Lecture 14. Implementation Basics public policy
1. Implementation of public policy as the relationship between political and administrative activities. General implementation model government decisions and politics.
In most modern societies, bureaucracy has become of great importance. One of the reasons for this situation is that practically only it is engaged in the implementation and implementation of laws and regulations, and in the performance of this function it has a certain freedom of action. Modern legislation is largely general in nature and can only be effectively implemented if officials work out its details and determine ways of implementation. The tasks carried out by modern administration are very diverse and numerous. Conditionally functions government controlled can be divided into political and administrative.
Who, how, when makes politically significant decisions and what is the mechanism for their implementation - this is the main content of public administrative management as a real relationship, as a practice.
At the political level, the level of political management, regulation social relations carried out in two main directions:
(1) policy formulation - government actions aimed at developing goals and objectives that reflect the demands of society;
(2) development of public policy - making government decisions on the implementation of a political course in specific areas of society, which involves determining an effective combination of goals and means, as well as choosing the most optimal option for activity.
The category "public policy" is used to indicate; all government decisions aimed at fulfilling those political goals and objectives that are formulated in the political course. Government decisions should be considered as the results of the functioning of the public administration system. A policy or program is chosen for a specific purpose and must lead to a specific political result. Their implementation is entrusted primarily to the authorities executive power. To achieve their goals, they can use various methods, more or less effective. State policy presupposes the choice of the most effective way a combination of goals and means of achieving them, the meaning of which is to achieve maximum results with minimal costs. Harmony of goals and means in politics is a difficult task to achieve. Although the purpose of the state mechanism of power is to develop and implement policies aimed at achieving generally significant interests, this does not mean at all that the proposed political course, which a particular society is moving towards, really meets the social needs of its citizens. Estimate political result is possible only in the context of normative criteria of a political course, which are called political goods and values. Although both politicians and ordinary citizens may disagree about what social outcomes they want, it is important to keep these criteria in mind when studying public policy because they have a major impact on the assessment of actual policy achievements.
Political functions are associated with the development of a political course or political strategy (the general direction of the state’s activities, the determination of goals, objectives and principles of social development for a long historical period). As already noted, the development and adoption of political decisions, and then monitoring their implementation constitute the main political functions in the public administration system. The priority of politics in public administration is an important system-forming principle for regulating public administration as a whole. It is politics that determines the main structural framework for the activities of administrative bodies of government.
At the administrative level, the level of public administration, control influence is expressed in the organization of the process of putting into practice government decisions in the activities of civil servants.
The defining element in the control mechanism remains the control goals that integrate the components of systems and direct their action. The hierarchy of modern current management goals includes security, prosperity, integrity, orderliness and stability of the social system. Their achievement presupposes the creation of an adequate institutional, organizational procedural structure. The mechanism of public administration as a system is a set of procedural, institutional, functional and organizational factors, the sustainable interaction of which is aimed at creating and supporting the life support and forward movement of society. The combination of these principles, their balance in organizing the system, allows us to talk about the mechanisms of activity of a particular branch of government as systems and make certain demands on the elements that make up this system.
Successful solution of such problems requires a clear legal regulation and the presence of effective institutional structures. The rules on the basis of which the policy is formulated and implemented, as well as the structure of the highest authorities directly involved in this process, are spelled out in the country's constitution.
It is the constitution that determines the model of interaction between authorities, assigns to them the functions of developing and implementing a political course, provides special groups or institutions with the opportunity to make proposals regarding a political course and gives others the right to amend them, reject or sanction them, make a final decision, and implement it , monitor its implementation and apply judicial sanctions in case of violation. Influence political parties, economic, social and individual actors on the decision-making process of government institutions must also be carried out in accordance with established rules. Claims and demands of interest groups for various benefits and preferences, in order to become legal (legitimate), must be brought to the attention of the authorities and transformed government officials into laws or policies based on compliance with generally accepted rules, and not contrary to them through blackmail, intimidation, armed and violent actions.
Among the administrative functions of government bodies are: execution of decisions, maintenance, regulation, licensing, information collection, discretionary activities and examination.
State bureaucracy at any level carries out a different set of these basic functions.
The primary function of public administration is the execution and implementation of passed laws and policies promulgated by the executive branch. This is administration itself, and it usually depends on how it will be interpreted by the bureaucracy, as well as on how actively and effectively the bureaucracy will implement this course in practice. But the powers of the bureaucracy are by no means limited to carrying out and implementing the principles developed by others. Moreover, bureaucratic bodies can articulate and aggregate interests. Departments, let's say Agriculture, Labour, Defense, Social Security and Education are probably among the interest groups whose voices carry the most weight.
Bureaucracy is actively involved in political communication. Political elites, whether legislators or executives, base many of their decisions on information received by the outcast; gift administration. Interest groups, political parties, business elites and the public similarly depend on this information. Most key bodies in modern governments have their own press secretaries, whose functions include informing and influencing the media. Considering the growing influence of mass media in modern societies, higher government leaders strive to present them with their version of events. At the same time, leaks of secret or confidential information have become widespread, and a significant part of journalists are gradually refusing to recognize any restrictions in the publication of information of both a private and political nature. As a result, the political and executive powers and bureaucracy can no longer control information as tightly as they once did. In communicating with the media, senior administrators today must resort to more sophisticated strategies and use the help of professionals. Reliance on information sorting and “executive privileges” give way to the art of “information flow management.”
Four main models for the development and implementation of public policy can be distinguished, depending on who plays the main role in setting goals and objectives, developing activities and programs, their implementation and evaluation of results, taking as a basis the relationship along the “ central government- local authorities" and "state - civil society".
No. 1 “Top-down” model, when decisions are made at higher levels management (federal authorities), and then they are brought to the lower levels and specific bodies of regional or local government, which play a passive role and act as simple executors of state policies or government programs.
No. 2 The “bottom-up” model, in which policy formation begins with the lower structures of government, regional, city and local authorities are actively involved, participating in the development and implementation of various programs and projects, setting goals and objectives. Based on their proposals, taking into account their opinions and interests, a holistic state policy in a specific area of life is then developed.
No. 3 “Centralized model”, when policy formation is carried out by the bureaucratic apparatus, without the involvement of public organizations and taking into account the opinions of citizens. The implementation of public policy also remains the domain of a narrow group of government officials, and the population is simply consumers of services or executors of decisions of federal or local officials.
No. 4 “Democratic model”, in which there are mechanisms for involving citizens and public organizations in the development of state policy while maintaining centralized management, various civil initiatives are encouraged, the state promptly responds to the opinion of the population, shows sensitivity, and creates conditions for the activation of civil society.
The choice of a specific strategy largely depends on the goals set by policy subjects, the participation of citizens in the implementation of policies, the nature of the problems, the availability of resources, etc.
2. Instruments for implementing state policy: programs and national projects. Execution resources.
The process of implementing political goals begins after the adoption of the relevant legislative documents and represents specific actions and activities government agencies executive power. In order for these actions to be effective and lead to the expected results, several conditions listed below must be met.
1. Legislation must clearly define the boundaries and main organizational and financial aspects of the implementation of state policy.
2. Executive bodies must have the necessary resources and qualified personnel.
3. State policy must find broad support among social groups and leaders of socio-political organizations.
4. State policy should not cause social conflicts and undermine the socio-economic or political foundations of the state.
In the process of policy implementation, the role of public authorities is to:
Obtain the necessary resources;
Develop appropriate plans and programs;
Organize and coordinate the activities of participants;
Implement measures to achieve the set goals.
A key component of the success of the implementation of public policy is relationships within the public administration system. Weak implementation is most noticeable where there is no clear division of power between various government bodies.
Another success factor is the quality of the policy, government program or decision made. Therefore, even a special term “solution feasibility” was introduced, meaning that even at the development stage, the probability of implementing all planned activities is calculated, taking into account the influence of various factors.
Much depends on how accurate the assignments are and how they are interpreted by specific performers, especially at the lowest level of management, since it is the lower layer of officials who are involved in the specific implementation of government decisions. Moreover, it is quite difficult to establish control over this layer.
Among the tools widely used in the public administration system are the development and implementation of targeted programs. The programmatic approach is sometimes criticized, citing the low return on investment of many government programs. But here, it is probably necessary to talk about improving the mechanism for developing and managing programs, methods for evaluating them and monitoring their implementation, and not about abandoning programs. Moreover, the use of the program method allows you to concentrate resources to solve a specific problem, combine the efforts of all interested organizations and involve the population in solving problems, set long-term goals and develop a strategy for a long period of time. The latter is very important, since the solution to many social problems takes a long time due to their complexity and scale.
Targeted programs are a tool of public administration. They are linked in terms of resources, performers and timing of implementation with a complex of research, development, production, socio-economic, organizational and other activities that ensure the effective solution of problems in the field of state, economic, environmental, social and cultural development.
These programs are aimed at achieving the goals set by the authorities state power goals and are the main instrument for structural changes in the economy and in solving important social problems.
When choosing problems that are appropriate to solve using software methods, several criteria are used, including:
Significant significance of the activities for the country or region;
Fundamental novelty and high efficiency program events;
The impossibility of solving the problems under consideration using market mechanisms;
The need for targeted coordination of intersectoral connections during the implementation of program activities.
The target program project consists of several blocks, such as:
2) the main goals and objectives of the program, terms and stages of its implementation;
3) system of program activities;
4) resource support for the program;
5) organizational and economic mechanism for implementing the program;
6) organizing program management and monitoring the progress of implementation;
7) assessing the effectiveness of the socio-economic consequences of the program;
8) program passport.
In the annex to the draft target program the following is given:
Explanatory note;
Business plan with socio-economic and feasibility study;
Preliminary budget request for appropriations from the state budget to finance the program for the next fiscal year;
Agreement sheet with interested executive authorities.
The executive authorities pay special attention to the development of strategic and operational plans and linking them with the goals and activities of the representative government. So, to create an operational plan, the following actions are carried out:
Link the work plan to long-term goals;
Define specific performance indicators;
Communicate plans to direct implementers;
Determine regulatory mechanisms and feedback.
For operational plans to be successfully implemented, several conditions must be present, including:
Skillful and flexible political leadership;
Appropriate resources, primarily human and financial;
Competent management and effective organizational structures;
Staff motivation.
One of effective methods One of the ways to study the effectiveness of plans or programs at an early stage is to develop a scenario for their implementation of a policy or program. It describes future events and anticipates the behavior of the main participants. Usually several scenarios are developed when different conditions and the presence of favorable and negative factors. The essence of developing scenarios comes down to identifying the main participants in the implementation, choosing specific rules or conditions for their activities, determining the forms and nature of the actions and behavior of participants, and predicting intermediate and final results.
3. Financing of public policies and government programs.
The economic basis of the policy is public finances, which are part of the general financial and credit system of the state. It is customary to include budgets of all levels, extra-budgetary funds, and state credit in the composition of public finances. The state budget is the main financial plan of the state, the monetary base that forms the material basis for the existence of the state, a mechanism for receiving and spending funds intended to ensure the performance of the functions of state power. The budget system of the Russian Federation is based on two main principles: the unity of the budget system and the independence of budgets at all levels. The Russian budget system currently includes:
Federal budget of the Russian Federation,
Budgets of the constituent entities of the Russian Federation,
Budgets of local governments.
Budget preparation and execution is a function of the executive branch. Review, approval and control of budget execution are the functions of the State Duma, the highest bodies of representative power of the constituent entities of the Russian Federation and local authorities. Required condition is the coordination of three components, including:
Strategic planning cycle
budget cycle,
Operational planning.
In accordance with the Constitution of the Russian Federation (Article 117), its preparation and execution are within the competence of executive authorities - the government and ministries, and the consideration and approval of the federal budget is entrusted to the President of the Russian Federation and the Federal Assembly of the Russian Federation.
General control over the execution of the federal budget is exercised by the State Duma, which reviews and approves the report on budget execution, and direct control is carried out by the independent Accounts Chamber created by the Federal Assembly of the Russian Federation.
The main methods of mobilizing government revenues are taxes, loans and emissions. However, it is important not only to collect income, but also to distribute it according to sectoral, territorial and intended purpose. The amount of expenditure is directly related to the economic, social, managerial and defense functions of the state. Play a special role off-budget funds, among which are the social insurance fund, pension fund, and health insurance fund.
One of current issues is the development of the system interbudgetary relations, which allows you to distribute incoming revenues between three levels of government in the Russian Federation: federal, regional and local. Interbudgetary transfers can be provided in the form of: a) subventions from funds, b) subsidies from budgets, c) subsidies, d) other forms based on the legislation of the Russian Federation.
An important mechanism for the distribution and control over the expenditure of budget funds is the introduction into the Russian budget system Single Treasury Account. Work is currently underway to create a modern departmental information network servicing budget execution. This network will allow treasury authorities to receive any operational information about the accounts of the federal, regional and local budgets. The main role in this area is played by Federal Treasury of the Russian Federation (Treasury of Russia), which is a federal executive body (federal service) that, in accordance with the legislation of the Russian Federation, carries out enforcement functions to ensure the execution of the federal budget, cash services for the execution of Russian budgets, preliminary and current control over the conduct of transactions with the main funds of the federal budget managers, administrators and recipients of federal budget funds. The Treasury must systematically compile and submit to the Ministry of Finance operational information and reporting on the execution of the federal budget of the Russian Federation.
Currently, there are two main approaches to financial management in the Russian public sector:
a) cost model financial management, when financial resources are allocated to various bodies in an estimated manner, while the main criterion for efficiency is their timely, targeted and complete use, i.e. the emphasis is on costs.
b) effective model financial management, in which financial resources are allocated for specific goals and objectives and the main criterion of effectiveness is the achievement of the results and goals set for the organization.
One of the directions for improving public administration in Russia is the transition to a system budget planning based on results, which presupposes targeted use of funds (correspondence between goals and results), clear three-year spending limits, identification of priority government programs, priority of departmental and consolidated economic classification, monitoring the results of budget implementation. The main tool is Reports on the results and main activities of budget planning entities (DRONDs). Subjects include all federal ministries, services and agencies subordinate to the President of the Russian Federation or the Government of the Russian Federation.
The Russian budget is developed for a three-year period, which allows for strategic planning, and in structure it is divided into two parts - into existing obligations and assumed obligations on the “rolling three-year” principle. This allows the annual budget to be adjusted depending on its implementation, new tasks and priorities of the government, based on a medium-term perspective.
- Address Moscow, Ilyinka st., 9
- Phone/fax (495) 987-91-01
- Official site http://www.minfin.ru/
- Head Siluanov Anton Germanovich
The Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of budgetary, tax, insurance, foreign exchange, banking, credit cooperation, microfinance activities, financial markets, public debt, auditing, accounting and financial reporting, production, processing and circulation precious metals and precious stones, customs duties, determination of the customs value of goods, formation and investment of pension savings, including those included in the payment reserve, organization and implementation of lotteries, gambling, production and circulation of security printed products, financial support for the public service, investment of savings for housing provision for military personnel - participants in the savings and mortgage system, state regulation of the activities of non-state pension funds, management companies, specialized depositories and actuaries for non-state pension provision, compulsory pension insurance and professional pension insurance (with the exception of state regulation of legal relations between the non-state pension fund and participants of the non-state pension fund, insured persons and their legal successors, as well as in terms of legal relations, the subject of which is the Pension Fund of the Russian Federation), state regulation in the field of shared-equity construction of apartment buildings and (or) other real estate, bureau credit histories.
Approved
Government Decree
Russian Federation
dated June 30, 2004 N 329
POSITION
ABOUT THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
(as amended by decrees of the Government of the Russian Federation of 01.12.2004 N 703, dated 05.27.2005 N 336, dated 12/21/2005 N 793, dated 07/26/2006 N 459, dated 11.11.2006 N 669, dated 05.30.2007 N 336, from 27.10.2007 N 707, dated 30.01.2008 N 42, dated 07.11.2008 N 814, dated 29.12.2008 N 1052, dated 27.01.2009 N 43, dated 14.02.2009 N 109, dated 10.03.2009 N 212 , from 26.06 .2009 N 538, dated 07/30/2009 N 620, dated 01/26/2010 N 24, dated 02/20/2010 N 75, dated 03/09/2010 N 135, dated 06/15/2010 N 438, dated 09/13/2010 N 726, dated 27. 12. 2010 N 1149, from 12/27/2010 N 1170, from 01/17/2011 N 5, from 03/04/2011 N 145, from 03/11/2011 N 162, from 03/24/2011 N 210, from 08/29/2011 N 717, from 17 .10.2011 N 842, dated 03.11.2011 N 899, dated 05.05.2012 N 466, dated 13.06.2012 N 577)
I. General provisions
1. The Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of budgetary, tax, insurance, foreign exchange, banking, credit cooperation, microfinance activities, financial markets, government debt, auditing activities, accounting and financial reporting, production, processing and circulation of precious metals and precious stones, customs duties, determination of the customs value of goods, formation and investment of pension savings, including those included in the payment reserve, organization and holding of lotteries, gambling, production and circulation of security printing products, financial support for the public service, investment of savings for housing provision for military personnel - participants in the savings-mortgage system, state regulation of the activities of non-state pension funds, management companies, specialized depositories and actuaries for non-state pension provision, compulsory pension insurance and professional pension insurance (with the exception of state regulation of legal relations between a non-state pension fund and participants of a non-state pension fund, insured persons and their legal successors, as well as in relation to legal relations the subject of which is the Pension Fund of the Russian Federation), state regulation in the field of shared construction of apartment buildings and (or) other real estate, credit history bureaus.
(as amended by Resolutions of the Government of the Russian Federation dated December 21, 2005 N 793, dated May 30, 2007 N 336, dated October 27, 2007 N 707, dated January 30, 2008 N 42, dated January 26, 2010 N 24, dated December 27, 2010 N 1149, dated 08/29/2011 N 717, dated 05/05/2012 N 466)
The Ministry of Finance of the Russian Federation is developing the main directions for the development of the securities market and coordinating the activities of federal executive authorities on issues of regulating the securities market.
(paragraph introduced by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
2. The Ministry of Finance of the Russian Federation coordinates and controls the activities of the Federal Tax Service, the Federal Service for Financial and Budgetary Supervision and the Federal Treasury under its jurisdiction.
(as amended by Decrees of the Government of the Russian Federation dated December 1, 2004 N 703, dated July 26, 2006 N 459, dated October 27, 2007 N 707, dated January 30, 2008 N 42, dated February 20, 2010 N 75, dated August 29, 2011 N 717)
3. The Ministry of Finance of the Russian Federation is guided in its activities by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, as well as these Regulations.
4. The Ministry of Finance of the Russian Federation carries out its activities in cooperation with other federal executive authorities, executive authorities of the constituent entities of the Russian Federation, authorities local government, public associations and other organizations.
II. Authority
5. The Ministry of Finance of the Russian Federation exercises the following powers:
5.1. submits to the Government of the Russian Federation draft federal laws, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents that require a decision from the Government of the Russian Federation on issues related to the established area of jurisdiction of the Ministry and the areas of jurisdiction subordinate to it federal services, as well as a draft work plan and forecast indicators for the Ministry’s activities;
5.2. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the Ministry adopts the following regulatory legal acts:
5.2.1. the procedure for generating reporting on the execution of the federal budget, budgets of state extra-budgetary funds, budgets of the budget system of the Russian Federation and the consolidated budget of the Russian Federation;
5.2.2. the procedure for maintaining a consolidated budget list of the federal budget;
5.2.3. lost its power. - Decree of the Government of the Russian Federation dated March 4, 2011 N 145;
5.2.3.1. procedure for maintaining the Single state register legal entities;
(clause 5.2.3.1 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
5.2.3.2. the procedure, forms and deadlines for providing information and documents contained in the Unified State Register of Legal Entities;
(Clause 5.2.3.2 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
5.2.3.3. the procedure for maintaining the Unified State Register of Individual Entrepreneurs;
(clause 5.2.3.3 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
5.2.3.4. the procedure, forms and deadlines for providing information and documents contained in the Unified State Register of Individual Entrepreneurs;
(clause 5.2.3.4 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
5.2.3(5). the procedure for recording and storage by the registering body of all documents submitted to the registering body, as well as the procedure and terms of storage by the registering body of documents contained in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs and the procedure for their transfer for permanent storage to state archives;
(clause 5.2.3(5) as amended by Decree of the Government of the Russian Federation dated March 11, 2011 N 162)
5.2.3.6. procedure for maintaining the Unified State Register of Taxpayers;
(Clause 5.2.3.6 introduced by Decree of the Government of the Russian Federation dated March 10, 2009 N 212)
5.2.3.7. forms, procedure and deadline for providing information and certificates specified in paragraphs 5 and 6 of Article 6 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”;
(Clause 5.2.3.7 introduced by Decree of the Government of the Russian Federation dated 03/09/2010 N 135)
5.2.3(8). the procedure for making corrections to information included in the records of the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs on electronic media that do not correspond to the information contained in the documents on the basis of which such records were made (correction of a technical error);
(clause 5.2.3(8) as amended by Decree of the Government of the Russian Federation dated June 13, 2012 N 577)
5.2.3(9). the composition of information on the state registration of a legal entity, a peasant (farm) enterprise, an individual as an individual entrepreneur, subject to posting on the official website of the registration authority on the Internet, and the procedure for their placement;
(clause 5.2.3(9) introduced by Decree of the Government of the Russian Federation dated March 11, 2011 N 162)
5.2.4. forms of tax returns, tax calculations and procedures for filling out tax returns;
5.2.4.1. application form for concluding a contract of compulsory civil liability insurance for vehicle owners, form of an insurance policy for compulsory civil liability insurance of vehicle owners, form of a document containing information about civil liability insurance of vehicle owners under a compulsory insurance contract;
(clause 5.2.4.1 introduced by Decree of the Government of the Russian Federation dated March 10, 2009 N 212)
5.2.5 - 5.2.7. have lost their power. - Decree of the Government of the Russian Federation of February 20, 2010 N 75;
5.2.8. acts establishing the maximum amounts of one bank guarantee and the maximum amounts of all simultaneously valid bank guarantees issued by one bank or one organization, for the acceptance of bank guarantees by customs authorities in order to ensure the payment of customs duties, - in agreement with the Federal Customs Service;
(as amended by Decree of the Government of the Russian Federation dated February 20, 2010 N 75)
5.2.9 - 5.2.11. have lost their power. - Decree of the Government of the Russian Federation of February 20, 2010 N 75;
5.2.12. the procedure for controlling the customs value of goods together with the Federal Customs Service;
(clause 5.2.12 as amended by Decree of the Government of the Russian Federation dated July 26, 2006 N 459)
5.2.13. the procedure for maintaining the state debt book of the Russian Federation and transferring information from the state debt book of a constituent entity of the Russian Federation and the municipal debt book to the Ministry of Finance of the Russian Federation;
5.2.14. the procedure for the formation of the state registration number assigned to issues of state and municipal securities and other debt obligations;
5.2.15. reports on the results of the issue of federal government securities;
5.2.16. standards for disclosing information on securities of constituent entities of the Russian Federation or municipal securities contained in the decision on the issue of securities of constituent entities of the Russian Federation or municipal securities and in the report on the results of the issue of these securities;
5.2.17. the form of application for state registration of regulatory legal acts containing the conditions for the issue of government securities of the constituent entities of the Russian Federation and municipal securities, as well as the form for submitting reports on the results of the issue of these securities;
5.2.18. conditions for the issue and circulation of federal government securities and decisions on the issue of individual issues of federal government securities;
5.2.19. maximum compensation rates for the use of personal cars and motorcycles for business trips;
5.2.20. lost its power. - Decree of the Government of the Russian Federation of September 13, 2010 N 726;
5.2.21. the procedure for maintaining accounting records and preparing financial statements;
5.2.22. the procedure for determining prices for precious metals, as well as products made from them, purchased into the State Fund of Precious Metals and Precious Stones of the Russian Federation and sold from it;
5.2.23. an act on the procedure for recording and storing precious metals, precious stones, products made from them and maintaining records during their production, use and circulation;
5.2.24. acts on the issues of investing savings for housing provision for military personnel, regulation in the field of formation and investment of pension savings, including those included in the payment reserve, which also provides for the approval of standard agreements of subjects of relations for investing funds of the payment reserve and pension savings of insured persons for whom a fixed-term period has been established pension payment specified in Article 11 of the Federal Law “On the procedure for financing payments from pension savings”;
(clause 5.2.24 as amended by Decree of the Government of the Russian Federation dated 05.05.2012 N 466)
5.2.25. forms and deadlines for reporting on lotteries;
5.2.26. lost its power. - Decree of the Government of the Russian Federation of August 29, 2011 N 717;
5.2.27. acts establishing the security regime for premises (territories) used for carrying out activities for the production of security printing products, requirements for recording security printing products, as well as technical requirements and conditions for the production of security printing products;
5.2.28. work regulations and composition of the expert commission for the consideration of materials submitted for obtaining licenses to carry out activities for the production of counterfeit-proof printed products, including forms of securities, as well as to trade in these products;
5.2.28.1. qualification requirements requirements presented to the head of the financial body of a constituent entity of the Russian Federation;
(Clause 5.2.28.1 introduced by Decree of the Government of the Russian Federation of December 29, 2008 N 1052)
5.2.28.2. qualification requirements for the head of the financial body of the municipality;
(clause 5.2.28.2 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
5.2.28.3. the procedure for providing the financial authority of the municipality with information on the calculation and payment of taxes and fees subject to inclusion in the budget of the municipality;
(clause 5.2.28.3 introduced by Decree of the Government of the Russian Federation dated December 29, 2008 N 1052)
(clause 5.2.28.4 introduced by Decree of the Government of the Russian Federation dated February 14, 2009 N 109)
5.2.28.5. federal standards auditing activities;
(clause 5.2.28.5 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.6. lost its power. - Decree of the Government of the Russian Federation of September 13, 2010 N 726;
5.2.28.7. the procedure for issuing an auditor qualification certificate and its form;
(clause 5.2.28.7 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.8. the procedure for maintaining the register of auditors and audit organizations and the control copy of the register of auditors and audit organizations, as well as the list of information included in them;
(clause 5.2.28.8 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.9. the procedure for maintaining the state register of self-regulatory organizations of auditors;
(clause 5.2.28.9 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.10. regulations on the audit council and regulations on the working body of the audit council;
(clause 5.2.28.10 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.11. the procedure for appointing and conducting an audit of a self-regulatory organization of auditors, the audit program, as well as the procedure for recording its results;
(clause 5.2.28.11 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.12. the procedure for conducting a qualification examination of a person applying for a qualification certificate of an auditor;
(clause 5.2.28.12 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.13. the procedure for creating a unified certification commission;
(clause 5.2.28.13 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.2.28.14. requirements for an agreement on direct compensation of losses, the procedure for settlements between the insurer that provided direct compensation for losses and the insurer that insured the civil liability of the person who caused the harm, as well as the specifics of accounting for transactions related to direct compensation of losses;
(clause 5.2.28.14 introduced by Decree of the Government of the Russian Federation of July 30, 2009 N 620)
5.2.28.15 - 5.2.28(26). have lost their power. - Decree of the Government of the Russian Federation of August 29, 2011 N 717;
5.2.28(27). the procedure for selling the insurance portfolio of an insurance organization to another insurance organization when applying measures to prevent bankruptcy of the insurance organization, as well as during the procedures applied in a bankruptcy case;
(clause 5.2.28(27) introduced by Decree of the Government of the Russian Federation dated December 27, 2010 N 1170)
5.2.28(28). the procedure for transferring the insurance portfolio of an insurance organization to another insurance organization or insurance organizations when applying measures to prevent bankruptcy of the insurance organization, as well as during the procedures applied in a bankruptcy case, including the procedure for fulfilling obligations under insurance contracts identified after the transfer of the insurance portfolio to the insurance organization and not transferred as part of it, the procedure for fulfilling obligations by the managing insurance organization, the features of the transfer of the insurance portfolio of the insurance organization and the procedure for selecting the managing insurance organization by type of insurance for which compensation payments are provided;
(clause 5.2.28(28) introduced by Decree of the Government of the Russian Federation dated December 27, 2010 N 1170)
5.2.28(29) - 5.2.28(31). have lost their power. - Decree of the Government of the Russian Federation of August 29, 2011 N 717;
5.2.28(32). the procedure for providing forms of technical inspection coupons and forms of international technical inspection certificates, as well as recording, storage, transfer and destruction of such forms;
(clause 5.2.28(32) introduced by Decree of the Government of the Russian Federation dated November 3, 2011 N 899)
5.2.29. in agreement with the Federal Service for Financial Markets, regulatory legal acts, the adoption of which is referred by federal laws and regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation to the competence of the federal executive body in the field of financial markets, the federal executive body for the securities market, the federal body executive power, which carries out the functions of developing state policy and legal regulation in the field of insurance activities, the authorized federal executive body for state regulation of the activities of non-state pension funds for non-state pension provision, compulsory pension insurance and professional pension insurance (with the exception of regulatory legal acts, regulating legal relations between a non-state pension fund and participants of a non-state pension fund, insured persons and their legal successors, as well as legal relations the subject of which is the Pension Fund of the Russian Federation), the federal executive body authorized to exercise control and supervision over the activities of credit history bureaus, establishing:
(clause 5.2.29 as amended by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
5.2.29.1. the following requirements:
5.2.29.1.1. qualification requirements and requirements for professional experience of persons performing the functions of the sole executive body joint-stock investment fund, the management company of the joint-stock investment fund and the specialized depository of the joint-stock investment fund, the head of the branch of the specialized depository of the joint-stock investment fund (the head of a separate structural unit of the organization operating the specialized depository of the joint-stock investment fund), controllers (heads of the internal control service) of the management company of the joint-stock investment fund fund and specialized depository of a joint-stock investment fund, candidates for the position of the sole executive body of a housing savings cooperative, including requirements for the head of the management organization or the manager of a housing savings cooperative, for the position of chief accountant of a housing savings cooperative;
5.2.29.1.2. qualification requirements for employees of professional participants in the securities market, for employees of mortgage coverage managers, specialized depositories of mortgage coverage, for employees of a management company of a joint-stock investment fund and a specialized depository for a joint-stock investment fund, for persons performing the functions of the sole executive body of a non-state pension fund, for controllers ( heads of the internal control service) of a non-state pension fund;
5.2.29.1.3. requirements for the professional experience of persons performing the functions of the sole executive body of professional participants in the securities market, persons performing the functions of the sole executive body of mortgage coverage managers and specialized mortgage coverage depositories;
(clause 5.2.29.1 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.2. mandatory for professional participants in the securities market, with the exception of credit institutions, equity adequacy standards and other requirements aimed at reducing risks professional activity on the securities market, including the procedure for calculating the amount of equity capital of professional participants in the securities market, with the exception of credit organizations;
(clause 5.2.29.2 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.3. the requirements that individuals must meet to qualify as qualified investors;
(clause 5.2.29.3 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.4. requirements for the size and procedure for calculating the own funds of a joint-stock investment fund and the management company of the investment fund, mutual investment fund and non-state pension fund;
(clause 5.2.29.4 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.5. requirements for the amount and procedure for calculating the own funds of mortgage agents;
(clause 5.2.29.5 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.6. requirements for the financial position and business reputation of participants in credit history bureaus;
(clause 5.2.29.6 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.7. the procedure for calculating the amount of own funds of an applicant for a license to organize exchange trading and an applicant for a license to conclude by an exchange intermediary in exchange trading contracts that are derivative financial instruments, the underlying asset of which is an exchange commodity;
(clause 5.2.29.7 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.8. requirements for the structure of assets of joint-stock investment funds and assets of mutual investment funds;
(clause 5.2.29.8 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.9. requirements for the financial stability of insurers in terms of the formation of insurance reserves, the composition and structure of assets accepted to cover insurance reserves, quotas for reinsurance, the regulatory ratio of the insurer’s own funds and accepted obligations, composition and structure of assets accepted to cover the insurer’s own funds, issuing bank guarantees;
(clause 5.2.29.9 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.10. the procedure for agreeing on the provisions on the formation of insurance reserves and insurance rules for additional types of insurance;
(clause 5.2.29.10 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.11. the procedure for allocating funds from the reserve fund of a credit consumer cooperative;
(clause 5.2.29.11 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.12. additional financial standards in addition to the financial standards provided for by the Federal Law “On Credit Cooperation”;
(clause 5.2.29.12 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.13. procedure for maintaining the state register of microfinance organizations;
(clause 5.2.29.13 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.14. forms and deadlines for submitting documents containing a report on microfinance activities and the personal composition of the governing bodies of a microfinance organization;
(clause 5.2.29.14 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.15. economic standards for the adequacy of own funds and liquidity of microfinance organizations that attract funds from individuals and legal entities in the form of loans;
(clause 5.2.29.15 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.29.16. other acts in accordance with the Federal Laws “On Microfinance Activities and Microfinance Organizations” and “On Credit Cooperation”;
(clause 5.2.29.16 introduced by Decree of the Government of the Russian Federation of August 29, 2011 N 717)
5.2.30. normative legal acts on other issues in the established sphere of activity of the Ministry and federal services subordinate to the Ministry, with the exception of issues the legal regulation of which in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, is carried out exclusively by federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation, as well as acts of other federal executive authorities adopted in accordance with acts of the Government of the Russian Federation;
(clause 5.2.30 introduced by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
5.3. carries out:
5.3.1. drafting the federal budget;
5.3.2. approval and maintenance of the consolidated budget schedule of the federal budget;
5.3.2(1). determining the procedure for applying the budget classification of the Russian Federation;
(clause 5.3.2(1) introduced by Decree of the Government of the Russian Federation dated 04.03.2011 N 145)
5.3.3. lost its power. - Decree of the Government of the Russian Federation dated December 1, 2004 N 703;
5.3.4. submission to the Government of the Russian Federation of reports on the execution of the federal budget and the consolidated budget of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated December 1, 2004 N 703)
5.3.5 - 5.3.8. have lost their power. - Decree of the Government of the Russian Federation dated December 1, 2004 N 703;
5.3.9. management of the Reserve Fund and the National Welfare Fund in accordance with the established procedure;
(as amended by Decree of the Government of the Russian Federation dated September 13, 2010 N 726)
5.3.10. methodological guidance in the field of budget planning aimed at increasing the effectiveness of budget expenditures;
5.3.11. methodological support for cash services by federal treasury authorities for the budgets of constituent entities of the Russian Federation and local budgets;
5.3.12. organizing monitoring of the budget sector by the main managers of federal budget funds;
5.3.13. conclusion on behalf of the Russian Federation of agreements on the provision of state guarantees of the Russian Federation and agreements to ensure the recourse claims of the guarantor;
5.3.14. management in the prescribed manner of the state debt of the Russian Federation;
5.3.15. maintaining the state debt book of the Russian Federation and recording information on debt obligations reflected in the corresponding debt books of the constituent entities of the Russian Federation and municipalities;
5.3.16. performing the functions of an issuer of government securities;
5.3.17. state registration of the terms of issue and circulation of government securities of constituent entities of the Russian Federation and municipal securities;
5.3.18. ensuring the provision of budget loans and budget credits within the limit of funds approved by the federal law on the federal budget for the next financial year, and in the manner established by the Government of the Russian Federation;
5.3.19. in accordance with the established procedure, negotiating and signing on behalf of the Government of the Russian Federation multilateral agreements with debtors and creditors within the framework of the Paris Club;
5.3.19(1). in accordance with the procedure established by it, making decisions on the suspension of the transfer of distributed amounts of import customs duties from the single account of the Federal Treasury to the account in foreign currency of the state that is a Party to the Agreement on the Establishment and Application of customs union the procedure for crediting and distributing import customs duties (other duties, taxes and fees having an equivalent effect) dated May 20, 2010;
(clause 5.3.19(1) introduced by Decree of the Government of the Russian Federation of September 13, 2010 N 726)
5.3.20. organization of the formation and use of values of the State Fund of Precious Metals and Precious Stones of the Russian Federation;
5.3.21. approval of price lists for precious stones purchased into the State Fund of Precious Metals and Precious Stones of the Russian Federation and sold from it;
5.3.22. organizing the implementation of an international certification scheme for rough natural diamonds;
5.3.23. collection, processing and analysis of information on the state of state and municipal finances;
5.3.24. organizing the transfer of interbudgetary transfers from the federal budget to the budgets of constituent entities of the Russian Federation and municipalities;
5.3.25. coordination of decisions of the Pension Fund of the Russian Federation on the volume and structure of allocation of insurance contributions;
5.3.26. methodological guidance on the use of the register of government contracts concluded on behalf of the Russian Federation based on the results of placing orders, in order to account for the expenditure obligations of the Russian Federation;
(clause 5.3.26 introduced by Decree of the Government of the Russian Federation of November 11, 2006 N 669)
(clause 5.3.27 introduced by Decree of the Government of the Russian Federation dated February 14, 2009 N 109)
5.3.28. maintaining the state register of self-regulatory organizations of auditors, as well as a control copy of the register of auditors and audit organizations;
(clause 5.3.28 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.29. analysis of the state of the audit services market in the Russian Federation;
(clause 5.3.29 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.30. state control (supervision) over the activities of self-regulatory organizations of auditors;
(clause 5.3.30 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.31. determination of the procedure, timing and form of the report on the fulfillment by self-regulatory organizations of auditors, their member or members of the requirements of the legislation of the Russian Federation and other regulatory legal acts regulating auditing activities;
(clause 5.3.31 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.32. determination of the procedure, timing and form of communication by self-regulatory organizations of auditors about additional requirements included in the standards and code of professional ethics of auditors;
(clause 5.3.32 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.33. approval of the constituent documents of the unified certification commission and changes made to them;
(clause 5.3.33 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.34. lost its power. - Decree of the Government of the Russian Federation dated January 17, 2011 N 5;
5.3.35. approval of the composition of the audit council;
(clause 5.3.35 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.36. approval of the composition and size of the working body of the audit council;
(clause 5.3.36 introduced by Decree of the Government of the Russian Federation dated June 26, 2009 N 538)
5.3.37. coordination of actions for the participation of the professional association of insurers in international insurance systems;
(clause 5.3.37 introduced by Decree of the Government of the Russian Federation dated July 30, 2009 N 620)
5.3.38 - 5.3.44. have lost their power. - Decree of the Government of the Russian Federation of August 29, 2011 N 717;
5.3.45. approval of the following regulatory legal acts adopted by the Federal Service for Financial Markets:
5.3.45.1. standards for the issue of securities, prospectuses of securities of issuers, including foreign issuers, issuing securities on the territory of the Russian Federation, and the procedure for state registration of an issue (additional issue) of issue-grade securities, state registration of reports on the results of the issue (additional issue) of issue-grade securities securities and registration of securities prospectuses (except for state and municipal securities, as well as bonds of the Central Bank of the Russian Federation);
5.3.45.2. mandatory requirements for the procedure for maintaining the register of owners of registered securities, requirements for the rules for maintaining the register of owners of investment shares, the procedure for maintaining the register of owners of mortgage participation certificates, additional requirements for the composition of information and rules for maintaining the register of mortgage coverage;
5.3.45.3. standards for admission of securities to their public placement, circulation, quotation and listing;
5.3.45.4. the procedure for admission to the primary placement and circulation outside the territory of the Russian Federation of securities issued by issuers registered in the Russian Federation;
5.3.45.5. the procedure and timing for the disclosure of information by issuers of equity securities, information related to the activities of the mortgage coverage manager, the procedure and timing for the disclosure or provision of insider information, additional requirements for the procedure for disclosing information by a housing savings cooperative;
5.3.45.6. requirements aimed at preventing conflicts of interest of management companies of joint-stock investment funds, specialized depositories of joint-stock investment funds and shareholders of joint-stock investment funds (owners of investment shares);
5.3.45.7. uniform requirements for the rules for carrying out professional activities with securities;
5.3.45.8. the procedure for licensing various types of professional activities in the securities market;
5.3.45.9. requirements aimed at preventing conflicts of interest between mortgage coverage managers and specialized mortgage coverage depositories;
5.3.45.10. mandatory requirements for professional participants in the securities market aimed at eliminating conflicts of interest;
5.3.45.11. the level of credit rating assigned by a rating agency accredited by the federal executive body authorized by the Government of the Russian Federation to a business company and (or) bonds for the purpose of not applying restrictions on the issue of bonds of business companies;
5.3.45.12. order of presentation and form statistical reporting and other information of insurers submitted in the manner of supervision, as well as information about insurance brokerage activities;
5.3.45.13. a list of documents confirming compliance with the requirements for the authorized capital of the insurer, and documents confirming the sources of origin of funds contributed by the founders of the license applicant - individuals in the authorized capital;
5.3.45.14. requirements for the application, information and documents submitted by the license applicant to obtain a license to carry out insurance, reinsurance, mutual insurance, insurance brokerage activities;
(clause 5.3.45 introduced by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
5.3.46. coordination of rules (standards) of professional activity of professional associations of insurers in cases provided for by the legislation of the Russian Federation;
(Clause 5.3.46 introduced by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
5.3.47. development and submission to the Government of the Russian Federation of proposals to improve the legislation of the Russian Federation on commodity exchanges;
(Clause 5.3.47 introduced by Decree of the Government of the Russian Federation dated August 29, 2011 N 717)
5.4. in the manner established by the legislation of the Russian Federation, places orders and concludes government contracts, as well as other civil contracts for the supply of goods, performance of work, provision of services for the needs of the Ministry, as well as for carrying out research work for other government needs in the established field of activity;
(as amended by Decree of the Government of the Russian Federation dated January 27, 2009 N 43)
5.5. generalizes the practice of applying the legislation of the Russian Federation and analyzes the implementation of state policy in the established field of activity;
5.5.1 - 5.5(10). have lost their power. - Decree of the Government of the Russian Federation of August 29, 2011 N 717;
5.6. carries out the functions of the main manager and recipient of federal budget funds allocated for the maintenance of the Ministry and the implementation of the functions assigned to the Ministry;
5.7. organizes the reception of citizens, ensures timely and complete consideration of oral and written requests from citizens, making decisions on them and sending responses within the period established by the legislation of the Russian Federation;
5.8. ensures, within its competence, the protection of information constituting state secrets;
5.9. ensures mobilization preparation of the Ministry, as well as control and coordination of the activities of the federal services under its jurisdiction for their mobilization preparation;
5.9(1). organizes and maintains civil defense in the Ministry;
(clause 5.9(1) introduced by Decree of the Government of the Russian Federation dated June 15, 2010 N 438)
5.10. organizes professional training for Ministry employees, their retraining, advanced training and internships;
5.11. interacts in the prescribed manner with government authorities of foreign states and international organizations in the established field of activity;
5.12. carries out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, recording and use of archival documents generated in the course of the activities of the Ministry;
5.12(1). exercises, in the manner and within the limits determined by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, the powers of the owner in relation to federal property necessary to ensure the performance of the functions of federal government bodies in the field of activity established by paragraph 1 of these Regulations, including property transferred federal state unitary enterprises and federal government institutions subordinate to the Ministry;
(clause 5.12(1) introduced by Decree of the Government of the Russian Federation dated October 17, 2011 N 842)
5.13. performs other functions in the established field of activity, if such functions are provided for by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.
6. The Ministry of Finance of the Russian Federation, in order to exercise powers in the established field of activity, has the right:
6.1. request and receive, in the prescribed manner, information necessary for making decisions on issues within the competence of the Ministry;
6.2. establish, in the prescribed manner, insignia in the established field of activity and award them to employees of the Ministry and federal services under the jurisdiction of the Ministry, and other persons carrying out activities in the established field;
6.3. involve, in the prescribed manner, scientific and other organizations, scientists and specialists to study issues within the scope of the Ministry’s activities;
6.4. create coordination and advisory bodies (councils, commissions, groups, collegiums), including interdepartmental ones, in the established field of activity;
6.5. establish, in accordance with the established procedure, print media for the publication of normative legal acts in the established field of activity and official announcements, posting other materials on issues within the competence of the Ministry and the federal services subordinate to it;
6.6. establish, in agreement with the Heraldic Council under the President of the Russian Federation, a heraldic sign - an emblem, flag and pennant of the federal services under the jurisdiction of the Ministry.
(clause 6.6 introduced by Decree of the Government of the Russian Federation dated March 24, 2011 N 210)
7. The Ministry of Finance of the Russian Federation in the established field of activity does not have the right to exercise control and supervision functions, as well as functions for managing state property, except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation.
The restrictions established by the first paragraph of this clause do not apply to the powers of the Minister to manage property assigned to the Ministry with the right of operational management, decision personnel issues and issues of organizing the activities of the Ministry and its structural divisions.
When implementing legal regulation in the established field of activity, the Ministry does not have the right to establish functions and powers of federal government bodies, government bodies of constituent entities of the Russian Federation, local self-government bodies that are not provided for by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, and also does not have the right to establish restrictions to exercise the rights and freedoms of citizens, the rights of non-state commercial and non-profit organizations, except for cases where the possibility of introducing such restrictions by acts of authorized federal executive bodies is directly provided for by the Constitution of the Russian Federation, federal constitutional laws, federal laws and those issued on the basis and in pursuance of the Constitution of the Russian Federation Federation, federal constitutional laws, federal laws by acts of the President of the Russian Federation and the Government of the Russian Federation.
III. Organization of activities
8. The Ministry of Finance of the Russian Federation is headed by a Minister, appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.
The Minister of Finance of the Russian Federation bears personal responsibility for the implementation of the powers assigned to the Ministry and the implementation of state policy in the established field of activity.
The Minister has deputies who are appointed and dismissed by the Government of the Russian Federation.
The number of Deputy Ministers is established by the Government of the Russian Federation.
9. The structural divisions of the Ministry of Finance of the Russian Federation are departments in the main areas of activity of the Ministry. Departments include divisions.
10. Minister of Finance of the Russian Federation:
10.1. distributes responsibilities among his deputies;
10.2. approves regulations on the structural divisions of the Ministry, on territorial bodies of federal services subordinate to the Ministry;
10.3. in accordance with the established procedure, appoints and dismisses employees of the Ministry;
10.4. resolves, in accordance with the legislation of the Russian Federation on public service, issues related to the performance of federal public service in the Ministry;
10.5. approves the structure and staffing of the Ministry within the limits of the wage fund and the number of employees established by the Government of the Russian Federation, the cost estimate for its maintenance within the limits of the appropriations approved for the corresponding period provided for in the federal budget;
10.6. approves the annual work plan and performance indicators of the federal services subordinate to the Ministry, as well as a report on their implementation;
10.7. submits to the Government of the Russian Federation, upon proposal from the heads of federal services subordinate to the Ministry, draft regulations on federal services, proposals on the maximum number of federal services and the wage fund for their employees;
10.8. submits to the Government of the Russian Federation draft regulatory legal acts and other documents specified in paragraph 5.1 of these Regulations;
10.9. gives instructions to federal services subordinate to the Ministry and monitors their implementation;
10.10. cancels decisions of federal services subordinate to the Ministry that contradict federal law, unless a different procedure for canceling decisions is established by federal law;
10.11. appoints to and dismisses from office, upon the recommendation of the heads of the departments subordinate to the Ministry of Federal Services, deputy heads of federal services, managers territorial bodies federal services, except in cases established by decrees of the President of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated May 27, 2005 N 336)
10.12. represents, in the prescribed manner, employees of the Ministry and federal services under the jurisdiction of the Ministry, other persons carrying out activities in the established field, for the conferment of honorary titles and awards state awards Russian Federation, Certificate of Honor of the President of the Russian Federation, for encouragement in the form of a declaration of gratitude from the President of the Russian Federation;
(as amended by Decree of the Government of the Russian Federation dated November 7, 2008 N 814)
10.13. issues orders of a normative nature, and on operational and other current issues of organizing the activities of the Ministry - orders of a non-normative nature.
11. Financing of expenses for the maintenance of the Ministry of Finance of the Russian Federation is carried out from funds provided in the federal budget.
12. The Ministry of Finance of the Russian Federation is a legal entity, has a seal with the image of the State Emblem of the Russian Federation and with its name, other seals, stamps and forms of the established form and accounts opened in accordance with the legislation of the Russian Federation.
The Ministry of Finance of the Russian Federation has the right to have a heraldic sign - an emblem, a flag and a pennant, established by the Ministry in agreement with the Heraldic Council under the President of the Russian Federation.
§3. The mechanism for developing and implementing state policy. Government Decision Making Process
Public administration, associated with the development of state strategy and the implementation of day-to-day public policy, occupies a key place in the structure political process. It has already been noted that in public administration, on the one hand, through the channels of official decision-making, the “collective will” of society is accumulated and expressed, and on the other hand, through certain institutional mechanisms and with the help of instrumental means, it is implemented in public policy related to the management of public affairs . In its structure, management includes two processes: firstly, regulation of the collective resources of society and, secondly, purposeful management of people, maintaining a certain institutional order of communication between them.
The implementation of public policy, associated with the regulation of society's resources, is a kind of product of one or another cycle of the political process, being its final phase, the resulting stage.
Strategy and hierarchical levels in the mechanism of public administration
Since the writing of the classic works of A. Bontley “The Process of Management” (1908) and D. Truman “The Managerial Process” (1951), public administration and public policy have been associated mainly with the conscious regulation of public affairs and collective resources by groups controlling the main levers of power interests" with the help of official state institutions. Political management of society, noted the American political scientist C. Lindblom, can be presented as a mechanism with senior bureaucrats “at the top”, ordinary citizens “at the bottom” and its other links, subordinated according to their intermediate ranks. This one is quite voluminous and complex mechanism is a multi-level system of functional phases and ranking links that are in relationships of coordination and subordination. Here, each higher level and rank, on the one hand, is more informed, resource- and functionally provided than the lower one, and on the other hand, is endowed with great responsibility for maintaining the optimal functioning of the hierarchical levels subordinate to it.
In a broad sense, the category of “management” is often defined as a function of organic systems of varying nature and complexity, ensuring the preservation of their structure, maintenance of the internal mode of operation and implementation of the program 10. Social management stands out from other managed systems in that within its framework there are not only spontaneous mechanisms, but two interrelated determinants at once: both conscious and spontaneous methods of regulation. How, in turn, does public administration as a type of social management differ, for example, from its other varieties, such as, say, the management of a transnational corporation or a financial-industrial group, sometimes even exceeding the total number of its personnel the population of some small states?
The difference from the management of a private company lies primarily in the universal nature of public administration, due to the comprehensive coverage of powers and functions, the need for regulation of almost all types public resources and spheres of public life. “The corporation must find the type of activity for which it is most suitable and engage in it,” note English political scientists A. Lawton and E. Rose. “As for public institutions, they carry out all types of activities that are prescribed to them by law, orders and so on" 11.
In analyzing the specifics of public administration, one should also take into account the universal role of constitutional, state rights as systems of basic norms that, on behalf of the people, regulate (to a greater or lesser extent, depending on the type of political regime) all the main spheres of people’s activity and determine the fundamental principles of relationships between citizens and public institutions. In addition, all individual links and elements of the public administration mechanism have legitimate powers and power functions; a universal form with very strict regulations and sanctions; administrative means and instruments; and finally, a complex of collective resources used on behalf and in the interests of the entire people. So, if we formulate a working definition of the category of public administration, then the latter represents a special type of social management in which the state organization, as a hierarchized political subject, firstly, has a universal set of public authority powers; secondly, it officially applies administrative methods of management and coercive sanctions; thirdly, it uses legitimate forms of social communication and legal ways of interaction with groups and individuals and, finally, fourthly, it is engaged in the targeted regulation of the collective resources of society.
Within the Anglo-American tradition, the category of “public management” is the broadest in scope, including both “state or public policy” (public policy), associated with the development of public strategy and tactics, and “public administration” itself. "(public administration), aimed at effective organization, optimization of the functioning of parts of the state apparatus and the technology of work of management personnel.
So, public policy in this sense is associated with the development of a strategic course for society, the main directions of development of the state and ways to achieve its goals and objectives. In the structure of the mechanism of modern state policy, the following blocks can be distinguished: 1) the formation of a legitimate subject and institutional hierarchy of state policy; 2) development of a strategic course and adoption of government decisions; 3) administrative and other means of implementation management decisions and 4) a block of state control and arbitration, ensuring self-correction of the political regime and “feedback” with objects of state leadership.
Let's start with the methods of representation and models of formation of the subjects of public policy themselves. They can be reduced to four main types: elitist, carporativist, pluralist And participatory, which cover almost the entire system-forming spectrum of political governance, starting with the hyperconcentration of state will in the hands of one or several people (the ancient eastern despotism of Egypt, the pharaohs or imperial China) and up to plebiscitary mechanisms or participatory methods of forming subjects of public will.
Proponents of the concept of elitism believe that the state is governed by elected or appointed “few professionals”, well trained, informed and therefore completely competent, and an excessive expansion of social representation and the boundaries of political participation leads to a crisis and a decrease in the efficiency of the entire system of public administration. The subject of state policy is the elite, to whom the main powers of making strategic decisions for the country are delegated and which accumulates the collective will of the nation. Corporatists proceed from other premises, namely, from a model of coordination within the framework of state policy of heterogeneous group, corporate interests, both through parliamentary mechanisms and through special functional structures such as “tripartite commissions”, which include employers and trade unions, and where government bodies carry out the role of the arbitrator. Within the framework of the pluralistic model, the bodies that govern the state and develop state strategy are formed on the basis of free, equal and proportional representation.
Supporters of the so-called participatory 12 management system advocate for a radical expansion of the sphere of influence of the masses on the process of forming state strategy, and also advocate for a significant decentralization of the power of state entities, a shift in the center of gravity towards the regional level of decision-making and the order of self-government of local communities of citizens.
The method of forming the bearers of the public will, the order of representation and participation of the masses in public administration connects the latter with the macropolitical process through the electoral process that constitutes it. In the event of elections and a change of senior officials or ruling parties, a completely new state strategy may change or emerge (replacement of liberals or conservatives by socialists). In democratic countries, elections of senior officials and representative bodies of government (from the president and parliament to municipalities) are essentially the most legitimate way to form an integral will and express public interests. In referendums and plebiscites, all voters for a short moment directly become, in a certain sense, a “collective subject” of state policy. Even in a number of modern monarchies in “third world” countries, the mechanism of electing the head of state is increasingly used. In Malaysia and United United Arab Emirates the monarch is elected from among the sultans or emirs, who are the hereditary rulers of the structural units of these federations. The replacement of the throne in Saudi Arabia is also characterized by elements of the election of the monarch from among the “noble” royal family, and this post is often given not to the sons, but to the king’s brothers. In Swaziland, the Likoko tribal council selects the heir to the throne from among the sons of the late king.
The next, second, link in the mechanism of state policy is development of state strategy and adoption of state decisions related to the legislative process and operational management from the executive authorities. In this block, both legislative (parliament) and executive (government) institutions take an active part in the development of state policy. Depending on the relationship of power between them, two main models of developing state strategy and decision-making are distinguished: “active” and “representative”.
In the first case, legislative institutions formulate basic principles and constitutional norms, develop a strategy for national policy, while the practical implementation of strategic decisions and the operational management technology itself are assigned to the executive bodies. According to the second, representative model of management, which exists, for example, in a number of European countries, legislative and parliamentary bodies are limited to only formulating the most general guidelines and rules of the game, and the adoption of many important operational and strategic decisions is transferred to the structures of the executive branch.
The third node of the mechanism for implementing state policy includes the process of applying technological techniques and methods of operational management, determined by the need to implement strategic goals and decisions and focused primarily on practical management impact. This stage of the management cycle is most directly related to political regimes, reflecting the peculiarities of the institutional interaction of government bodies with ordinary citizens, as well as the very methods of political and legal management with a particular country (the relationship between coercion and persuasion, violence and law, etc.).
And finally, last block in the mechanism of public policy is responsible for ensuring control of the management process and self-correction of its regime. Conflict resolution, the work of the supervisory and arbitration system, which ensures the effect of “feedback”, is associated primarily with the judicial-constitutional process and the functioning of control and supervisory institutions (prosecutor’s office, ombudsman).
In connection with the analysis of the hierarchy of functional blocks for the formation and implementation of public policy, the question arises of subordination between the bearers of state powers themselves, coordination between subjects and objects of public administration. It has already been mentioned that the state is a system of sub-institutions, divided according to their powers and functions into “horizontal” (branches of power) and “vertical” (levels of power) rows. At one time, A. Bentley noted that the process of public administration is divided into group activity of people acting within the framework of three branches of government, that is, relatively speaking, into three “horizontal” subprocesses: legislative, administrative and judicial processes. This “horizontal” hierarchy of subjects of government, their functions and powers, becomes significantly more complicated in federal countries, where there are three or even more “vertical” levels of power and their corresponding bearers (see Table 2).
Table 2.
Subject levels of power and leadership functions in public administration
|
Functional phase |
Developing rules of the game and goals, making strategic decisions (legislative) |
Making and implementing operational-tactical decisions (executive) |
Conducting judicial supervision, arbitration and control (judicial control) |
|
Hierarchical level | |||
|
Central |
Parliament of the country |
Central government |
Supreme, constitutional, arbitration courts, prosecutor general's office, ombudsman |
|
Regional |
Provincial legislatures |
Regional government |
Provincial courts and prosecutors |
|
Local |
Municipal councils |
Administration of municipalities |
Local courts |
The object of state policy and management influence, that is, society, has a no less hierarchical structure. The structuring of civil society as a sphere of state influence is considered in the specialized literature for various reasons. Firstly, there is an approach according to which the spheres of public life, certain types of resources existing in society and the corresponding directions of state policy are identified as the object of state regulation: economic, social, cultural, environmental, educational, informational and others. Secondly, the basis for the classification of public administration objects can be the division into various socio-demographic, professional, qualification or ethnic groups of people. To change the social status of these groups, one or another management influence is directed, in accordance with which specific women's, youth or ethno-national policies are implemented, or, for example, income and employment policies in differentiated terms for individual socio-professional strata of the population. As an illustration, here we can cite the state’s implementation of social policy in conditions where the post-industrial restructuring of the economy requires a policy of state subsidies for retraining and keeping “afloat” workers of “old” ones, that is, specialties and professions that are going out of circulation.
Public policy, therefore, represents, firstly, a set of subordinate actions of many people, secondly, the interaction of management links and blocks of the institutional mechanism aimed at developing and implementing strategic goals and decisions and, thirdly, a certain management cycle, in which there is no strict sequence of functional phases, since they often run in parallel, and in this cycle there is no clearly distinguished beginning and end. “Any public policy is a complex phenomenon consisting of the actions of many elected, appointed or hired officials,” notes C. Lindblom in the book “The Policy Development Process.” At the same time, many individual citizens and their actions are also involved in public policy” 13 . Central link in the general mechanism of state policy is the phase of making strategic and operational-tactical decisions.
Public administration system Naumov Sergey Yurievich
6.1. Formation of public policy and its implementation
The implementation of the goals and objectives of any state is carried out through the development and implementation of public policy. Public policy is a set of goals, objectives, priorities, principles, strategic programs and planned activities that are developed and implemented by public authorities with the involvement of civil society institutions.
Government policy is designed to support sustainable development socio-economic system of the state, all its constituent elements, orient public authorities, economic entities and civil society institutions towards the implementation of strategic and current socially significant tasks.
Public policy is a set of economic, legal, administrative methods of influence on the part of public authorities to solve public problems, achieve and implement significant development goals of society or its individual spheres.
Public policy is a plan of action by public authorities to solve important public problems and includes the following elements:
1) determination of goals and priorities for the development of society;
2) development and planning of political strategy;
3) analysis and evaluation of alternative programs in accordance with benefits and costs;
4) discussion and consultation with various political and social groups;
5) choice and adoption of government decisions;
6) monitoring the progress of program implementation;
7) evaluation of program implementation results.
The main goals of public policy are related to the regulation of the actions of social groups, organizations and individuals by the state and include:
protection of the rights of citizens, state and society;
ensuring social and economic activity;
creating conditions for the provision of goods and services to meet the needs of the population.
Public policy is divided into areas depending on the nature of the content of the problems and issues that public authorities need to solve in a certain area of public life.
The following types of public policy are distinguished:
economic;
social;
environmental;
administrative;
demographic;
informational, etc.
Often public policy is also divided according to the levels of its implementation:
international and world politics;
national;
regional;
Depending on the nature of the relationship between policy subjects and the level of conflict between them, the following types of public policy are distinguished: distributive, redistributive, regulatory (competitive and protectionist), administrative-legal, strategic and anti-crisis.
Distribution policy is associated with the actions of government authorities to distribute relevant material goods and benefits among various groups of the population: social programs, educational services, healthcare, social benefits and subsidies, etc.
Redistributive policy means that certain resources are transferred from one population group or territory to another through taxes, tariffs, transfers, etc.
Regulatory (competitive and protectionist) policy includes the actions of government bodies to regulate various types of activities: economic regulation, protection of the consumer market, antitrust policy, ensuring competition in markets, customs policy, etc.
Administrative and legal policy is associated with legislative and rule-making activities, as well as the functioning and development of government authorities and management at all levels: federal, regional and local.
Strategic policy covers relationships with foreign states and international organizations, includes foreign and defense policy, security issues national security society and state.
Anti-crisis policy is carried out by the state in the event of emergency or crisis circumstances (natural disasters, man-made disasters, economic or political crises), which require special actions from government authorities to resolve crisis situations or eliminate the consequences of natural disasters.
The formation and implementation of public policy is a cycle consisting of several sequential actions and including four main stages.
1. Initiation of public policy. At this stage, problems are identified, as well as, in connection with this, the goals and objectives of public authorities are established.
2. Formation of public policy. At this stage, a strategy and plan for solving problems is developed, and a document on state policy is legislated.
3. Implementation of state policy. This stage is characterized by the implementation of measures to implement state policy and monitoring the implementation of state policy.
4. Evaluation of public policy. This stage consists of regulating public policy and assessing the results obtained.
Main directions of domestic and foreign policy Russian state determined by the President of the Russian Federation, who, in accordance with the Constitution of the Russian Federation and federal laws, addresses the Federal Assembly with annual messages on the situation in the country, on the main directions of the domestic and foreign policy of the state. The message formulates the main political goals and objectives of the state for the next year. If we are talking about the first message of the President of the Russian Federation after taking office, then the message defines the main directions of development of the state for the next four years. The Message of the President of the Russian Federation is based on concepts in various areas of the country's development, medium- and long-term forecasts, and strategies.
State policy, agreed on the basis of interaction between the President of the Russian Federation, Federal Assembly of the Russian Federation, the Government of the Russian Federation and other authorities, is embodied in federal laws, other regulatory legal acts, in international treaties of Russia and becomes the basis for planning activities and making decisions on its implementation.
Laws and other regulatory legal acts are developed and adopted in accordance with the established procedure. All branches of government, federal and regional government bodies participate in legislative activities. The right of legislative initiative is vested in the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, representative (legislative) authorities of the constituent entities of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Arbitration court RF, Supreme Court of the Russian Federation.
Policy formation is an important stage, since the success of implementation and the consequences of the policy depend on its quality. The development of public policy should begin with determining the main goals and priorities of the state in this area. Public policy should be: aimed at achieving specific and defined goals, objectives and results; aimed at meeting the needs of certain social groups; take into account internal and external resources and conditions, risks and threats, as well as measures to prevent and counter them; imply monitoring and control at all stages of the implementation of public policy.
Among the approaches to the formation of public policy we can highlight:
a forward-looking approach, when, based on the analysis of trends and forecasting the development of the situation, they try to plan and implement activities in advance, working ahead of the curve;
a reactive approach, in which they actively begin to act after the problem has become serious for society and the state;
a rational approach based on economic and mathematical methods and the principle of rationality.
Depending on how the subjects put forward goals and objectives, develop activities and programs, four main models for the development and implementation of public policy are distinguished.
1. Top-down model, when decisions are made at the highest levels of government, and then they are brought to lower levels and specific regional or local government bodies, which play a passive role and act as simple executors of state policy.
2. “Bottom-up” model, in which policy formation begins from the lower structures of government, regional and local authorities are actively involved, participating in the development and implementation of various programs and projects, setting goals and objectives. Based on their proposals, taking into account their opinions and interests, a holistic state policy in a specific area of life is then developed.
3. A democratic model, in which there are mechanisms for involving citizens and public organizations in the development of public policy while maintaining centralized control. Various civil initiatives are encouraged, the state promptly responds to the opinion of the population, shows sensitivity, and creates conditions for enhancing the activities of civil society.
4. A mixed model, which combines the above approaches, when there are mechanisms for involving citizens and the government apparatus in the development of public policy.
There are various theoretical approaches to the study of public policy, allowing for a general analysis of public policy from different positions and points of view. They all give a certain system coordinates, which is needed as starting point for any scientific study of government policy-making activities in a specific public sphere. Basic theoretical concepts and approaches to study public policy represented by the following schools.
1. Institutionalism views public policy as the result of the activities of state institutions (government, parliament, ministries, judiciary, etc.) using certain administrative procedures.
2. The concept of the political process represents public policy as an outcome political activity or a policy cycle that has fixed steps and stages (problem identification, goal setting, policy formation, legitimization, implementation, evaluation and monitoring) for solving public problems.
3. Group theory views public policy as the result of group struggle, constant conflict between various groups in society and government, which have their own values, interests, resources, and at the same time as a search for consensus on specific policy issues.
4. Elite theory views public policy as the result of the preferences and choices of political and administrative elites.
5. The theory of rationalism considers public policy as the result of the state’s activities to achieve optimal social goals based on the developed scientific technologies management.
6. The theory of incrementalism represents public policy as a consistent and gradual activity of the state bureaucracy to slowly change the existing state of affairs.
7. Game theory views public policy as the result of rational choices in a struggle between the two most powerful parties in a society or government.
8. The theory of public choice evaluates public policy as the result of the activities of individuals based on awareness of their own interests and making appropriate decisions that should bring them certain benefits.
9. Open systems theory evaluates public policy as the result of a response administrative system to the demands and needs of relevant structures and environmental factors. The implementation of state policy is expressed in the implementation of specific measures to achieve set goals through the efforts of all sectors of society, all branches of government and levels of government, as well as non-governmental organizations interested in its relevant directions.
The implementation of public policy is a complex dynamic process of achieving set goals, in which government bodies and civil society institutions take part. To implement state policy, authorities develop programs, organize the activities of the entities involved in the implementation, and mobilize existing and potential resources.
The mechanism for implementing state policy represents methods and resources that ensure the implementation of planned activities in accordance with the assigned tasks. The implementation mechanism includes regulatory, organizational, financial and economic means and methods of influencing the managed object.
The success and effectiveness of the implementation of state policy depend on the quality of the elaboration of the policy, the precise definition of the boundaries and main organizational and financial elements of state policy, the provision of executive authorities with the necessary resources and qualified personnel, the degree of support and understanding of the essence of state policy among various social groups and public associations.
The implementation of state policy is primarily entrusted to the executive authorities. In accordance with federal legislation, responsibility for implementing state policy in a certain area of activity rests primarily with ministries. IN organizational structure Ministries include departments, administrations, divisions that determine the topics of the decisions made, develop their projects, implement the decisions made, monitoring the implementation of state policy.
In certain areas of state policy, special bodies are created to coordinate the efforts of ministries and departments to implement decisions made(council for the implementation of national projects, etc.). Public organizations also play a direct and important role in organizing public policy, since very often they themselves are interested in the implementation of certain public policies.
One of the main elements of public policy is its evaluation. Public policy evaluation is a set of mechanisms and methods for studying and measuring the actual results of public policies and completed or ongoing programs. Without systematically obtaining information and ensuring control over the results and consequences of decisions and policies as a whole, the effectiveness of all public policies and the development of future state development strategies is reduced.
The main purpose of public policy evaluation is to collect and analyze information in order to determine the results obtained and the consequences of the policy, as well as the subsequent improvement of public policy.
In the implementation of public policy in modern conditions, a huge role is given to information support. Providing bodies and officials with the information necessary for decision-making, as well as providing the population with information on the progress of implementation of foreign and domestic policies, government programs and projects is represented the most important element successful implementation of government policy. One of the areas of administrative reform is the transition of government bodies to the provision of public services electronically using the all-Russian state information center and the widespread use of information and communication technologies.
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