ADMINISTRATIVE REGULATIONS OF STATE FUNCTIONS AT THE PRESENT STAGE: DYNAMICS OF CHANGES IN THE APPROACH TO THE CONCEPT AND VARIETIES AT THE LEGAL REGULATORY

R. Zelepukin
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Abstract

In this article the author analyses the development of administrative regulations in the system of modern public administration. The state of administrative regulations and their institutionalisation as a result of the administrative reform is noted. It has been identified and found that there has now been a change in the approach to the delineation of the administrative regulations of the executive authorities - before 2018, administrative regulations were divided into service regulations and function regulations, where service regulations are related to requests by private persons to the state represented by its bodies and officials - and function regulations are related to the implementation of continuous activities to perform assigned powers and exercise the established competence, after 2018, administrative regulations are divided into service regulations and control (supervision) regulations. According to the author, the established approach has allowed the above varieties of regulations to be merged into such a group of types of administrative regulations as administrative regulations for the implementation of state functions. Also the author concludes that it is necessary to adopt a special legislative act systemising the functions of the executive authorities and the administrative procedures they carry out in a single logical connection.
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现阶段国家行政法规的职能:在方式观念上的动态变化和在法律规制上的多样性
本文分析了行政法规在现代公共行政体系中的发展。注意到行政改革导致的行政法规及其制度化状况。经鉴定发现,目前行政机关行政法规的划定方式发生了变化——2018年以前,行政法规分为服务法规和职能法规;事业性法规涉及以国家机关和官员为代表的个人对国家的请求,职能法规涉及履行赋予的权力和行使既定权限的持续活动的实施,2018年以后,行政法规分为事业性法规和控制(监督)法规。笔者认为,这种既定的做法使得上述各种各样的法规可以合并为一组行政法规,作为执行国家职能的行政法规。作者还认为,有必要通过一项专门的立法法案,将行政机关的职能及其执行的行政程序系统化,形成一个单一的逻辑联系。
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