LawState and Law

Collective management is what?

Different types of organizational structures in their daily activities can carry out collective management. To this end, collegiate management bodies are created - these can be various councils or commissions, as well as professional committees. These colleges are permanent or temporary, have different levels of authority, differ in status and perform various tasks of the organization. Often, these bodies are empowered to make certain decisions, depending on their level of competence, they can also manage themselves or appoint an executive director. Often, such colleges perform advisory functions, providing the head with sound judgments on various issues.

The concept of collegiality

The term "collegiality" comes from the Latin word collegium, which in translation means "partnership." Collegiality is typical for a variety of commercial and non-commercial organizations, various state structures, including judicial, executive and legislative power, political parties and manifests itself as a joint discussion by a group of representatives, followed by a decision taken from the opinions and proposals.

The Council of the circle of persons who make such decisions is called "collegium" or "collegiate body". The colleges decide on various issues (specific tasks, coordination of work, elimination of problems) at the meeting by a group of commissioners or officials.

All collegial management bodies of the organization should be strictly structured: it is mandatory to have a document on its creation and regulations on the collegium, as well as the administrative staff, which consists of the secretary and the chairman. Almost all meetings of bodies are recorded in the protocol. To implement the current activities of the board, a certain plan is drawn up and approved. To the administrative documents of the collegial body are all kinds of decisions and decisions.

Historical reference

The need for the emergence of collegial bodies was historically conditioned by the following factors:

  • Need for control of representatives of the executive branch;
  • Taking into account the interests of all the assembled members;
  • Need for judicial and legislative power;
  • Minimizing the risk of error in the decisions made;
  • The introduction of modern experience and advanced knowledge.

Collegial authorities are the opposite of one-man management, which is also used to exclude the human factor.

It is officially confirmed that the very first college is the institution of magistrates, which arose in the 4th century BC in Ancient Rome. With these magistrates, colleges of ten people were established - decemvirs, having the powers of the legislature. The formation of this institution was a compromise decision taken to take into account the interests of all classes of society.

The policy of the Communist Party of the Soviet Union was also oriented toward the creation of collegiums with sole responsibility. In the opinion of V.I. Ulyanov (Lenin), this combination acts as a guarantee of excluding the subjective approach and preventing the occurrence of errors, applying the available knowledge and experience of all persons participating in the discussion and full responsibility of the representatives making the collective decision.

Types of collegial bodies

Groups of participants in the meeting can manage an organizational structure or perform any management tasks in it. Based on its purpose, the collective management bodies of the organization are divided into advisory, management and executive.

Advisory

In the state administration, consultative bodies are most often found, which include public committees, commissions and councils. The range of tasks considered by these meetings includes discussing options for management strategies, raising questions and choosing the best solution, researching and analyzing problems, and then seeking a way out.

Collegiality in this case plays an important role: it allows to take into account the opinion of each member in the community, to combine collective experience and knowledge, to study all sorts of nuances of the problem with reliance on the interests of each representative. But despite the fact that the consideration of all issues and the development of recommendations deals with the composition of the collegial management body, the final decision-making is entrusted to the head of the institution.

Controls

All representatives of the management body have equal duties and rights in analyzing issues within the competence of this meeting. Decisions of this board are mandatory for all members of the organization. But even with such an organization, the composition of the board includes a person who is the general director, who is compulsorily accountable to the management body and fully subordinate to him.

Usually, such bodies manage the institution at the highest level (for example, the meeting of founders of the construction complex). Such colleges can consider issues at the global level, up to the liquidation and reorganization of the enterprise.

Executive

All executive management bodies (single, collegiate) carry out operational activities for the management of the economic company.

Participants of the collegial body headed by the sole executive body directly supervise the organization. The general director does not have the authority to make decisions, regardless of the executive board.

The sole executive body should act on behalf of the organization on the basis of its charter, it has the right to resolve all issues that go beyond the powers of other agencies of the institution.

An example of an executive body is the Board of Directors. This collegial management body of the company is used in commercial organizations, large industrial corporations, concerns and other business structures. He solves issues of financial security, purchase and sale of shares, modernization and provides control over the current operation of the enterprise.

In general, depending on the type of collegial body, the final choice of the decision takes place either through voting or solely by the head. The form of collegiality - advisory or decisive - is determined by regulatory legal acts in state structures or by the charter in organizations.

The Collegium of Public Administration

The organs of state administration are endowed with a public form of power, they are independent political institutions that have a certain sphere of influence and are endowed with state power. They issue legal acts that are enforceable. A collegial body of general competence exercising public administration must ensure oversight over the implementation of decisions taken and, in case of non-compliance, apply sanctions to violators. At the same time, the activities of the state apparatus are clearly limited to the limits of its competence, regulated by regulatory legal acts, for which he has no right to go beyond.

The main features of government include:

  • Powers of state power;
  • Becoming a member of the state apparatus;
  • Implementation of tasks and objectives on behalf of the country;
  • The order of education strictly prescribed by state laws;
  • Specific delineation of the structure and a certain level of competence;
  • Accountability to the state for their work;
  • Implementation of management;
  • The implementation of the functions of the executive and administrative machinery.

Varieties of state colleges

State organizational structures are divided into several branches, which, in turn, also include certain colleges.

1. The executive power is characterized by the presence of the following colleges:

  • Municipal council - established to implement local self-government;
  • Council of Ministers - formed by analogy with the Soviet Cabinet;
  • Council of the ministry;
  • The Cabinet of Ministers is the supreme collegial executive body of state administration.

Depending on the nature of the empowered, the executive bodies are of the following types:

  • Bodies of interbranch competence that perform functions common to all spheres of administration (Ministry of Economy of the Russian Federation);
  • Bodies of general competence, which include the administrations of the constituent entities of the Russian Federation and the governments that manage subordinate territory and ensure socio-economic and cultural development;
  • Bodies of sectoral competence that control one of the subordinate branches (Ministry of Health of the Russian Federation).

2. The legislative power, taking into account their nationality, also includes collegiate governing bodies. It:

  • A national assembly meeting in some countries;
  • Senate;
  • parliament.

3. The structure of the judicial apparatus of power includes:

  • The Supreme Qualification Board of judges, taking into account belonging to a certain country.
  • Supreme Council of the Judiciary.

4. The collegial governing bodies also include colleges created for the interaction of several states in the field of political relations between countries, for example the North Atlantic Council - the NATO Collegium.

Collegium Ltd.

The charter of the companies may provide for the formation of a collegium of limited liability companies (this may be a board of directors or supervisory board) with subsequent assignment of control over the activities of executive bodies and other duties to it. However, the creation of a collegial body is not a prerequisite for the existence of the organization.

In No. 312-FZ of December 30, 2008, the competence of the collegial management body of the LLC is established, which covers:

  • Regulation of the activities of the organization;
  • Formation of executive bodies of the institution, termination of their powers and transfer of rights of IP or organization;
  • Determination of the amount of remuneration to the subjects of the executive structure of the company;
  • Approval of the audit, calculation of the amount of payment for the services of the auditor;
  • Consideration and adoption of internal documents;
  • Establishment of branches and representative offices;
  • Analysis of issues on the approval of trade transactions, including large ones;
  • Solving problems of preparation and holding a joint meeting of all members of the institution;
  • Other issues that are not within the scope of the legal capacity of the executive bodies and the general meeting of all members of the institution.

According to the law No. 99-FZ, some tasks that can be resolved at the general meeting level can be submitted for discussion by the collegium. Exceptions to the law are: amendments to the charter, approval of documents that are not constituent, increase of the authorized capital due to attraction of funds from outside, formation of other management bodies, liquidation of the enterprise.

The collegial body of general competence, which manages the company, grants the participants of this collegium the following rights:

  • Obtaining information on the activities of the institution, unlimited access to accounting and other documentation;
  • Challenging transactions made by the company on the basis of the Federal Law on LLCs or Article 174 of the Civil Code of the Russian Federation;
  • Claim for compensation for losses caused by organization in accordance with Article 53.1 of the Civil Code of the Russian Federation.

The number of participants in the executive bodies should not exceed a quarter of the members of the collegial meeting. Collegial executive management bodies may appoint their own head, who, however, does not have the right to head a joint collegial meeting.

Colleges of the armed forces

Considering belonging to a certain state, the following advisory bodies are allocated:

  • A court of officer's honor, whose purpose can be understood from the name - it was created to protect the dignity of officers;
  • Military council - the name has a historical origin.

In the armed forces there are also collegial executive bodies. An example is the Ministry of Defense of the Russian Federation.

The principle of the management of the armed forces in all countries is based on one-man management - meetings are held in the form of a meeting and have a recommendatory character. To discuss the situation and acting combat orders, taking into account the opinion of all commanders of the units, staff meetings are organized at different levels of formations and military units.

There are times when the position of the collegium limits the management of a single head. For example, in a court of officer honor, the views of the commander do not affect the general decision of the members of the meeting, the chief can only appeal.

Management in Education

According to Article 26 of Federal Law No. 273, an educational organization should be managed by a single director-director, manager or rector. At the end of this law, collegiate educational authorities are described, which are divided into optional and compulsory.

Among facultative controls are:

  • The Board of Trustees, which controls the expenditure of financial aid;
  • Supervisory Board - Board exercising control and supervisory functions;
  • A governing board consisting of parents of students and accepting decisions binding on the administration of the institution.

The obligatory collegiate management body is the pedagogical council, assembled from the teachers, who decide on the current issues of the institution's activities in general and the organization of the educational process, in particular on the quality of students 'knowledge and the development of teachers' qualifications. Also included here is a meeting of the organization's employees, discussing professional, labor and economic issues that relate to the employee-boss relationship.

Colleges in other areas of activity

Some colleges do not exist permanently in the form of a management body. All workshops are held as necessary to solve specific tasks.

In the health care system, collegiate organs of government are councils, which are a collection of doctors on the diagnosis and treatment of each individual patient in disputable cases.

There are also religious authorities:

  • The Ulema Council is a meeting of members of Islamic states that has the authority not only to resolve clergy issues, but also to function as a legislative power structure;
  • Conclave, collected in the Catholic Church from the cardinals in the election of the Pope.

In different kinds of sports, the judging of the performance of athletes is carried out by the judiciary board (or referee team).

Summing up, it can be said that a collective management body is a group of persons who have a number of powers to consider issues within their competence. Depending on the institution of the collegium type prescribed in the charter, its recommendations may be advisory or mandatory. An advisory form of collegiality is used to provide certain proposals to higher-level management. The decisive form of collegiality implements the adopted resolutions regardless of the chairman of the meeting.

The colleges are found in virtually all branches of human society. This is due to the fact that joint solution of issues has many advantages, allowing to take into account the interests of all representatives and minimizing the risk of making gross mistakes, which generally leads to efficiency and effectiveness in resolving problems.

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