Suchergebnisse

In contradiction to the concept, which prevailed in Georgian administrative law we think that public government includes representative, executive and judicial goverment with typical hierarchical verticals, similar stages of activity, order of establishment and financing, territory of operation, as well as common nature of internal relationships, common ground of classification and forms of activity, but with their own diversificational features, like legal regulation of social life by legislative organs, performance of laws and by-laws by executory-ordering agencies and protection of law by means of justice and constitutional control. Despite these distinguishing features, legal acts issued in the sphere of representative, executive and judicial governments have identical characteristics classified upon their competence and receiving bodies, legal nature and juridical force, order of adoption, purposefulness and forms of expression, operation on the territory and in time. Similar form and methods of governing underline belonging of representative, executive and judicial government to the entire public government. Law-making ang law-enforcement form of operation is typical for internal and external activity of legislative, executive and judicial bodies with their own peculiarities, as well as common methods of governing, like persuasion, compulsion, adminstrative, organizational, pshycological and many others.

In Administrative Law of Georgia Public government is defined as activity of executory ordering bodies, therefore, area of operation for the public government is limited with the share of functioning of executive branch. We think that such conception is not correct and does not reflects real interconnections between branches of state machinery government (management, administration) is not a type of activity of certain group of state bodies, as it is understood in Georgian Administrative law, but systematic method of solution of problems and functional tasks, faced to the any branch of state power. So, the frame of public government should be expended and define that Public Government should be diversified into three types: Representative, Executive and Judicial Government. All of them have certain vertical of structural units of nine levels in case of executive government, two levels of representative and four levels of judicial government with their functionaries. Subjects of public government have same stages of activity, sources of financing, order of classification but different diversification indication in the structure of state machinery. Beside executive, representative and judicial bodies we think that a new category of subjects- namely special subject of public government have to be distinguished because the President, Parliament and Constitutional court have mutual integrated rights in different spheres of the public government. Upon a new approach to the concept of public government in Georgian Administrative law the definitions of representative, executive, judicial and public government are formulated.

Social management is an order of co-existence of people and exclusive type of joint activity, which is carried out with the help of managerial system to achieve publicly essential goals. An individual has to enter into communication with other individuals to realize his own interests. Mutual interactions among people always implies mutual comparison of interests and obedience to the certain rules, established by the state bodies, public and religion organizations, natural and legal persons. Social management, exercised by managerial systems is an indication of society of great importance. In the theory of administrative law only tree types of social management is distinguished, while it can be classified on the ground of different aspects.

Social relationships and everyday interactions among individuals, natural and legal persons are held with the help of different types of social management. Variety of social management is based on the classifications of managerial relations. Executive government with Georgia administrative law state government and executive activity of state bodies have identical essence, because in both cases it concerns with managerial interactions between subjects of law. Government (management) is the method of achievement of final goals, used by every branch of state authorities to regulate, carry out and protect social relations by means of laws and by-law.