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Regular version of the site

Article

Принципы правового регулирования разрешительных процедур как основа эффективного государственного управления

The article is devoted to the principles of licensing procedures’ legal regulation. The interrelationship of these principles with efficiency of public administration is proved. The emphasis is placed on the necessary legalization of the principle of differentiation of the Executive authorities’ permissive powers.

The aim is to identify the most important principles of the licensing procedures’ legal regulation on the base of the analysis of the Russian doctrine, domestic and foreign legislative practice, principles of OECD regulatory policy (OESR), as well as to justify the need to form the value priorities of officials as a basis for the effective use of the administrative procedures’ principles. Analysis of current trends in the processvalidate of public services, the use of general scientific (logical, systemic) and special legal methods (formal-legal, comparative legal) allowed to present the place of the principles of legal regulation of licensing procedures in the public administration system. In the context of the importance of the normative aspect in the legal regulation of the Executive authorities’ permissive activity, the significance of determining the principal approaches to the content of the legislative fixation of the principles of administrative procedures is proved. It is concluded that the most important principle of the licensing procedures’ legal regulation is the principle of differentiation of licensing powers.  Its content is revealed through: 1) reference (correlation) of Federal and regional permissive legislation; 2) clarity in the definition of permissive powers of Executive bodies with different in scope competence blocks (General and special competence); 3) consistency in the implementation of the constitutional provision on the delimitation of subjects of competence between the Russian Federation and its subjects in the "permissive" rules of Federal legislation. It is also suggested that the effect of the principles of administrative procedures is determined not so much by their legalization, but by the formation of the so-called "axiom of legal consciousness" in the subjects of management. It is stated that the principles clearly fixed in the current legislation and mandatory for use in the practice of public administration can project the traditional legal values into the consciousness of the power participants of administrative relations and to form behavioral aspects of regulatory policy in the context of the newly formed concept of public governance in Russia.