Instrumental aspects of public administration

Abstract

The article is devoted to the instrumental aspects of public administration The essence of the instrumental approach in law is investigated, in which the legal norm is considered as the subject of socialization of an individual who seeks to adapt to the requirements of the social environment, while satisfying his needs. Attention is focused on the fact that the instrumental theory of law assumes that needs, interests and other intentions are first recognized and grouped depending on the degree of expression and presence in society. In this context, public administration can be viewed as a tool for achieving the goals of the state.
 In terms of their content, public administration activities are always law enforcement, unlike, for example, law-making and the administration of justice. Although the rule-making element is present in public administration, it is not an end in itself, a secondary, auxiliary character, since the primary source of the legal status and features of the functioning of public administration is in any case the law.
 The stages of public administration, which, in our opinion, can be described as follows. First, it is the definition at the constitutional level of the basic principles of interaction between a person and the state, the functioning of public authorities, human and civil rights and freedoms. Secondly, this is the development of laws, where the specified legal categories find their development, in accordance with the specified laws, public authorities, the legal status of which is provided for at the legislative level, receive their legal status. Thirdly, this is the preparation of a set of by-laws, providing for the creation of public administrations, which have the source of their formation is a by-law, for example, this applies to ministries and other central executive bodies. Fourthly, this is the stage of formation of public administrations operating on the basis of bylaws and the definition of plans for their activities. Fifth, this is, in fact, the very functioning of the public administration, depending on the goals and objectives, as well as plans that were identified at the previous stages. Sixth, this is the stage of control over the activities of the public administration, carried out both at the national and at the interdepartmental, departmental level, as self-control of the public administration, as well as public control (supervision) over its activities.
 The conclusion was made that public administration as a legal instrument is a legal way to ensure the needs, interests and other intentions of individuals and legal entities by legislative and subordinate consolidation of the status of public administrations, their formation and recruitment, setting goals and planning their activities, direct enforcement and control different levels for its implementation.