federation can demand from the state power the level of quality of public services that the executive authorities are obliged to provide him.

If by “service” we understand everything that brings any effect, then “service” can be defined as “labor-oriented activity, the results of which are expressed in the beneficial effect that satisfies any human needs”.

If we proceed from legal sources, the concept of “service” is interpreted unequivocally in them. So, in art. Art. 8, 74 of the Constitution of the Russian Federation, the concept of "service" is defined as a "type of material activity"; in art. 128, 129 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) as an “object of civil rights”; in art. Art. 6, 65 of the Budget Code of the Russian Federation (hereinafter - the BC of the Russian Federation) as the minimum state standards. Reform concept public service   Russia for the first time, introduces the term "public services". In the federal program "Reforming the State Service of the Russian Federation (2003-2005)" the term "public services" is used again. In addition, in this program, the need to achieve a quality level of public services was noted.

In fulfillment of the above program of reforming the state service, it became necessary to develop a systematic approach to the reorganization not only of the Government of the Russian Federation, but also of the executive authorities. On July 23, 2003, the President of the Russian Federation adopted a Decree approving the measures for the implementation of the administrative reform for 2003-2004. It defined the functions of state authorities, which were classified: for law-making (the adoption of regulatory state acts determining state policy and the procedure); law enforcement (determining the implementation of state control and supervision, issuance of permits, registration actions), as well as the functions of providing services and property management.

By the Decree of the President of the Russian Federation “On the System and Structure of Federal Executive Authorities” a three-tier system of executive bodies was established, the concept of “public service” was introduced. In the first edition of the Decree, the functions of rendering public services were understood as the implementation by federal executive bodies of services that have a purely public significance and are provided under conditions established by federal legislation to an indefinite circle of persons.

However, after a short time, this clause was amended. Public service has become understood to be the provision of federal executive bodies directly or through their federal state institutions or other organizations free of charge or at regulated prices to citizens by organizations in the fields of education, health care, social protection of the population and other areas established by federal laws.

Thus, in accordance with the decree, public services are understood to be services provided directly by the authorities, i.e. public services, regulated by the much later adopted Federal Law of July 27, 2010 No. 210-ФЗ “On the Organization of the Provision of State and Municipal Services”, and the services provided by state institutions.

Today, there is no clearly formulated concept of “public service” among specialists. A number of researchers believe that these are public services, “public services should be considered as a function of the modern social state” E. Morozova Public services: theoretical and legal aspect: author. Diss .. Cand. legal sciences. Mytishchi, 2009. p. 10., and the social service, being its variety, “follows from the state functions and follows them” Subbotin GV Social services: theoretical and legal aspects: author. Diss .. Cand. legal sciences. M., 2011. S. 13.. Under the state function, in various sources, it is understood “the activity regularly carried out by the executive authority to exercise powers not related to the direct appeal of a natural or legal person to the appropriate executive authority” Atamanchuk G.V. Theory government controlled. Textbook. M .: Omega-L, 2010. p. 45; Melekhin A.V. Theory of State and Law. M .: Market DS, 2007. p. 168; Talapina E.V., Tikhomirov Yu.A. Public functions in the economy // Law and Economics. 2012. № 6. S. 5.. Thus, “the entry of the term“ state services ”into our life is associated with a change in the role and tasks of the state in society, with the adoption of new values ​​and priorities.” Tereshchenko L.K. Services: state, public, social // Journal of Russian law. 2014. № 10. P. 15..

In connection with the novelty of the concept, there is still no officially accepted classification of public services, but there are only various author's opinions. According to the classification proposed by Professor Yu.A. Tikhomirov, public services are divided into public and administrative. “State services aimed at external (in relation to the state) customers are called state public services. State public services may be coercive in nature, imposing a duty on individuals or legal entities to interact with a government agency on a specific occasion in order to avoid sanctions or other negative consequences. ”Khabrieva T.Ya. Administrative reform: solutions and problems / T.Ya. Khabrieva, A.F. Nozdrachev, Yu.A. Tikhomirov // Journal of Russian Law. 2006. № 2. S. 5..

V.L. Tambovtsev distinguishes the distinctive features of the state administrative services from the public:

- individuality of the provision;

- appeal (in connection with the implementation of the rights and obligations) of users of public services to a state body;

- provision of the service directly in a state body, when the implementation of this service due to objective socio-economic reasons cannot be transferred to commercial or non-commercial organizations. V.L. Tambovtsev Standards of public services // Social Sciences and the present. 2014. № 4. С.5. .

A.V. Nesterov offers the following classification of public services:

1. According to the presence of the intermediate result: the public service is simple (implies a single appeal to the executive body of the government with the final result).

2. According to the content of the result: information and consultation; communication; financial; providing legal documents.

3. Under the terms of the provision: software; regulatory and legal.

4. For consumers: for citizens; for entrepreneurs (legal entities and individuals) Nesterov A.V. The concept of state, public (social) and public services // State power and local self-government. 2013. No. 11. P. 22..

At the same time, it is necessary to distinguish elementary state services and composite (interdepartmental) state services.

Elementary state services - “services requested by citizens, business or other departments that are implemented and provided in the framework of interaction with one department” Shastitko A.E. Organizational framework for the provision of public services // Issues of Economics. 2014. No. 7. P. 150.. Examples of such services are, for example, the issuance of a birth certificate or passport. Interdepartmental public services - services that are provided by various departments.

A.V. Nesterov notes that “there may be services that are necessary, but there are no service providers. On the other hand, there are services that are offered, but the beneficiaries do not need them. Such services are called imposed. Imposed paid services, if they are rendered using the resources of the executive authorities, should be eliminated. ”Nesterov A.V. The concept of state, public (social) and public services // State power and local self-government. 2013. No. 11. P. 23..

Based on the concept of “accessibility” (physical, informational, financial accessibility), accessible services (acceptable for all citizens) and inaccessible services (acceptable for certain categories of persons) are distinguished. “Public services should have the universality of the requirements for all service recipients (non-discrimination), and technologically the process of providing universal services should not create technological barriers (the performance of services should ensure no queues)” Shastitko A.Ye. Organizational framework for the provision of public services // Issues of Economics. 2014. No. 7. P. 151.. The exception may be only a certain circle of persons, noted in the legislation.

Depending on the reason for applying for a public service, they can be divided into forced and voluntary services. "In the case of involuntary treatment, the service should be provided only free of charge, with the exception of services that implement legally significant actions when charged national tax»Tambovtsev V.L. Standards of public services // Social Sciences and the present. 2014. № 4. С.6. . Systematized data on public services, S.I. Nedelko, I.A. Murzina, S.N. Yegorov offer their classification of public services (Appendix 1).

So, the term “public service” is relatively new and does not yet have a clearly defined definition. Today, there is a formation of the procedure for the provision of public services. To ensure the effective functioning of this institution, it is necessary to investigate the situation in the market of public services and move in the directions:

- Improving the technology of public services;

- development of legislation on public services;

- the formation of mechanisms for managing the quality of services;

- development of a model of interaction between service providers and service recipients.

1.2 Quality management of public services provided

The main activities of the executive authorities are improving the quality and accessibility of public services, standardization and regulation of public services aimed at improving existing regulations. Transparent and clear administrative procedures are the basis for coordinated work of state structures.

According to I.A. Rudenko, “by the beginning of the 2000s, there was a situation in which, in one department, the requirements for the provision of services were laid out on just one page. This could not be the key to quality and successful provision of public services. In another department, the requirements for performing a similar service could be recorded in a multi-line document. Not every employee could master it, let alone citizens. ”Rudenko IA The concept and essence of public services // Bulletin of Saratov state University. 2014. № 3. S. 11.. In forming the regulatory framework governing the development and application of service standards and administrative regulations, the state was repelled by the requirements of the quality management system. These requirements are set out in the standards of the ISO 9000 series, in terms of the requirements for the description of processes. The interstate standard GOST ISO 9000-2011 “Quality management systems. The main provisions and vocabulary. Order of the Federal Agency for Technical Regulation and Metrology of December 22, 2011 No. 1574 - art. The date of introduction is January 1, 2013.

In order to improve the quality of public services in Russia, a process has been initiated for the implementation of administrative regulations in the activities of government bodies. These regulations should comply with the following principles:

- optimal administrative procedures, lack of redundant and duplicate actions that are required from the recipient of public services;

- the minimum time of service;

- the comfort of the process of receiving services, including for citizens with disabilities;

- the implementation of the "one window principle".

As results on the implementation of administrative regulations, we note the following:

- reduction of the terms for the provision of public services and the administrative procedures themselves;

- adoption of administrative regulations. This contributed to a decrease in the total time spent on obtaining public services from about 10% to 70%.

For example, within the framework of the introduction of the pilot administrative regulation of Rosnedvizhimost, the time for rendering the service decreased 3 times (from 30 minutes to 10 minutes). The waiting time in the queue at the places of rendering state services to Rosregistratsia also decreased by about 3 times (from 2-3 hours to 45 minutes).

Excessive administrative procedures https://rosreestr.ru/site/ (appeal date: 01/15/2016) are excluded. .

When developing the administrative regulations of Roszdravnadzor for the registration of medicines and medical products, for organizing an examination of the quality, efficacy and safety of medicines, the time limits for registration certificate validity and the requirements for registration of legal entities in the territory of the Russian Federation for foreign manufacturers of medicines are excluded; increased comfort in providing services in connection with the implementation of requirements for places of service http://www.roszdravnadzor.ru/ (appeal date: 01/15/2016). .

The study of practical activities allows to identify features of the regulation of public services proper (status regulation). This direction includes the specification of public services in relation to other actions produced by the authority, and first of all in relation to public functions.

This factor is reflected in the following regulatory acts: Federal Law "On the organization of the provision of state and municipal services"; Presidential Decree "On the system and structure of federal executive bodies"; Resolution of the Government of the Russian Federation “On the procedure for the development and approval of administrative regulations for the performance of state functions”; Concepts of administrative reform, Concepts of reducing administrative barriers and increasing the availability of state and municipal services.

The quality of public services is given special attention in the following regulatory acts: the Federal Law “On the Organization of the Provision of State and Municipal Services”; Resolution of the Government of the Russian Federation "On the procedure for the development and approval of administrative regulations for the performance of state functions." In addition, the quality of public services is put at the forefront in the administrative regulations for the provision of public services. For example, in the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of state services for issuing certificates of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or on the termination of criminal prosecution ”, the Administrative regulation of the provision of state services on state registration of civil status state registration of civil status acts in the territory of the Russian Federation, etc.

In the Federal Law "On the organization of the provision of state and municipal services" is not given the concept of "standard of public services." However, the law establishes minimum requirements for the standard of public services. The purpose of standardization of public services is to reduce the costs incurred by citizens and organizations when interacting with government authorities and officials.

The standard of public service provides a number of established provisions. These include the name of the service; name of the authority providing the service; the result of its provision and others (in total, Article 14 of the Federal Law "On the organization of the provision of state and municipal services" presents 14 points).

Analysis of the scientific literature, the study of practice have shown that it is important to distinguish between the legal regulation of public services, depending on directions, from regulatory provisions directly on the execution of public services. They contain the normative fixation of the need for the public administration authority to produce a certain service. Examples: Regulations on the Federal Migration Service; Model regulations on the executive authority of the subject of the Russian Federation in the field of state regulation of tariffs, etc.

As noted by L.A. Dushakova, before the adoption of the Federal Law "On the organization of the provision of state and municipal services" there was the possibility of developing several scenarios of legislative regulation of public services. “The first scenario was to fix the requirements for the standard of public services in the law and to transfer the regulation of the relevant administrative processes to the level of executive bodies. The second scenario consisted in the parallel development of two federal laws - “On administrative regulations” and “On standards of state services”, while maintaining the separation of the subject of regulation between them by type of document, by relevance to the state service. The third is to fix in the Federal Law “On Administrative Regulations” a model combining the regulations and the standard of state services in one document ”.

Today, with regard to the procedure for the provision of public services, the relevance of the Government of the Russian Federation is 11.11.2005 No. 679. The document sets out requirements for administrative regulations for the provision of public services, for other legally significant points.

The next level of legal regulation of the quality of public services is the regulatory legal acts of the federal executive bodies, administrative regulations for the provision of public services, which describe the design of administrative procedures in connection with the petitioners' request for the provision of services.

The administrative regulations for the provision of public services in their structure should reflect a number of positions, including:

- to establish the dates and sequence of administrative procedures and administrative actions and / or decision-making of the federal executive body;

- establish the procedure for interaction between its structural divisions and officials, the interaction of the federal executive body with individuals or legal entities (applicants), other bodies of state power and local self-government institutions and organizations in the provision of public services;

- demonstrate the relationship between administrative procedures and administrative actions and / or decisions taken by the federal executive body and the emergence, change or termination of legal relations or the emergence of documented information.

So, the provision of public services is a relatively new legal institution. Its occurrence is associated with the adoption of the Federal Law "On the organization of the provision of state and municipal services." The procedure for the provision of public services is determined by the relevant regulatory legal acts, in particular, by administrative regulations, which must be adopted for each public service.

Chapter II Administrative and legal regulation of the organization of the process of providing public services

2.1 Administrative and legal regulation of the activities of state executive bodies and their subordinate institutions for the provision of public services

In accordance with the Decree of the President of the Russian Federation "On the system and structure of federal executive bodies" Decree of the President of the Russian Federation of 09.03.2004 No. 314 (edition of 06.22.2010) "On the system and structure of federal executive bodies" // Meeting of the legislation of the Russian Federation. 2004. № 11. Art. 945. The function of providing public services is assigned directly to federal agencies. However, on a par with these subjects, it is carried out by federal ministries and federal services.

The concepts of “ministry”, “agency” and “service” are multivalued and are used in different semantic meanings. The term "ministry" comes from the Latin word "ministro", which means "to serve, to govern." "Ministries like central organs   Department of Special Competence, in charge of a separate branch of the state administration, were established by the Alexander I Manifesto “On the Establishment of Ministries” of September 8, 1802. ”Zhukova Ye.N. Features of the administrative and legal status of federal agencies // Journal of Russian law. 2012. № 2. S. 62..

The term "agency" comes from the French word "agence". Most often, he characterizes the subordinate structures that perform individual tasks and perform representative functions. However, the term "agency" is often used for naming public institutions   (for example, the Federal Agency for Water Resources, the Federal Agency for Forestry, etc.).

The term “service” describes “at the same time a type of public activity (state civil service, military service, law enforcement service, municipal service), type of federal executive bodies of special competence "Vojt M.N., Vorobyeva V.V. On the question of the division of functions between the federal service and the federal agency // Law and Practice. 2013. № 2. S. 10..

In 2014, the Concept of Openness of Federal Executive Authorities was approved by the Order of the Government of the Russian Federation No. 93-p, dated January 30, 2014, “On the Concept of Openness of Federal Executive Authorities” // Collection of Legislation of the Russian Federation. 2014. № 5. Art. 547.. The concept enshrines the basic principles of openness, objectives and mechanisms for their implementation. The document is aimed at improving the efficiency and effectiveness of priority measures to improve the public administration system. These events are defined by the Decree of the President of the Russian Federation "On the main directions of improvement of the public administration system" Decree of the President of the Russian Federation of 07/05/2012 No. 601 "On the main directions of the improvement of the public administration system" // Meeting of the RF legislation. 2012. № 19. Art. 2338. and the Main Activities of the Government of the Russian Federation for the period until 2018 The main activities of the Government of the Russian Federation for the period until 2018 (approved by the Government of the Russian Federation on 05/14/2015) // Consultant Plus. Legislation. . Federal ministries, federal services and federal agencies, whose activities are carried out by the President of the Russian Federation, federal services and federal agencies subordinate to federal ministries, implement the mechanisms of openness provided for by the Concept, unless otherwise established by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.

The Federal Agency is a federal executive body that provides public property management services and various public accounting functions (maintaining registers, registers and cadastres). Federal agencies provide public services in the areas of: science; tourism; youth policy; health care; communications, printing and mass communications; state property; construction; transport; space activities; metrology; water resources; fisheries; forestry; subsoil use; archive business.

Thus, the Federal Executive Authority providing public services in the field of transport security in the field of air transport is the Air Transport Agency (Rosaviatsia) Government Decree of July 30, 2004 No. 396 (as amended on November 28, 2015) “On the approval of the Federal Air Transport Agency ”// Meeting of the legislation of the Russian Federation. 2004. № 32. Art. 3343. To achieve the goals, Rosaviation has developed a number of basic documents. For example, the procedure for issuing permits for construction and commissioning of airport facilities and other aviation infrastructure facilities under capital construction has been regulated. Order of the Ministry of Transport of the Russian Federation No. 195 of July 22, 2014 “On Approval of the Administrative Regulations of the Federal Air Transport Agency permits for construction and commissioning of airport facilities and other aviation infrastructure facilities (including facilities of a unified system air traffic), being the objects of capital construction ”// Bulletin of normative acts of federal executive bodies. 2015. № 1..

The federal executive body that provides public services in the field of transport security in this area and on the metro is the Federal Agency railway transport (Roszheldor) Government Decree of July 30, 2004 No. 397 (as amended on 09/23/2015) “On the approval of the Regulations on the Federal Agency for Railway Transport” // Meeting of the legislation of the Russian Federation. 2004. № 32. Art. 3344. To achieve these goals a number of basic documents have been developed. For example, approved: Administrative regulations for the provision of public services for the establishment of dates for the commissioning of passenger trains on railway transport Order of the Ministry of Transport of the Russian Federation of June 29, 2012 No. 189 "On approval of the Administrative Regulations for the Federal Agency of Railway Transport for the provision of public services for setting deadlines schedule of passenger trains on the railway transport "// Ros. gas. 2012. 28 dec. ; Administrative regulations for the provision of state accreditation services for legal entities to assess the vulnerability of transport infrastructure facilities and vehicle   in the established field of activity Order of the Ministry of Transport of the Russian Federation of 06.03.2013 No. 72 "On approval of the Administrative Regulations of the Federal Railway Transport Agency for the provision of public service for accreditation of legal entities to assess the vulnerability of transport infrastructure facilities and vehicles in the established field of activity" // Ros. gas. 2013. July 19th. . The problem has been revealed: the documents studied do not contain a specific list of public services, and only indicate the scope of activities in which this body provides public services.

The federal executive body providing public services in the field of tourism is the Federal Agency for Tourism (Rosturizm) Government Decree of 31.12.2004 No. 901 (as amended on 04/28/2015) “On the approval of the Statute of the Federal Agency for Tourism” // Assembly. legislation of the Russian Federation. 2005. № 2. Art. 159.. To achieve these goals a number of basic documents have been developed. For example, the Agency’s Regulations have developed the Order of the Federal Agency for Tourism of 20.08.2009 No. 190 (as amended on 05.10.2011) “On the approval of the Regulations of the Federal Agency for Tourism” // Bulletin of normative acts of federal executive bodies. 2009. No. 50. The public declaration of the goals and objectives of Rostourism for 2015 was approved. Order of the Federal Agency for Tourism of February 20, 2015 No. 58-Pr-15 “On approval of the public declaration of the goals and objectives of Rostourism for 2015” // Consultant Plus. Legislation. . The problem has been revealed: the documents studied do not contain a specific list of public services, in them the function of providing public services is only designated as the main one, but not specified.

Federal executive authority providing public services in the field of property and land relations, is the Federal Agency for State Property Management (Rosimushchestvo) Government Decree dated 05.06.2008 No. 432 (as amended on 09/28/2015) “On the Federal Agency for State Property Management” // Meeting of the legislation of the Russian Federation. 2008. № 23. Art. 2721. To achieve these goals a number of basic documents have been developed. For example, developed: Administrative regulations for the provision of state services for the implementation in the prescribed manner of issuance of extracts from the register of federal property Order of the Ministry of Economic Development of the Russian Federation of 07.10.2011 No. 556 "On approval of the Administrative Regulations for the provision by the Federal Agency for State Property Management of the state implementation services in the procedure for issuing extracts from the register of federal property "// Bulletin of normative acts of federal executive bodies domain. 2011. No. 49.; Administrative regulations for the execution of state functions for conducting inspections of the use of property in federal ownership Order of the Ministry of Economic Development of the Russian Federation of 26.10.2011 No. 598 "On approval of the Administrative regulations for the execution by the Federal Agency for State Property Management of state functions for conducting inspections of the use of property in federal property ”// Bulletin of normative acts of federal executive bodies. 2012. № 7.. The problem was revealed: the analysis of the regulations showed that the actions performed by the relevant officials in the provision of public services are not sufficiently spelled out in the “Administrative Procedures” section.

Let us analyze individual Regulations on federal ministries, Administrative regulations of federal ministries on the provision of public services according to the following criteria: the content of a specific list of public services; algorithm of actions for the provision of public services; quality control of public services provided.

The federal executive body that provides public services in the sphere of internal affairs is the Ministry of Internal Affairs of the Russian Federation (Ministry of Internal Affairs of Russia). Decree of the President of the Russian Federation of 01.03.2011 No. 248 (as amended on 09/12/2015) “Questions of the Ministry of Internal Affairs of the Russian Federation” // Meeting legislation of the Russian Federation. 2011. № 10. Art. 1334. To achieve these goals a number of basic documents have been developed. Thus, the following were developed: Administrative regulations for the provision of state services for registration of motor vehicles and trailers to them Order of the Ministry of Internal Affairs of Russia of 07.08.2013 No. 605 "On Approval of Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the Provision of State Services for Registration of Motor Vehicles and Trailers to them" // Ros. gas. 2013. Oct 04 ; Administrative regulations on the provision of state services for issuing licenses for acquiring civilian, service weapons and ammunition to a legal entity Order of the Ministry of Internal Affairs of the Russian Federation of 05/12/2012 No. 501 (as amended on 12/30/2014) “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation on the provision of public services on issuing a license for the acquisition of civilian, service weapons and ammunition to a legal entity ”// Ros. gas. 2012. September 12 . The problem has been revealed: the documents studied do not contain a specific list of public services, they indicate the scope of activities in which this body provides services.

The federal executive body that provides public services in the field of health care is the Ministry of Health of the Russian Federation (Ministry of Health of Russia) Government Decree of June 19, 2012 No. 608 (as amended on 06/03/2015) “On Approval of the Regulation on the Ministry of Health of the Russian Federation” // Assembly legislation of the Russian Federation. 2012. № 26. Art. 3526. To achieve these goals a number of basic documents have been developed. For example, a Plan was developed for the implementation of the Concept of Openness of Federal Executive Authorities. A plan of the Ministry of Health of the Russian Federation for the implementation of the Concept of Openness of Federal Executive Authorities for 2014, taking into account the “planning horizon” until 2018 (approved by the Ministry of Health of the Russian Federation on August 1, 2014) // Consultant Plus. Legislation. , Approved Administrative Regulations for the provision of state services for state registration of medical devices Order of the Ministry of Health of 14.10.2013 No. 737n "On approval of the Administrative Regulations of the Federal Service for Supervision of Health in the provision of state services for state registration of medical products" // Ros. gas. 2014. 01 Aug . The problem was revealed: the analysis of the regulations showed that the actions performed by the relevant officials in the provision of public services are not sufficiently spelled out in the “Administrative Procedures” section.

The federal executive body providing public services in the field of culture and cinematography is the Ministry of Culture of the Russian Federation (Ministry of Culture of Russia) Government Decree of July 20, 2011 No. 590 (as amended on 05/05/2015) “On the Ministry of Culture of the Russian Federation” // Collected Legislation RF. 2011. № 31. Art. 4758. To achieve these goals a number of basic documents have been developed. For example, a plan was developed and approved for the implementation of the Concept of Openness of Federal Executive Authorities Order No. 2121 of the Ministry of Culture of the Russian Federation of 29.007.2015 “On Approval of the Departmental Plan of the Ministry of Culture of the Russian Federation for the Implementation of the Concept of Openness of Federal Executive Authorities for 2015” // Consultant Plus . Legislation. ; Approved the Administrative Regulations for the provision of state services for issuing tasks and permits for preserving the cultural heritage of the peoples of the Russian Federation Order of the Ministry of Culture of the Russian Federation No. 811 of July 30, 2013 (“On Approval of Administrative Regulations for Providing a State Service”) and permits to preserve the cultural heritage object (historical and cultural monument) of the peoples of the Russian Federation federal significance   (with the exception of certain objects of cultural heritage, the list of which is established by the Government of the Russian Federation) by state authorities of the constituent entities of the Russian Federation exercising powers in the field of preservation, use, promotion and state protection of cultural heritage objects ”// Ros. gas. 2012. Oct. 24 . The problem was revealed: the analysis of the regulations showed that the criteria for the quality of public services, which are enshrined in the studied regulations, do not fully provide a realistic assessment and do not allow to reliably determine whether the applicant remained satisfied with the public service rendered to him.

The federal executive body that provides public services in the field of education, training, scientific, scientific and technical and innovation activities is the Ministry of Education and Science of the Russian Federation (Ministry of Education and Science of the Russian Federation) Government Resolution No. 466 of 03.06.2013 (as amended on 07.11.2015) “On the approval of the Regulations on the Ministry of Education and Science of the Russian Federation” // Collection of the legislation of the Russian Federation. 2013. № 23. Art. 2923. To achieve these goals a number of basic documents have been developed. For example, the Administrative Regulations on the provision of public services for the assignment of academic titles of professors and associate professors of the Order of the Ministry of Education and Science of the Russian Federation of 25.12.2014 No. 1620 "On approval of the Administrative Regulations of the Ministry of Education and Science of the Russian Federation to provide public services for the assignment of academic titles of professors and associate professor ”// Consultant Plus. Legislation. . The problem was revealed: the analysis of the regulations showed that the actions performed by the relevant officials in the provision of public services are not sufficiently spelled out in the “Administrative Procedures” section.

The Federal Service is federal authority   the executive power performing functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and defense of the state border of the Russian Federation, the fight against crime, public security. To implement the tasks entrusted to the federal services, one of the functions is the provision of public services.

Let us analyze individual Regulations on federal services, Administrative regulations of Federal services on the provision of public services on the following criteria: the content of a specific list of public services; algorithm of actions for rendering services; quality control of public services provided.

The federal executive body that provides public services in the field of migration is the Federal Migration Service (FMS of Russia). Decree of the Government of the Russian Federation of 13.07.2012 No. 711 (as amended on 10/31/2015) “On the Issues of the Federal Migration Service” // Collected Legislation of the Russian Federation. 2012. № 30. Art. 4276. To achieve these goals a number of basic documents have been developed. For example, the Administrative Regulation on the provision of state services for the provision of forced migrant status and the extension of its validity was approved by the Order of the Federal Migration Service dated June 29, 2012 No. 218 (as amended on 10.02.2014) “On the approval of the Administrative Regulations for the provision of the Federal Migration Service status forced migrant and the extension of its term "// Ros. gas. 2012 Nov. 21 ; Administrative regulation on the execution of the state function on the execution of legislation on granting political asylum to foreign citizens and stateless persons Order of the Federal Migration Service of 05.12.2007 No. 451 (as amended on January 22, 2010) “On approval of the Administrative Regulation of the Federal Migration Service on the execution of state functions on execution of the legislation of the Russian Federation on granting political asylum to foreign citizens and stateless persons ”// Ros. gas. 2008. March 19. . The problem has been revealed: the criteria for the quality of public services, which are enshrined in the studied regulations, do not fully provide a realistic assessment and do not allow to reliably determine whether the applicant remained satisfied with the public service rendered to him.

The federal executive body providing state services in the field of taxation is the Federal Tax Service (FTS) of the Russian Federation Government Decree of September 30, 2004 No. 506 (as amended on April 3, 2015) “On Approval of the Regulations on the Federal Tax Service” // Collected Legislation RF. 2004. № 40. Art. 3961. To achieve these goals a number of basic documents have been developed. For example, the Administrative Regulations for the Provision of a State Service for Informing Taxpayers about Existing Taxes and Charges were approved Order of the Ministry of Finance of the Russian Federation of 02.07.2012 No. 99n (as amended on 12/26/2013) “On approval of the Administrative Regulations of the Federal Tax Service for the provision of free public information services (including in writing) of taxpayers, payers of fees and tax agents on applicable taxes and fees, legislation on taxes and fees and adopted in accordance with him normative legal acts, the procedure for calculating and paying taxes and fees, the rights and obligations of taxpayers, payers of fees and tax agents, powers of tax authorities and their officials, as well as receiving tax declarations (calculations) ”// Ros. gas. 2012. 28 Nov. . The problem was revealed: the analysis of the regulations showed that the actions performed by the relevant officials in the provision of public services are not sufficiently spelled out in the “Administrative Procedures” section.

So, the analysis allowed us to identify a number of problems:

First, an analysis of the provisions on federal agencies, ministries and services showed that some of them contain a specific list of public services that must be provided by the relevant state bodies (Rosaviatsia, FANO Russia), others only the field of activity in which this body provides public services (Roszheldor, Ministry of Internal Affairs of Russia), in the third - the function of providing public services is only designated as the main one, but not specified (Rostourism, Ministry of Labor of Russia). To solve the identified problems, we consider it necessary in Section I “General Provisions” in each Regulation to establish a specific list of public services that should be provided by the relevant government body. This will allow to act within the legal framework, properly allocate and calculate available resources, plan activities, concentrate efforts on the effective provision of public services, establish clear criteria for evaluating the results of their activities and monitoring.

Secondly, an analysis of the Administrative Regulations for the provision of public services showed that the “Administrative Procedures” section does not sufficiently spell out the actions implemented by relevant officials in the provision of public services (Federal Property Management Agency, Ministry of Health of Russia, Ministry of Education and Science of Russia, Federal Tax Service of Russia). To solve the identified problems, we consider it necessary in the “Administrative Procedures” section of each Administrative Regulation to specify in detail the actions taken by the relevant officials in the provision of public services. We believe that more detailed detailing will ensure proper functioning, publicity, legality, openness and predictability of actions of officials, as well as narrow the boundaries of administrative discretion.

Thirdly, the analysis of the Administrative Regulations showed that the actions allowing to conduct quality control of the provided public services are not sufficiently spelled out. The existing criteria for the quality of public services, which are enshrined in most of the current administrative regulations, do not fully provide a realistic assessment and do not reliably determine whether the applicant was satisfied with the state service rendered to him (Ministry of Culture of Russia, FMS of Russia).

To solve the identified problems, we consider it necessary in the section “Procedure and forms of control over the execution of the state function” of each Administrative Regulation to fix the following groups of criteria for the quality of public services: requirements for the process of interaction between staff and the recipient of public services; to the result of the state service; to the staff; access to public services; to the place of state service. These criteria allow you to more fully take into account the objective and subjective components in their evaluation. In addition, it is advisable to monitor not only at the final stage, when there is direct contact with the applicant, but also to track the entire process of providing public services, starting with relationships between employees and with interdepartmental cooperation, with a view to improving them and, accordingly, increasing the efficiency of government bodies.

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    thesis, added 11/28/2010

    The concept of legal regulation of state needs. Supply contract for state needs, form and procedure for its conclusion. General characteristics of the contract work, especially the organization and the ordering of orders and services for the supply of goods.

    thesis, added 02/07/2012

    Classification of public services. The main approaches to determining the quality of their provision in the region. The set of organizational, economic and legal relations arising during this process. Ways to improve them on the example of RT.

    term paper, added 04/22/2014

    The use of information and communication technologies in the provision of state and municipal services. The project "electronic government", the stages of the transition to the provision of services in electronic form. Monitoring the quality and availability of services.

    examination, added 10/30/2015

    The essence of state and municipal services. Formation of e-government and the development of the information society. The provision of public services in the Russian Federation on the basis of multifunctional centers. Regulations for the provision of municipal services.

    term paper added 03.06.2012

    General characteristics of state (municipal) enterprises. Development of the status of state-owned enterprises and features of their organization and activities. Legal regulation of the organization of activities of state enterprises in our country.

    examination, added on 10.11.2010

    Types and legal status of public institutions. Principles of procurement of goods when placing a state order, the procedure for selecting participants and bidding. Legal regulation of the conclusion, execution and termination of the state contract.

    thesis, added 07/07/2011

    Essence, methods and principles of government. The concept of competence, principles of organization and activities of state bodies. Legal regulation of the activities of the legislative, executive and judicial authorities of the Russian Federation.

    term paper added on 05/28/2016

    The main indicators of the effectiveness of public services. Analysis of existing problems in Russia that impede the development of uniform standards for the provision of public services, taking into account the needs of citizens and the required quality level.

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