Administrative and legal regulation in the socio-cultural sphere of management. Organization of public administration in the cultural sphere Issues of management in the socio-cultural sphere
management social cultural society
The concept of the socio-cultural sphere
The socio-cultural sphere is understood as a system of diverse relations between people taking part in socio-spiritual life, a wide range of social (national, interethnic, religious, creative, etc.) relations in which the interests of people are satisfied and their problems in the field are solved education, science, culture and art, healthcare, social security, leisure, creative activity, etc.
The socio-cultural sphere is a set of enterprises, organizations and institutions engaged in the production, distribution, preservation and organization of consumption of goods and services for socio-cultural purposes, thereby ensuring the satisfaction of the cultural needs of the population.
To understand the specifics of managing the socio-cultural sphere, it is important to take into account the existing set of mechanisms through which cultural factors are associated with various systems of social reality. Within the framework of the object of management of the socio-cultural sphere, the characteristic of the dual nature of its potential, which is presented in the form of two interacting components: socio-economic and cultural-artistic, acquires special importance.
The first - socio-economic potential - includes the means of implementing socio-cultural policy: the material component (network of institutions, their equipment and equipment, logistics), human resources and their support system, finance and administrative and management bodies. Economic potential is also characterized by the presence of a consumer market and competition, the solvency and demands of the population, and the availability of free time.
The cultural and artistic potential of a society represents its accumulated wealth of cultural values that determine the spiritual development of the population, which can be represented both by materialized objects (paintings, historical and cultural monuments, books, antiques, etc.), and cultural traditions, oral folklore creativity, moral and aesthetic attitudes of people. It should be noted that the condition for the formation of cultural and artistic potential is economic potential.
There are different control limits for each of them. The interpenetration of these two systems, as well as the presence of control and conditionality relations between them, form the basis for a system of actions that activate management decisions.
Features of state management of the socio-cultural sphere in the Russian Federation
According to Art. 7 of the Constitution of the Russian Federation, Russia is a social state whose policy is aimed at creating conditions that ensure a decent life and the free development of people. The state protects people's labor and health, provides support for disabled and elderly citizens, and develops a system of social services that provide medical, educational, cultural and other services to the population.
State management of the socio-cultural sphere is a mechanism for implementing the goals of social and cultural policy, based on legally established imperatives that determine the real standard of living, social well-being, employment of the population, and their social support. Social policy of the state is the purposeful activity of government bodies to manage the socio-cultural sphere of society, aimed at increasingly satisfying its needs, improving the well-being of the population and observing the fundamental principles of social justice. It is based on the principles of: goal setting; reducing the discrepancy between the set and actual value of the controlled parameter (negative feedback); continuous circulation of current information about the state of the control object, as well as control information from the control subject and closed control loop.
Characteristic features of the organization of SCS management:
The focus of management on the implementation of the constitutional rights of citizens;
Decentralization for more effective management (strategic - at the federal level, tactical - at the level of constituent entities of the Russian Federation and direct provision of services to citizens at the local level);
Democratization of management through the involvement of all socio-cultural subjects in it.
Thus, management in the socio-cultural sphere is based on the constitutional principle of the priority of human rights and legitimate interests.
Public administration in this area of public life is aimed at establishing a lifestyle of citizens that contributes to the full development of the individual, at maintaining socially useful activity and motivation of the population at the proper level, at creating equal conditions for meeting the interests and needs of different groups of the population, and specifically each person, on the formation of a morally and psychologically stable, socially capable and responsible personality as the basis of a healthy and prosperous society.
The main functions of state management of the socio-cultural sphere include:
Creating favorable conditions for the reproduction of the country’s population, maintaining the health and working capacity of the population;
Organization of professional training for the national economy;
Strengthening the family and caring for the younger generation;
Preservation and enhancement of cultural heritage;
Organization of recreation and leisure for the population;
Creating favorable conditions for science, tourism, sports, etc.
A significant place in the management of the social sphere belongs to the Government of the Russian Federation, which, according to Art. 16-17 Federal Law “On the Government of the Russian Federation”, in the field of science, culture, education:
Ensures the implementation of a unified state social policy, the implementation of the constitutional rights of citizens in the field of social security, promotes the development of social security and charity;
Takes measures to implement the labor rights of citizens, develops programs to reduce and eliminate unemployment and ensures the implementation of these programs;
Ensures the implementation of a unified state migration policy, takes measures to realize the rights of citizens to health protection, to ensure sanitary and epidemiological well-being;
Helps solve problems of family, motherhood, fatherhood and childhood;
Takes measures to implement youth policy;
Develops and implements measures for the development of physical culture, sports and tourism, as well as the sanatorium and resort sector;
Ensures the implementation of a unified state policy in the field of education and science, determines the main directions for the development of general and vocational education, the development of a free education system, develops and implements measures of state support for the development of science;
Provides state support for culture and preservation of cultural heritage.
Each direction in the socio-cultural sphere is subordinate to specific government structures and ministries, which in turn organize and control work in their field. Currently, public administration in the socio-cultural sphere is carried out by the following ministries:
Ministry of Health of the Russian Federation;
Ministry of Labor and Social Protection of the Russian Federation;
Ministry of Education and Science of the Russian Federation;
Ministry of Culture of the Russian Federation.
Each of them has federal services and agencies under its jurisdiction.
Thus, the management of labor protection and social security of those population groups that need protection from the state is carried out by Ministry of Labor and Social Protection of the Russian Federation, which, in accordance with the Decree of the Government of the Russian Federation dated June 19, 2012 No. 610, carries out the functions of developing and implementing state policy and legal regulation in the field of demography, labor, standard of living and income, wages, pensions, including non-state pensions, social insurance, labor conditions and safety, social partnership and labor relations, employment and unemployment, labor migration, alternative civil service, state civil service (except for issues of remuneration), social protection and social services of the population, including social protection of families and women and children, guardianship and trusteeship of adult incapacitated or partially incompetent citizens, provision of prosthetic and orthopedic care, rehabilitation of the disabled and medical and social examination, as well as management of state property and provision of public services in the established field of activity.
The Ministry also coordinates and controls the activities of the Federal Service for Labor and Employment, subordinate federal government agencies, incl. medical and social examination, unitary enterprises, as well as coordination of the activities of the Pension Fund of the Russian Federation and the Social Insurance Fund of the Russian Federation.
One of the mechanisms for harmonizing relations and combining public interests is social protection - a set of measures carried out by the state in various fields of activity, ensuring access for every member of society to the minimum necessary set of social benefits that help overcome social inequality and support the most vulnerable segments of the population, families, and citizens.
In their activities, government agencies in the field of social protection are guided by laws that establish state standards for serving the population in need of social support. To support socially vulnerable groups of the population - the elderly, the disabled, the unemployed - funds are allocated through social extra-budgetary funds: social insurance fund, health insurance fund, pension fund, employment fund. Funds are allocated as a priority for the implementation of federal programs: social support for people with disabilities, development of social services for families and children, etc.
The Constitution of the Russian Federation guarantees every citizen the right to health care and medical care, social security in the event of loss of health. The government body in the field of protecting the health of citizens is Ministry of Health of the Russian Federation.
Protecting the health of citizens is a set of economic, legal, medical, anti-epidemic and sanitary-hygienic measures aimed at preserving and strengthening human health and maintaining a long active life. In accordance with the Decree of the Government of the Russian Federation dated June 19, 2012 No. 608, the Ministry of Health of the Russian Federation carries out the functions of developing and implementing state policy and legal regulation in the field of healthcare, compulsory health insurance, circulation of medicines for medical use, including issues of organizing disease prevention, including including infectious diseases and AIDS, medical care, medical rehabilitation and medical examinations (with the exception of medical and social examination and military medical examination), pharmaceutical activities, including ensuring the quality, effectiveness and safety of medicines for medical use, circulation of medical devices, sanitary epidemiological well-being of the population, medical and sanitary support for workers in certain sectors of the economy with particularly hazardous working conditions, medical and biological assessment of the impact on the human body of particularly dangerous factors of physical and chemical nature, resort business, as well as the management of state property and the provision of public services in healthcare sector, including the provision of medical care, the introduction of modern medical technologies, new methods of prevention, diagnosis, treatment and rehabilitation, conducting forensic medical and forensic psychiatric examinations, organizing secondary, higher, postgraduate and additional medical and pharmaceutical education and providing services in the field of resort business.
The Ministry of Health of the Russian Federation also coordinates and controls the activities of the Federal Service for Surveillance in Healthcare, the Federal Medical and Biological Agency, federal government agencies and federal state unitary enterprises, as well as coordination of the activities of the Federal Compulsory Health Insurance Fund.
Medical care in state and municipal healthcare institutions, according to the Constitution of the Russian Federation, is provided free of charge at the expense of budget funds, insurance premiums and other revenues.
The Constitution of the Russian Federation also proclaims the right of every citizen to education, and the state guarantees universal access and free preschool, basic general and secondary vocational education in state and municipal educational institutions. However, general education is compulsory. The right to receive free higher education is exercised on a competitive basis in state or municipal educational institutions and enterprises. The Constitution of the Russian Federation proclaims the establishment of federal state educational standards and support for various forms of education and self-education, incl. in non-state educational institutions. The implementation of the constitutional right to education is provided for by the legal act - Federal Law “On Education” dated December 29, 2012 No. 273-FZ.
State administration in the field of education is carried out by Ministry of Education and Science of the Russian Federation(Ministry of Education and Science of Russia), which, in accordance with the Resolution, carries out the functions of developing and implementing state policy and legal regulation in the field of education, scientific, scientific and technical activities and innovative activities in the scientific and technical sphere, nanotechnology, development of federal centers science and high technologies, state research centers and science cities, intellectual property, as well as in the field of education, guardianship and trusteeship of minor citizens, social support and social protection of students and pupils of educational institutions, as well as in the provision of public services in the field of education and upbringing , scientific, scientific, technical and innovative activities, including the activities of science and high technology centers, state scientific centers, unique scientific stands, installations, centers for collective use, leading scientific schools, a new generation national research computer network and information support for scientific, scientific and technical and innovation activities.
Goals of the Russian Ministry of Education and Science:
1. Ensuring the availability of quality education for all segments of the population as the basis for social mobility and reducing socio-economic differentiation in society.
2. Ensuring current and future needs of the economy and social sphere for professional personnel with the necessary qualifications, creating conditions for the development of lifelong education.
3. Creating conditions for the active inclusion of children studying in educational institutions in the economic, socio-political and cultural life of society.
4. Creating conditions for the development and effective use of scientific and technical potential.
5. Creating conditions for enhancing innovation activities.
General issues of education management are the joint responsibility of the Russian Federation and its constituent entities. Education is carried out in institutions of various types: preschool; general education; primary, secondary and higher professional; other institutions carrying out the educational process. The activities of educational institutions are regulated by standard regulations and charters developed on their basis, as well as regulations on licensing, accreditation and certification.
The Constitution of the Russian Federation provides every citizen with the right to participate in cultural life, use cultural institutions and access to cultural values; guarantees freedom of literary, artistic and other types of creativity and teaching; provides protection by law of intellectual property.
State administration in the field of culture is carried out by Ministry of Culture of the Russian Federation, which develops state policy and legal regulation in this area. The priority areas of public administration in the field of culture are determined by the “Fundamentals of the legislation of the Russian Federation on culture”. The main goals include: providing all citizens without exception with opportunities for creative development and access to cultural values, creating conditions for the preservation and development of the culture of all peoples living in the Russian Federation, developing the creative potential of Russian society and protecting historical and cultural heritage.
State management of culture is carried out on the basis of interaction between state authorities of the Russian Federation, authorities of constituent entities of the Russian Federation and local governments. Executive bodies of the constituent entities of the Russian Federation participate in the implementation of federal and regional programs, taking into account local and national characteristics; promote the development of culture in municipalities; form territorial bodies of state regulation in the field of culture; create cultural organizations of appropriate subordination, etc.
In addition, the Ministry of Culture interacts with interested federal executive authorities, creative unions, other public organizations, cultural figures, both independently and through cultural management bodies created in the constituent entities of the Russian Federation, under whose direct jurisdiction the majority of cultural objects are located.
Thus, the socio-cultural sphere is considered as a subsystem of society that performs the function of reproducing social subjects by including them in the purposeful process of socio-cultural activity.
This is a complex of sectors of the country's national economy, a sector of the real economy that produces goods and services intended for the livelihood of the population as a people with its own culture, labor, family, household and leisure activities, the social purpose of which predetermines the social predetermined profile of its industries.
This area includes: education, culture, health care, physical education and sports, social work, etc. Each of the industries is structurally formed from lower levels (enterprises, institutions, organizations, etc.), the resources of which are organized in accordance with social - a given industry profile, and in total they represent an integral system of resources in the socio-cultural sphere.
Management is understood as a system of activities that ensures the successful functioning of a variety of social institutions - organizations designed to carry out some socially significant activities.
Activities in the socio-cultural sphere are carried out by organizations, institutions, enterprises of various departmental affiliations (state, municipal, private, public organizations) and forms of ownership, as well as by private individuals. Further, a company is any institution in the socio-cultural sphere.
Management in the socio-cultural sphere is of particular interest to us.
Firstly, because its technological content reveals all the wealth of management in general - as already mentioned, a wide variety of companies operate in the cultural sphere.
Secondly, the prospects of such consideration are important for understanding the possibilities of cooperation with the cultural sphere of other areas of business activity. The main feature of management in the socio-cultural sphere is that money in this area is earned primarily not on the basis of simple commerce, but on the basis of attracting funds from interested donors: sponsorship, patronage, charity.
Thirdly, another circumstance is even more obvious - the increasing requirements for the competence of specialists and workers in the socio-cultural sphere.
Typically, the specifics of management in the field of culture are associated with the characteristics of “spiritual production”. The “products” of such activity are not so much of a material nature, but are associated with the phenomena of consciousness (perception, understanding, etc.), and are not amenable to direct direct counting or storage.
Their production often coincides with their consumption (watching a play, a movie, listening to a concert, reading a book, etc. A book that is not read, a picture that is not watched, etc., are not artistic values).
Moreover, unlike products of material production that are destroyed in the process of consumption (boots wear out, apples are eaten), cultural values increase their value in the process of consumption (the more people read a book, saw a picture, heard a concert, etc., the more their social significance is higher).
However, cultural services can now and should be understood not only as services directly to visitors, but also to donors who are ready to allocate funds and support these activities. The sphere of culture is a sphere of predominantly non-commercial activity. The main feature of management in the field of culture is that money in this area appears primarily not on the basis of commerce, but on the basis of raising funds, involving the interests of a variety of forces and authorities: authorities in charge of budgetary funds, sponsors, charitable organizations and other income . Non-profit activity does not mean "unattractive" for business. Around the world, the non-profit sector is one of the most rapidly developing sectors of the economy.
Moreover, non-commercial activities are more general in nature; they may include commercial activities as part of them. For example, a museum can engage in entrepreneurial activities, open a souvenir production, a printing house, repair shops, etc.
The cultural and educational function is one of the most important internal functions of the state.
Its implementation includes the creation and maintenance of favorable conditions and opportunities for each citizen to receive an education that meets the standards accepted in the state.
The importance of this function is determined by the fact that currently, without education, active participation of citizens in public life, in production, and in all spheres of government activity is unthinkable.
Education is a purposeful process of upbringing and training in the interests of the individual, society, and state.
Receiving an education means the achievement and confirmation by students of a certain educational level (educational qualification), which is certified by the appropriate document.
The right to education is one of the fundamental and inalienable constitutional rights of citizens of the Russian Federation.
In accordance with the Constitution of the Russian Federation and current legislation, the following types of education are guaranteed as publicly available and free of charge: preschool, primary general, basic general, secondary (complete) general and primary vocational, and on a competitive basis - secondary vocational, higher vocational and postgraduate vocational education in state and municipal educational institutions, if the citizen receives education at this level for the first time. Basic general education is compulsory.
Educational management is the executive and administrative activities of competent authorities aimed at the direct implementation of state policy in the field of education.
The legal basis for management in the field of education is the Constitution of the Russian Federation, the Law of the Russian Federation of July 10, 1992 “On Education” (as amended by the Federal Law of January 13, 1996), the Federal Law of the Russian Federation of August 22, 1996 “On higher and postgraduate professional education", other laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of education, regulations on education management bodies, charters of educational institutions and other local acts meanings. Education in the Russian Federation is also carried out in accordance with the norms of international law.
General issues of education are assigned by the Constitution of the Russian Federation to the joint jurisdiction of the Russian Federation and its constituent entities. Local government bodies are also vested with certain competence in this area.
In accordance with this, a system of educational authorities is being built, which includes:
1. State bodies, which in turn are divided
on the:
a) federal education authorities;
b) departmental education management bodies of the Russian Federation and its constituent entities;
c) educational authorities of the constituent entities of the Russian Federation.
2. Municipal authorities.
State education management bodies are created by a decision of the relevant executive body in agreement with the relevant legislative (representative) body of state power. Municipal education authorities may be created by decision of the relevant local government bodies.
The main task of all education authorities is to ensure the Federal Education Development Program, state educational standards and the functioning of the education system at the level of state standards.
The Ministry of General and Professional Education of the Russian Federation is a federal executive body specially created to manage education nationwide. As its main task, it is intended to ensure the implementation of state policy in this area.
The main tasks and functions of this ministry are: formation of a strategy for all types of education, determination of its content; development and control of the implementation of components of state educational standards in the field of education, assistance in the development of national and regional components of state standards; harmonization of regulations of ministries and departments in the field of education; training of specialists in pedagogical secondary, higher and postgraduate education in relevant educational institutions; development of lists of professions, areas and specialties for which vocational education and training is carried out; creation of a unified assessment system and state assessment of the quality of the educational process in educational institutions; establishing the procedure for licensing, certification and accreditation of educational institutions; development of the material, technical and experimental production base of the educational process and scientific research; organization and development of international cooperation in the field of education, etc.
Educational management bodies of the constituent entities of the Russian Federation are very numerous and differ significantly in their status and organizational forms of management. In the republics that are part of the Russian Federation, these are ministries or committees, in other subjects - departments, main directorates, directorates or departments of education.
A characteristic feature of the legal status of these bodies is that in the respective territory they are the only specialized bodies that comprehensively implement state policy in the field of education.
Municipal education authorities implement state policy in this area in the territories where local self-government is exercised. The competence of these bodies is derived from the competence of self-government bodies in the field of education.
In accordance with current legislation, the exclusive competence of local government bodies in the field of education includes:
planning, organization, regulation and control of the activities of local (municipal) educational authorities, educational institutions;
formation of local budgets in terms of expenditures on education and corresponding funds for the development of education;
providing citizens living in the relevant territories with the opportunity to choose a general education institution;
creation, reorganization and liquidation of municipal educational institutions;
creation and liquidation of municipal educational authorities and self-governing school districts, determination of their structure and powers;
appointment and dismissal, in agreement with state education authorities, of heads of local education authorities;
appointment of heads of municipal educational institutions (unless otherwise provided by standard regulations on educational institutions of the relevant types and types or by a decision of a local government body);
use of state and municipal educational institutions, cultural and sports facilities in the interests of education:
establishment of additional taxes and benefits to stimulate the development of education, etc.
Educational activities are carried out in educational institutions, which, in accordance with the Education Law, are institutions that carry out the educational process, i.e. implementing one or several educational programs and (or) providing the maintenance and upbringing of students and pupils.
Educational institutions are legal entities.
According to their organizational and legal forms, they can be state, municipal and non-state (private, institutions of public and religious organizations, associations).
The legislation of the Russian Federation in the field of education applies to all educational institutions on the territory of the Russian Federation, regardless of their organizational and legal forms and subordination.
The Law on Education provides for the following types of educational institutions: preschool; general education (primary general, basic general, secondary (complete) general education); primary vocational, secondary vocational, higher vocational and postgraduate vocational education; additional adult education; special (correctional) for students and pupils with developmental disabilities; additional education; for orphans and children left without parental care (legal representatives); additional education for children.
According to the listed types, the types of educational institutions are distinguished:
general education - primary, basic, secondary schools, including those with in-depth study of subjects, lyceums and gymnasiums;
primary vocational education - vocational schools; professional lyceums - centers of continuous professional education; training centers (points); training and production centers, technical schools, evening (shift) and other educational institutions of this level;
secondary specialized education - technical colleges (colleges, schools); colleges; technical schools-enterprises (institutions);
higher professional education - universities, academies, institutes, colleges.
The administrative and legal status of state and municipal educational institutions is determined by the standard regulations on educational institutions of the relevant types and types, approved by the Government of the Russian Federation, and the charters of these educational institutions developed on their basis.
A special role in this regard belongs to such important elements of the education system as state educational standards and successive educational programs of various levels and orientations.
State educational standards include federal and national-regional components.
The federal components of state educational standards determine: a) the mandatory minimum content of basic compulsory programs; b) the maximum volume of students’ teaching load; c) requirements for the level of training of graduates. Federal components of state educational standards can be supplemented by national and regional ones.
Educational standards are established by authorized executive authorities in relation to the types of educational institutions and are mandatory for institutions carrying out educational activities in the relevant field (specialty).
They serve as the basis for an objective assessment of the level of education and qualifications of graduates, regardless of the form of education.
Educational programs implemented in the Russian Federation determine the content of education at a certain level and focus.
They are divided into general educational and professional, each of which in turn is divided into basic and additional.
An important role in the implementation of a unified state policy is played by licensing, accreditation and certification of educational institutions.
Licensing is the issuance of a document (license) confirming the right to carry out educational activities.
The license is issued by the state educational authority or, on its instructions, by the local government at the location of the educational institution based on the conclusion of an expert commission. It can be issued only if the conditions for the implementation of the educational process (the state of the material and technical base, compliance with sanitary and hygienic standards, staffing with the necessary personnel, etc.) meet the requirements for educational institutions and established state and local requirements. The license specifies the relevant control standards, the maximum number of students or pupils, as well as its validity period.
Accreditation is a procedure for recognizing the state statute (type and type) of an educational institution, carried out on the basis of a survey of its characteristics in accordance with the classification criteria established by the relevant standard regulations on educational institutions.
State accreditation is carried out by authorized education authorities (with the participation of interested ministries and departments) on the basis of an application from an educational institution and a conclusion on its certification.
Based on its positive results, a certificate of state accreditation is issued, confirming the right and ability of this educational institution to carry out its activities at an officially recognized level.
From the moment of receiving such a certificate, an educational institution acquires a number of rights, including the issuance of a state-issued education document to its graduates, the use of a seal depicting the state emblem of the Russian Federation, and inclusion in the centralized state funding scheme.
Certification makes it possible to establish compliance of the content, level and quality of training of graduates of educational institutions with the requirements of state educational standards.
The condition for certification of an educational institution is the positive results of the final certification of at least half of its graduates over the last three years.
Certification of an educational institution is usually carried out once every five years by the state certification service or other bodies on its behalf. A special procedure is provided for the certification of certain types of educational institutions: preschool; special (correctional) for students and pupils with developmental disabilities; orphans and children left without parental care (legal representatives).
The importance of certification also lies in the fact that based on the results, an educational institution may be deprived of state accreditation.
Management of state and municipal educational institutions is carried out in accordance with the legislation of the Russian Federation and the charter of the educational institution.
Thus, the Model Regulations on a State Higher Educational Institution establishes that the general management of a higher educational institution is carried out by an academic council headed by the rector.
Early elections of the academic council are held at the request of at least half of its members, as well as in cases provided for by the university charter.
The procedure for selecting the first composition of the academic council is determined by the general meeting (conference) of teachers, researchers and representatives of other categories of workers and students.
Representatives of all categories of employees and students of universities and public organizations can be elected to the academic council.
Direct management of the activities of a state university is carried out by the rector, who holds this position in the manner determined by the charter of the university in accordance with the Law on Education.
The rector, within the limits of his authority, issues orders and regulations that are binding on all employees and students of the university.
The scale of a university’s activities determines its structure, the main elements of which are faculties, departments, other divisions and services (academic department, secretariat, personnel department, etc.). Depending on the structure of the university and in accordance with the charter, academic councils can also be created in its individual divisions (faculties, departments, etc.).
The activities of the faculty are led by the dean of the faculty, who is elected by the academic council of the university from among persons who have an academic degree or title, in the manner determined by the charter of the university.
The department is the main unit of the university, directly carrying out educational, educational, methodological and research work. It is headed by the head of the department.
Departments play a leading role in conducting educational work with students.
Science as an element of social consciousness and a specific type of creative social activity, cognizing the diversity of the surrounding reality, generates not only new concepts and ideas, but also forms the theoretical and methodological basis for the transformation of social practice.
The increasing complexity of the problems of social development, the increasing interconnections and interdependence of social phenomena have caused fundamental changes in the nature of cognitive activity: the processes of differentiation and integration of sciences, the rapprochement of natural and technical sciences with the humanities, and, as a result, the interpenetration and complementarity of various branches of scientific knowledge have developed It became possible to solve problems comprehensively and obtain qualitatively new results.
According to paragraph "e" of Art. 72 of the Constitution of the Russian Federation, general issues of science are under the joint jurisdiction of the Russian Federation and its constituent entities, but the Federation pursues a unified state policy in the field of scientific and technical progress, the practical use of scientific and technological achievements, and manages state scientific institutions of federal significance.
The Federal Assembly - the parliament of the Russian Federation (Article 94 of the Constitution of the Russian Federation) determines the economic basis of a unified state policy in the field of development of science and without fail considers legislative acts relating to the federal budget, federal taxes, financial regulation (Article 106 of the Constitution of the Russian Federation).
The direct implementation of a unified state policy in the field of science in the Russian Federation is ensured by the Government of the Russian Federation (clause “c” of Article 114 of the Constitution of the Russian Federation), which, as a body of general competence, implements the relevant articles of the federal budget, controls the implementation of state programs to support science, and coordinates the work sectoral federal executive bodies in the field of science, approves the Regulations on these bodies, determines their responsibilities and rights.
Intersectoral science management bodies in their activities are guided by the Constitution of the Russian Federation, the Law of the Russian Federation "On Education" as amended by the Federal Law of the Russian Federation "On Amendments and Additions to the Law of the Russian Federation "On Education" dated January 13, 1996 No. 12-FZ. Federal laws "On higher and postgraduate professional education" dated August 22, 1996 No. 124-FZ, "On science and state scientific and technical policy" dated August 23, 1996 No. 127-FZ and others for -legislative acts of the Russian Federation, decrees and resolutions of the President of the Russian Federation, as well as the Regulations on science management bodies approved by the Government of the Russian Federation.
Intersectoral management of science is entrusted to the State Committee of the Russian Federation on Science and Technology, which, as a federal executive body, ensures the formation and practical implementation of state scientific and technical policy, the implementation of measures to preserve and develop the scientific and technical potential of Russia.
The main tasks of the State Committee of the Russian Federation for Science and Technology are:
analysis of the development of science and technology;
organization of scientific and technical forecasting, selection and assessment of priority areas for the development of science and technology. development and application of organizational and economic mechanisms for the implementation of selected priorities;
development of state scientific and technical programs and projects, methodological guidance in the preparation of regional and intersectoral scientific and technical programs, as well as proposals for legal support for the development of science and technology, state policy in the field of scientific and innovation activities, social protection of scientists:
formation of an information structure in the field of science and technology, ensuring the collection, systematization, processing of scientific and technical information and its transfer to interested institutions, organizations and specialists throughout the Russian Federation.
In accordance with the Constitution of the Russian Federation (Articles 7, 39, 41), the state protects the labor and health of people; provides support for family, motherhood, paternity and childhood of disabled people and elderly citizens; develops a system of social services, establishes state pensions, benefits and other guarantees of social protection; encourages activities that promote human health, the development of physical culture and sports, environmental and sanitary-epidemiological well-being.
Health care, physical culture and sports, tourism and social protection of citizens are the most important branches of public administration in the socio-cultural sphere.
Protecting people's health (in a broad, general social sense) is a set of political, economic, legal, social, scientific, medical, sanitary, hygienic and anti-epidemic measures aimed at preserving and strengthening the physical and mental health of each person, maintaining his long active life , providing him with medical care in case of loss of health.
At the same time, the state guarantees the health protection of every citizen in accordance with domestic legislation, generally recognized principles and norms of international law and international treaties of the Russian Federation.
Protecting the health of citizens in the narrow sense consists of taking medical measures to prevent diseases, providing medical care, maintaining an optimal state of public hygiene and sanitation.
The implementation of these measures is carried out by an independent system of specialized institutions and bodies, for which protecting the health of citizens is their main purpose and main activity.
Management of the activities of these institutions and bodies forms an independent branch of public administration in the socio-cultural sphere - healthcare.
Coordination of health care issues is the joint responsibility of the Russian Federation and its constituent entities. The detailed distribution of competence on these issues between the Russian Federation, its constituent entities and local governments is carried out in accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens.
Social protection of citizens is one of the most important functions of the state.
That is why the Constitution of the Russian Federation (Article 7) proclaims the Russian Federation a social state, the policy of which is aimed at creating conditions that ensure a decent life and free development of people. The activities of the state in the practical implementation of this policy take place within the framework of an independent branch of management of the socio-cultural sphere, called “social protection of citizens”.
The main forms and at the same time constitutional guarantees of social protection of citizens are: labor protection and health of people; guaranteed minimum wage; state support for family, motherhood, paternity and childhood, disabled people and elderly citizens; development and functioning of the social service system; establishment and payment of state pensions and various social benefits.
These forms, as well as the activities of the state to implement them, constitute the content of the management of social protection of citizens.
General management of the considered sectors of the socio-cultural sphere is carried out by the President and the Government of the Russian Federation.
Thus, the President of the Russian Federation, determining in accordance with the Constitution of the Russian Federation the main directions of the internal policy of the state, issues relevant decrees that regulate public relations in the field of healthcare, physical culture and sports, tourism and social protection of citizens. The Government of the Russian Federation ensures the implementation of a unified state policy in the socio-cultural sphere; develops and approves federal programs for the development of healthcare, physical culture, sports, tourism and social security; takes measures for their practical implementation; carries out legal regulation of related issues and much more.
The Constitution of the Russian Federation and the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens establish a complex and heterogeneous, from an organizational and legal point of view, health care system, in which, in turn, state, municipal and private health care systems (or rather, subsystems) are distinguished as independent elements.
The state healthcare system covers the healthcare authorities of the Russian Federation and its constituent entities, as well as state-owned medical and preventive institutions, pharmaceutical enterprises, pharmacies and other institutions carrying out relevant activities in the industry in question.
The municipal health care system consists of municipal health authorities and municipally owned institutions and enterprises, generally similar to those included in the state health care system.
The private healthcare system includes medical treatment and prevention and pharmacy institutions, the property of which is privately owned, as well as persons engaged in private medical and pharmaceutical activities.
Direct state management of healthcare is entrusted to a system of specialized executive authorities, which is formed by: the Ministry of Health of the Russian Federation; relevant ministries of the republics that are part of the Russian Federation; healthcare management bodies of other subjects of the Federation - departments, committees, main directorates, directorates, divisions, etc.
The Ministry of Health of the Russian Federation (Ministry of Health of Russia) is a federal executive body designed to ensure the implementation of state policy in the field of health care on a national scale.
The main tasks of the Russian Ministry of Health are: developing the foundations of state policy, targeted and state scientific and technical programs for the development of healthcare, disease prevention, provision of medical care, provision of medicines and medical products to the population; control over the quality of medical care, medical and pharmaceutical products provided to the population; organization of licensing and certification of medical and pharmaceutical activities; development of regulations and standards in the field of healthcare and monitoring their compliance; ensuring sanitary, hygienic and epidemiological well-being of the population, etc.
The main objectives of this ministry are: development and implementation of federal and sectoral programs on labor, employment and social protection of the population; development within its competence of social norms, regulations and standards; organization of state pension provision; creation and development of a state system of social services for the population, assistance in the creation and development of municipal, private and other services providing social services to the population; organization of social support for family, motherhood, paternity and childhood, senior citizens and veterans; participation in resolving issues related to licensing activities in the field of social services for the population; ensuring control over the correct and uniform application of the legislation of the Russian Federation in the field of labor and social protection, etc.
The Federal Migration Service of Russia plays an important role in the implementation of state policy on the social protection of citizens.
Its competence includes: developing projects for federal and migration programs and ensuring their implementation; distribution of funds allocated from the federal budget to solve migration problems; organization of reception and temporary accommodation of refugees and forced migrants on the territory of the Russian Federation; providing them with assistance in settling at their main place of residence, protecting the rights of migrants; preparation of proposals for improving legislation in the field of migration, monitoring its compliance, etc.
In accordance with the Federal Law of the Russian Federation dated December 10, 1995 “On the fundamentals of social services for the population in the Russian Federation,” social services are the activities of social services for social support, provision of social services, socio-medical, psychological, pedagogical, social -legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.
The State Committee of the Russian Federation for Physical Culture and Tourism plays an important role in the implementation of state policy in protecting public health. In accordance with the Fundamentals of the legislation of the Russian Federation on physical culture and sports, other legislative and by-laws, the competence of this federal executive body covers: the development and implementation of targeted federal state programs for the development of physical culture, sports and tourism; development of state standards for financing physical culture, sports and tourism; direct financing of the activities of subordinate enterprises, institutions and organizations of physical culture, sports and tourism of federal significance;
A major role in ensuring the sanitary and epidemiological well-being of the population is played by state sanitary and epidemiological supervision, which is the activity of authorities and sanitary institutions aimed at preventing human diseases by preventing, detecting and suppressing violations of the sanitary legislation of the Russian Federation.
The content of sanitary and epidemiological surveillance includes: observation, assessment and forecasting of public health in connection with the state of the environment; identifying the causes and conditions of infectious and widespread non-infectious diseases; development of binding proposals for carrying out activities to ensure the sanitary and epidemiological well-being of the population; control over the implementation of hygienic and anti-epidemic measures, compliance with sanitary legislation by organizations and citizens; suppression of sanitary offenses and bringing to justice those who committed them; maintaining state records of infectious, occupational and mass infectious diseases and poisonings of the population in connection with the adverse impact of environmental factors on human health, as well as sanitary statistics.
This type of state supervision is carried out by a system of sanitary and epidemiological surveillance bodies and institutions subordinate to the Russian Ministry of Health in the constituent entities of the Russian Federation, cities, regions, as well as on water and air transport.
A variation of this state supervision is departmental sanitary and epidemiological supervision, which is carried out by individual ministries and departments in relation to the objects under their jurisdiction.
The Constitution of the Russian Federation guarantees every citizen the right to participate in cultural life and use cultural institutions, to have access to cultural values.
Culture in the broad sense of the word is usually understood as the socio-cultural appearance of a society - the state of science, art, education, educational work, etc. The content of culture consists of cultural values: moral and aesthetic ideals, norms and patterns of behavior; languages, dialects and dialects; national traditions and customs; folklore, arts and crafts; works of culture and art; buildings, structures, objects and technologies of historical and cultural significance; historically and culturally unique territories, objects, etc.
At the same time, this industry, uniform in content, is divided into sub-branches of culture: art (fiction, cinematography, stage, plastic, music, architecture and other types and genres); artistic folk arts and crafts, folklore, customs and rituals; amateur artistic creativity; museology and collecting; book publishing and librarianship; television and radio broadcasting; aesthetic education, art education, pedagogical activities in this area.
Federal executive authorities directly finance cultural organizations under federal jurisdiction, create and maintain the Code of Historical and Cultural Monuments of the Russian Federation, coordinate foreign policy in the field of cultural cooperation, regulate the export and import of cultural property, etc. Thus, the Government of the Russian Federation develops federal state programs for the preservation and development of culture, monitors the implementation by federal executive bodies of state policy in the field of cultural development, provides support for the development of culture and the preservation of especially valuable objects of cultural heritage of national importance, organizes the identification, registration and protection of cultural monuments, ensures accessibility for citizens of cultural activities and cultural values, etc.
Executive authorities of the constituent entities of the Russian Federation participate in determining republican and territorial cultural policies, form territorial and other bodies of state regulation of cultural activities and cultural organizations of corresponding subordination, create funds for the development of culture, establish local taxes and fees for the purposes of cultural development, carry out international cultural relations, etc.
Current legislation obliges state authorities and management of the Russian Federation and its constituent entities to take into account cultural aspects in all state programs of economic, environmental, social and national development.
Thus, cultural management is the executive and administrative activities of competent state bodies in order to implement state policy in the field of cultural development, the practical implementation of the cultural and educational functions of the state.
The legal basis for managing this industry is: the Law of the Russian Federation of October 9, 1992 “Fundamentals of the legislation of the Russian Federation on culture”, legislative acts of the Russian Federation and its constituent entities, other legal acts of state bodies adopted on issues of cultural management.
The cultural management bodies form a unified system, which includes: the Ministry of Culture of the Russian Federation, the ministries of culture of the republics that are part of the Russian Federation, and the corresponding cultural management bodies of other subjects of the federation; The State Committee of the Russian Federation for Cinematography, the State Committee of the Russian Federation for Press, the Federal Service of Russia for Television and Radio Broadcasting and the corresponding governing bodies of the subjects of the federation.
The Ministry of Culture of the Russian Federation (Ministry of Culture of Russia) is a federal executive body that implements state policy in the field of culture. Its main objectives are: creating conditions for the preservation and development of the culture of all peoples living on the territory of the Russian Federation; implementation of state policy in the field of protection and popularization of the historical and cultural heritage of the Russian Federation; coordination of international cultural relations: providing state support for professional art, etc.
The State Committee of the Russian Federation on Cinematography (Goskino) is a federal executive body that regulates and intersectorally coordinates activities on the development and implementation of state policy in the field of cinematography.
Cinematography is a field of culture and art, which includes a set of professional, creative, production, scientific, technical and educational activities aimed at the creation and use of cinematographic works (films, cinematography).
In accordance with the Federal Law of the Russian Federation of August 28, 1996 “On State Support of Cinematography of the Russian Federation,” cinematography is an integral part of culture and art, which must be preserved and developed with the support of the state.
The State Committee of the Russian Federation on Cinematography operates on the basis of the Regulations approved by the Government of the Russian Federation on January 6, 1993, according to which it is entrusted with the following main tasks: development and implementation of federal programs in the field of cinematography, including improving cinema services to the population; promoting the development of international relations in this area. At the same time, Goskino should promote the creation and coordination of the activities of associations, councils, other organizations and associations designed to promote the development of Russian cinematography.
The State Committee of the Russian Federation for Press (Goskompechat) is the most important link in the system of state cultural management bodies, implementing state policy in its sub-sector, covering periodicals, book publishing, printing and book distribution.
The main tasks of the State Press Committee are: development of measures aimed at implementing state policy in the sub-industry under its jurisdiction; ensuring the protection of freedom of speech and the independence of the press; development and participation in the implementation of federal publishing programs for the production of literature; creating conditions for the organization and functioning of federal, interregional, regional, local publishing houses, newspapers and magazines; organization of international cooperation in the field of periodicals, book publishing, printing and book trade.
The State Press Committee is in charge of state publishing houses, printing enterprises, and wholesale book trade enterprises. The Media Department functions within the structure of this committee.
Federal Service of Russia for Television and Radio Broadcasting
(FSTR) is designed to ensure the implementation of state policy in the field of television and radio broadcasting and monitor the technical quality of broadcasting.
It operates on the basis of a regulation approved by the Government of the Russian Federation on May 7, 1994.
In accordance with it, the main tasks and functions of the FSTR are: development of long-term programs and plans for the development of television and radio broadcasting in the Russian Federation; promotion of business activities in the field of television and radio broadcasting; development of measures aimed at implementing state policy in the field of television and radio broadcasting, as well as implementing measures for the development, operation, standardization and certification of the technical base of television and radio broadcasting; registration and licensing of state and non-state television and radio broadcasting organizations; coordination of the activities of all-Russian and regional television and radio organizations; management of subordinate organizations, enterprises and institutions; monitoring the fulfillment by television and radio organizations of obligations under licenses, etc.
Broadcasting licenses are issued by the Federal Television and Radio Broadcasting Commission and its territorial commissions. This commission develops state policy in the field of licensing of radio and television broadcasting and implements it directly. and through territorial commissions for television and radio broadcasting. Training tasks Answer/Solution Mass riots arose in one of the autonomous regions of the Russian Federation caused by a conflict between the indigenous population and refugees, incl. from the Caucasus.
Unfortunately, the actions of the indigenous people received de facto support from the local administration, which made several decisions that exacerbated the conflict. By decree of the President of the Russian Federation, a state of emergency was introduced in the region, with the creation of a temporary administration. The head of this administration, taking into account the situation and powers, issued a resolution on the temporary suspension of the activities of the regional administration, direct subordination of all executive bodies of both the city and district administration to the head of the temporary administration.
The mayor of the city was removed from office by a separate order; the heads of state enterprises and organizations were prohibited from dismissing workers at their own request for the entire period of the emergency.
Give a legal analysis of the case.
A plane with passengers was hijacked at the airport.
Internal Affairs Directorate officers Mikhailov and Stozharov stopped the driver of the Zhiguli, Senkin, who demanded that he take them to duty.
The driver refused, explaining the refusal by the need to travel by personal transport to his mother-in-law and in another direction.
Then Mikhailov, who had a driver’s license, removed Senkin from control and the three of them went to the airport,
Assess the actions of the participants in the situation. Are there grounds for Senkin to file a complaint in court?
A pretty lady called the police over the phone to place her husband in a medical sobering-up center because he was causing a “drunken brawl” in the apartment.
The squad complied with the request, but the husband filed a complaint against both his wife and the police.
Give a legal analysis of the situation.
§ 4. Public administration in the socio-cultural sphere
The Constitution of the Russian Federation stipulates that the Russian Federation is a social state. That is, his policy is aimed at creating conditions that ensure a decent life and free development of people. In the Russian Federation, the labor and health of people are protected, a guaranteed minimum wage is established, state support is provided for the family, motherhood, paternity and childhood, the disabled and elderly citizens, a system of social services is developed, state pensions, benefits and other guarantees of social protection are established. (v. 7).
The main task of the welfare state, located at the center of civil society, is to serve the individual and society. A social state is one that maintains social peace in society, ensuring a balance of interests of various social strata and groups. In this case, violation or preferential protection of the interests of any social group can lead to destabilization or social conflict. To harmonize relations in society, the social state must provide equal conditions and opportunities for self-realization of each member of society 186.
Self-realization of each member of society implies not only the opportunity to work to earn income, but also the opportunity to engage in science and art, that is, to realize their abilities in the field of culture. Culture is the most valuable thing in any civilization. Therefore, preserving and enhancing cultural heritage, encouraging the creation of new cultural values is one of the most important tasks of the state.
In the sphere of social protection of citizens, the main tasks of public administration are the creation of a system of guarantees of the provisions enshrined in the Constitution, their legislative and economic support.
Many social functions are implemented by government agencies; in this area, the state provides public services. As a rule, they are provided by agencies, and agencies report to ministries. The control exercised by the services is also important in this area. Taking this into account, we can name the following executive agencies who carry out management in the social sphere:
1) Federal Service for Supervision of Consumer Rights Protection and Human Welfare, which, as stated in the Decree of the Government of the Russian Federation dated June 30, 2004 No. 322 187 dedicated to it, carries out control and supervision functions in the field of ensuring the sanitary and epidemiological well-being of the population, protecting consumer rights and the consumer market.
2) Federal Service for Surveillance in Healthcare and Social Development. In the regulation on it, approved by Decree of the Government of the Russian Federation of June 30, 2004 No. 323 188, supervision in the field of healthcare and social development is disclosed as the implementation of:
Supervision of pharmaceutical activities; compliance with state standards and technical specifications for medical products;
Control and supervision of compliance with state standards of social services;
Control over the procedure for conducting medical examination; the procedure for establishing the degree of loss of professional ability to work as a result of industrial accidents and occupational diseases; carrying out forensic medical and forensic psychiatric examinations; production, manufacturing, quality, effectiveness, safety, circulation and use of medicines; compliance with quality standards of medical care;
Organization of examination of the quality, effectiveness and safety of medicines;
Implementation of licensing of certain types of activities in accordance with the legislation of the Russian Federation,
as well as issuing permits (for example, for the use of new medical technologies), issuing opinions on the compliance of the organization of production of medicines with the requirements of the legislation of the Russian Federation when licensing the production of medicines; issuing certificates for the right to import (export) narcotic drugs, psychotropic substances and their precursors; registration of maximum selling prices for vital and essential medicines in the manner established by the legislation of the Russian Federation and for medicines and medical products. It also carries out, in accordance with the established procedure, inspections of the activities of healthcare organizations, pharmacies, wholesale trade organizations of medicines, organizations providing social protection of the population, other organizations and individual entrepreneurs operating in the field of healthcare and social protection of the population;
and other functions.
3) Federal Service for Labor and Employment. The regulation on it was approved by Decree of the Government of the Russian Federation dated June 30, 2004 No. 324 189, which states that the named service is a federal executive body exercising functions of control and supervision in the field of labor, employment and alternative civil service, in the provision of public services in the field of assistance employment and protection from unemployment, labor migration and settlement of collective labor disputes.
4) Federal Agency for Health and Social Development, which is a federal executive body that carries out the functions of providing public services and managing state property in the field of healthcare and social development, including the provision of medical care (with the exception of high-tech medical care), the provision of services in the field of resort business, the organization of forensic and forensic psychiatric examinations, provision of prosthetic and orthopedic care, rehabilitation of the disabled, organization of the provision of social guarantees established by the legislation of the Russian Federation for socially vulnerable categories of citizens, social services for the population, medical and social examination, blood donation (Resolution of the Government of the Russian Federation dated June 30, 2004 No. 325 " On approval of the Regulations on the Federal Agency for Health and Social Development" 190).
5) Federal Medical and Biological Agency. Decree of the Government of the Russian Federation dated April 11, 2005 No. 206 “On the Federal Medical and Biological Agency” 191 stipulates that the Federal Medical and Biological Agency (FMBA of Russia) is a federal executive body exercising control and supervision functions in the field of sanitary and epidemiological well-being of employees of organizations certain industries with particularly hazardous working conditions (including during the preparation and execution of space flights for manned programs, diving and caisson operations) and the population of certain territories according to the list approved by the Government of the Russian Federation (hereinafter referred to as serviced organizations and serviced territories), and functions for the provision of public services and management of state property in the field of healthcare and social development, including medical and sanitary provision for employees of serviced organizations and the population of serviced territories, provision of medical and medical and social assistance, provision of services in the field of sanatorium and resort treatment, organization of judicial proceedings medical and forensic psychiatric examinations, blood donation, transplantation of human organs and tissues.
6) Federal Agency for High-Tech Medical Care. The resolution on it (No. 635) was approved by the Government of the Russian Federation on October 30, 2006 192. The Resolution states that the Federal Agency for High-Tech Medical Care is a federal executive body that carries out the functions of providing public services and managing state property in the field of healthcare in terms of the development and implementation of modern medical technologies, new diagnostic methods and organizing the provision of high-tech medical care (including transplantation of human organs and tissues).
All of the above bodies are subject to Ministry of Health and Social Development of the Russian Federation. The Ministry of Health and Social Development of the Russian Federation is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of healthcare, social development, labor and consumer protection, including issues of organizing medical prevention, including infectious diseases and AIDS , medical care and medical rehabilitation, pharmaceutical activities, quality, effectiveness and safety of medicines, sanitary and epidemiological well-being, standard of living and income of the population, demographic policy, health care provision for workers in certain sectors of the economy with particularly hazardous working conditions, medical and biological assessment the impact on the human body of particularly dangerous factors of physical and chemical nature, resort business, wages, pensions, including non-state pensions, social insurance, labor conditions and safety, social partnership and labor relations, employment and unemployment, labor migration, alternative civil service, state civil service (except for issues of remuneration), social protection of the population, including social protection of families, women and children (Resolution of the Government of the Russian Federation of June 30, 2004 No. 321 “On approval of the Regulations on the Ministry of Health and Social Development of the Russian Federation” Federation" 193).
The Ministry of Health and Social Development of the Russian Federation coordinates and controls the activities of the Federal Service for Surveillance in the Sphere of Consumer Rights Protection and Human Welfare, the Federal Service for Surveillance in the Sphere of Health and Social Development, the Federal Service for Labor and Employment, the Federal Agency for healthcare and social development, as well as coordination of the activities of the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, and the Federal Compulsory Medical Insurance Fund.
The said Ministry, in turn, is subordinate to To the Government of the Russian Federation, which has the following powers in the social sphere:
Ensures the implementation of a unified state social policy, the implementation of the constitutional rights of citizens in the field of social security, promotes the development of social security and charity;
Takes measures to implement the labor rights of citizens;
Develops programs to reduce and eliminate unemployment and ensures the implementation of these programs;
Ensures the implementation of a unified state migration policy;
Takes measures to realize the rights of citizens to health protection, to ensure sanitary and epidemiological well-being;
Promotes solutions to problems of family, motherhood, fatherhood and childhood, takes measures to implement youth policy;
Interacts with public associations and religious organizations;
Develops and implements measures for the development of physical culture, sports and tourism, as well as the sanatorium and resort sector (Article 16 of the Federal Constitutional Law “On the Government of the Russian Federation”).
Examples of the most important laws operating in this area are:
Federal Law of November 24, 1995 No. 181-FZ “On social protection of disabled people in the Russian Federation”,
Federal Law of July 17, 1999 No. 178-FZ “On State Social Assistance”,
Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases”,
Federal Law No. 159-FZ of December 21, 1996 “On additional guarantees for social support for orphans and children without parental care”,
Federal Law of December 10, 1995 No. 195-FZ “On the fundamentals of social services for the population in the Russian Federation”,
Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, approved. RF Armed Forces 07/22/1993 No. 5487-1,
Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance”,
Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”,
Federal Law of January 12, 1995 No. 5-FZ “On Veterans”,
Federal Law of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”,
Law of the Russian Federation dated June 28, 1991 No. 1499-1 “On medical insurance of citizens in the Russian Federation”,
Federal Law of October 24, 1997 No. 134-FZ “On the subsistence level in the Russian Federation”,
and many others. There is also a huge number of by-laws in force in the area under consideration.
Administrative reform in the field of social policy directed to improve the quality of public services provided, to transfer some functions from government agencies to non-state ones, to transfer some functions from government bodies to government institutions, to consolidate and guarantee standards of public services 194.
In the sphere of culture and science the most important tasks states are:
ensuring and protecting the constitutional right of citizens of the Russian Federation to cultural activities;
creation of legal guarantees for the free cultural activities of associations of citizens, peoples and other ethnic communities of the Russian Federation;
determination of principles and legal norms of relations between subjects of cultural activity;
determination of the principles of state cultural policy, legal norms of state support for culture and guarantees of state non-interference in creative processes 195.
Basic laws in this area are:
Fundamentals of the legislation of the Russian Federation on culture, approved. RF Armed Forces 09.10.1992 No. 3612-1,
Federal Law of August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy”,
Federal Law of June 25, 2002 No. 73-FZ “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”,
Federal Law of April 29, 1999 No. 80-FZ “On physical culture and sports in the Russian Federation”,
Law of the Russian Federation dated April 15, 1993 No. 4804-1 “On the export and import of cultural property”,
Law of the RSFSR of December 15, 1978 “On the protection and use of historical and cultural monuments”,
Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”,
Law of the Russian Federation dated July 10, 1992 No. 3266-1 “On Education”,
and many others. In this industry, regulation also occurs through by-laws.
Management in the field of culture and science is carried out by the following executive authorities:
1) Ministry of Culture and Mass Communications of the Russian Federation(they obey him Federal Archival Agency, Federal Agency for Culture and Cinematography, Federal Agency for Press and Mass Communications). The Decree of the Government of the Russian Federation dated June 17, 2004 No. 289 196, dedicated to this ministry, states that it is a federal executive body that carries out the functions of developing state policy in the field of culture, art, historical and cultural heritage, cinematography, media and mass media. communications, archival affairs, copyright and related rights, as well as on legal regulation in the field of culture, art, historical and cultural heritage (except for the protection of cultural heritage), cinematography, archival affairs, copyright and related rights (except legal regulation of control and supervision in the field of copyright and related rights).
2) Ministry of Education and Science of the Russian Federation(they obey him Federal Service for Intellectual Property, Patents and Trademarks, Federal Service for Supervision in Education and Science, Federal Agency for Science and Innovation, Federal Agency for Education). 06/15/2004 The Government of the Russian Federation approved Resolution No. 280 197 on the specified Ministry, which states that the Ministry of Education and Science of the Russian Federation is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of education, science, research technical and innovative activities, development of federal centers of science and high technology, state research centers and science cities, intellectual property, as well as in the field of education, guardianship and trusteeship of children, social support and social protection of students and pupils of educational institutions.
3) Government of the Russian Federation. Article 17 of the already mentioned law is devoted to the powers of the Government of the Russian Federation in the field of science, culture, and education, which states that the Government of the Russian Federation:
Develops and implements measures of state support for the development of science;
Provides state support for fundamental science, priority areas of applied science of national importance;
Ensures the implementation of a unified state policy in the field of education, determines the main directions for the development and improvement of general and vocational education, develops a system of free education;
Provides state support for culture and the preservation of both cultural heritage of national significance and the cultural heritage of the peoples of the Russian Federation.
A number of bodies that carry out management in the field of science and art are directly subordinate to the Government. This:
4) Federal Space Agency. The Decree of the Government of the Russian Federation dated June 26, 2004 No. 314 198 “On approval of the Regulations on the Federal Space Agency” states that the Federal Space Agency is an authorized federal executive body that carries out the functions of ensuring the implementation of state policy and legal regulation, the provision of public services and management of state property in the field of space activities, international cooperation in the implementation of joint projects and programs in the field of space activities, work by organizations of the rocket and space industry on military rocket and space technology, strategic military rocket technology, as well as functions for general coordination of work, held at the Baikonur Cosmodrome.
5) Federal Agency for Tourism. By Decree of the Government of the Russian Federation dated December 31, 2004 No. 901 199 “On approval of the Regulations on the Federal Agency for Tourism,” it is entrusted with the functions of implementing state policy, legal regulation, provision of public services and management of state property in the field of tourism.
6) Federal Agency for Physical Culture and Sports. By Decree of the Government of the Russian Federation of December 31, 2004 No. 904 “On the Federal Agency for Physical Culture and Sports” 200, this executive body is authorized to carry out functions of implementing state policy, legal regulation, provision of public services (including countering the use of doping) and management of state property in the field of physical culture and sports.
7) Federal Service for Supervision of Mass Communications,communications and protection of cultural heritage. The regulation on it was approved by the Government of the Russian Federation on June 6, 2007 (No. 354) 201. It says that the Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage is a federal executive body exercising control and supervision functions in the field of media (including electronic) and mass communications, information technology, communications (including postal), protection of cultural heritage, copyright and related rights, functions for control and supervision of compliance of the processing of personal data with the requirements of the legislation of the Russian Federation in the field of personal data, functions for legal regulation of control and supervision in the specified area of jurisdiction , legal regulation in the field of media (including electronic) and mass communications, protection of cultural heritage, as well as functions for organizing the activities of the radio frequency service.
The main methods that the state uses when managing the socio-cultural field are methods aimed, first of all, at supporting and developing culture and social security of the population: financing, incentives, awards; as well as to preserve the existing heritage and the level of services provided: the method of control and supervision, the use of state coercion. In this area, the state widely provides public services.
