Право. Административное и финансовое право.
Karabayev N.T.
undergraduate of 2nd course
Al-Farabi KazNU
Scientific leader:
Candidate of Law, associate professor Seitzhanov
A.A.
The
functions of government in the economy
State, economy and law - is known to be interrelated
phenomena and categories. Through the existing connection between these
categories are reviewed laws and the economic basis of the ratio of state-legal
superstructure. Experience in many countries show that it is impossible to
build a powerful state without the support of a well-regulated legally economy.
Conduct of the States of the economic policy requires a dynamic and adequate
development and improvement of the legal system.
At the present stage of our government is trying to create a
comprehensive program of socio-economic development, reform the economy,
provide the necessary mechanisms of management, appropriate fiscal, monetary
and credit system.
In addition, the scope of direct government management
of the economy today is shrinking. If previously dominated and strengthen
public ownership of the means of production, and the majority of enterprises,
associations and other facilities owned by the state, it was designed through
their bodies to manage them.
As you know, administrative management practices stem
from the very nature of government, which provides some authoritativeness and
subordination of others. In this case, through an appropriate system of
government, their officials and the state as the owner of the property subject
to implement the necessary functions in the economic sphere [1].
The basis of administrative methods is necessary,
first of all, the adoption of mandatory for the lower levels of management
decisions, which exercises direct influence on the object of control by the
unilateral determination of its tasks, and in some cases - ways and means to
solve them. So weighty instrument of his time, for example, advocated planning
by the state. It was at the same time functions and methods of government.
Of course, to use economic methods, combining them
with administrative. The basis of these methods is necessary the use of
economic instruments and incentives such as price, credit, profit (income),
public order and other economic methods. The content does not directly impact
on the management of subordinate objects and placing them with the help of
economic levers and incentives an economic situation that is dictated to them
the appropriate behavior in order to achieve positive economic effects, that
is, to stimulate economic interest [2].
In the context of state domination of non-state
ownership implement appropriate policies in the economic sphere, realizing it
as their economic, organizational, social and other functions. But at the same
time, such a policy should not dictate to dominate, and regulation, control,
coordination, etc.
And predominantly economic methods, which are based on reasonable tax
system rests, which would stimulate production and entrepreneurship. Requires
its’ improvement and credit policy pursued by the state. Generally, in such an
economic situation, taking into account the restructuring of ownership, the
challenge is to make the first, though still far and the development of market
principles to the active tool to promote effective operation of all
participants in social production [3].
At the same time today expressed a lot of opinions,
the meaning of which boils down to a complete disregard for the centralized
control of the state, the possibility of its functioning only on the basis of
market relations. These do not include any history of economic development of
Kazakhstan, nor the scale and complexity of the structural economic complex,
nor the division of labor and cooperation, or other factors, the presence of
which require centralized regulation of economic processes.
However, social production, distribution and exchange consist of many
industries that are both autonomous systems with their internal relationships
and patterns of functioning. Given these factors, we can't just ignore them and
build the economy exclusively on market mechanisms. It isn't necessary to
refuse an essential role of the state in the economic sphere, to underestimate
a role of state regulation and management.
Public administration — this conscious impact of the
state institutes on activity of society, its separate groups in which public
requirements and interests, the valid purposes and will of society are
realized. The concept "management" designates mainly influence
(proceeding from the subject) the purposeful impact on system, the influence
which is a factor of preservation and stimulation of a certain orientation of
self-development of system. Regulation assumes creation of necessary conditions
for spontaneous action of internal regularities and mechanisms of system.
According to the Explanatory dictionary to regulate one of values of the term –
operate direct. Along with it this term it can be designated: 1) impact on
something for the purpose of achievement of the necessary results; 2)
submission of this or that action to certain rules [3]. The economy as object
of public administration is considered in various directions: The economy is a
set of branches, public administration – a branch, departmental ex. Economy -
set of spheres, public administration - management of various spheres. Economy
– set of the markets, need of management of the markets as subjects of economic
activity. To operate various relations: between hired workers and the
enterprises. To operate economy means practically to carry out all types of
managing directors of influences on all spheres. On the volume of distribution
of influences and their content of public administration are subdivided on:
branch and territorial. There is a management on micro (at the level of firm)
level and macro (at the level of the state) level. Management of basic elements
of economy: Here the integrated approach assuming administrative preparation
not only administrative shots or public servants for public administration, but
also those who is in the operated objects is necessary, is guided by the
operating influences and perceives them. After all if those who on the
different bases and the reasons join in administrative processes, don't
understand value and sense of public administration, they won't be able to
share its ideology and values pursued by it a state policy. In this case it is
difficult to hope that the state will be able objectively to realize the
purposes facing it. Competence of government bodies of management of the sphere
of regulation of economy is reduced to the following directions: formation and
transformation of the economic services and institutes, replacement which were
outdate the new; legal bases of the uniform market; power systems, transport,
communication; state budget; financial, credit, currency, customs regulation;
price policy; monetary issue.
In the economic sphere control (supervision) in
varying degrees, carry virtually all specially created inspection services and
other authorities in accordance with its powers.
Public administration in the sphere of economy is
exercised appropriate authorities of executive power and officials. Their
competence and the principles of activity are defined by laws and other
regulations.
By managing the economic sphere, the state guarantees
the subject of economic relations:
- Real protection of economic activities (legal, organizational,
financial, etc.);
- Unity of economic space;
- Free movement of goods, services and financial resources;
- Development and support of competition;
- Freedom of economic activity, except as provided by federal law.
At the present stage, the work is to establish a
system of state support of business entities at the federal and regional levels
are fulfilled and is determined mechanism for coordination and exchange of
experience on the implementation of programs to support economic activity,
implemented with the support of international organizations.
The state uses the available intellectual, material
and financial resources to strengthen and expand the network of scientific and
educational institutions related to the training and retraining of personnel,
studying the problems of effective economic development.
A feature of modern activities of state bodies to
regulate the country's economy is more clear lines of authority and
responsibility of the state and its agencies for issues of support and control
of economic activity.
Public administration in the sphere of economy is
exercised appropriate authorities of executive power which, in turn, represent
uniform system.
The most important function of the state is economic.
It is a matter of debate. It has been suggested that the state should not
participate actively in economic life. In particular as the advocates of
liberal economics, representatives of Keynesianism, in contrast, argued for the
impact of public policy on economic processes.
The answer to the question of whose arguments
weightier, depends on the specific historical situation.
However, the situation began to change dramatically in
the early 60s. Scientific and technological progress does not require a large
concentration of capital. High efficiency and mobility showed small and medium
enterprises, providing scope for private initiative. In such circumstances, the
state investment in the real sector has become redundant. But the importance of
purchased government investment in education and fundamental science.
Is it possible to assume that in the future the
situation will change again, and the state will be forced to invest in the real
sector? Yes, this can happen when the direction of development of the
productive forces. For example, if in the future will require huge investments
to prevent environmental disasters and the development of alternative energy
sources.
Consequently, the economic function of the state in
the long term is determined by the peculiarities of development of the
productive forces.
In addition, accumulating and redistributing financial
resources, the state provides adjustment of the market mechanism, acts on
income generation and the functioning of markets.
Thus, organizational, social and economic functions
determine the necessary financial resources, the cost structure of the budget
and the proper structure of its revenue.
All economic systems that exist in the real world are
mixed (with the growing influence of the state or the market). In such systems,
the state and the market system is divided between the responsibility for
implementation of the five economic functions:
- Development and implementation of legal and social activities
- Maintenance of competition in the markets
- Redistribution
- Reallocation of resources
- Stabilization of the economy
These functions help to strengthen economic and
simplify operation of the market system is modified pure capitalism towards
achieving economic and social goals of society.
In the course of macroeconomic regulation state
performs the following economic functions:
- Develops and approves the legal framework of the economy;
- Defines the priorities of macroeconomic development that is allocates
among macroeconomic objectives are those that are most important at this stage
of economic development;
- Provides normal working conditions for the market mechanism, including
anti-monopoly policy.
- Shall regulate economic activities to achieve the objectives on the
basis of certain economic policies
Complements the market mechanism in the areas of
economic activity where the lack of effectiveness.
Solves the problem of social protection of the population,
ensuring its socio-economic rights and distributing income more equitably
between members of society.
Literature
1. V.A. Maltsev. Financial law. Tutorial,- 2008, p.56
2. Krokhina Y.A. Financial Law, -2010,
p.202
3. Mandritsa VM Financial Law: Textbook, - 2011, p-212