The structure of the federal executive bodies of state power. The structure of executive authorities
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Introduction
1. Main body
Conclusion
Applications
Introduction
A rule of law state is being formed in Russia, which should be a system of bodies and institutions that ensure the normal functioning of civil society on the basis of law, the protection of the rights and freedoms of every citizen, the rise of the economy and the spiritual progress of the people.
The specificity of any public authority is that it carries out the tasks and functions of the state and acts on its behalf, endowed with state powers. These powers consist in the right of the body to issue legal acts on behalf of the state, and these acts are binding on those to whom they are addressed, to apply measures that ensure the implementation of legal acts, including measures of persuasion, stimulation and coercion.
After the legal consolidation of the division of state power into three branches - legislative, executive and judicial, the organizational and managerial, executive and administrative activities carried out by certain state bodies and officials on the basis of and in pursuance of laws in order to ensure everyday (current ) functioning of the state and its apparatus. The powers and possibilities for exercising executive power are vested in the Government, federal ministries and other federal executive bodies, executive bodies of constituent entities of the Federation, and a number of certain officials.
The legislator does not establish the concept of an executive body, limiting itself only to indicating the existence of a single system government agencies executive power and the definition in the Constitution Russian Federation(for example, art. 77, 78, 85, 110, 112, 125), federal constitutional laws, federal laws, laws of the constituent entities of the Russian Federation and other regulatory legal acts of their powers.
The relevance of the chosen topic lies in the fact that without executive authorities it is impossible to organize the practical implementation of the Constitution and laws of the Russian Federation in the process of management activities aimed at satisfying public (public) interests, requests and needs of the population.
aim term paper is a comprehensive study of executive authorities.
To achieve this goal, the following tasks were set:
Give a description of the executive authorities;
Consider the system and structure of executive authorities in the Russian Federation;
Determine the functions and tasks of the executive authorities in the constituent entities of the Russian Federation.
Describe the executive authorities of local self-government
The course work is written using educational legal literature, based on the provisions of the Constitution of the Russian Federation of 1993, federal laws, acts and regulations.
1. Main body
1.1 Characteristics of executive authorities
It is obvious that if we are talking about the executive power, about state activity for its practical implementation, the question is inevitable about what kind of state-imperious mechanism, built on the principles of separation of powers, is entrusted with this kind of activity. Before the Constitution of the Russian Federation of 1993 established that state power in the country is exercised on the basis of the division into legislative, executive and judicial, this question was solved quite simply: at various levels of the state organization, a system of state administration bodies was built and functioned accordingly. It fully corresponded to one of the leading manifestations of state power, namely, state-administrative or executive-administrative activities, carried out along with legislative and judicial.
For the first time, a constitutional mention of executive authorities appears in Article 77 of the Constitution of the Russian Federation, which states that within the jurisdiction of the Russian Federation and the constituent entities of the Federation, federal executive authorities and executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation . .
The current Russian legislation, along with the broad use of the term "executive authorities", often contains references to "executive authorities", "government authorities".
The legal status of executive bodies is characterized by the fact that these bodies are independent and independent in the exercise of the powers granted to them. The independence of legislative bodies is established by the Constitution of the Russian Federation, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, as well as other regulatory legal acts. Exceeding the limits of established competence means misappropriation of power.
The organizational structure of state government bodies is ensured by the development and approval of their staffing table, which is a list of structural divisions of the body (with their names), positions and their number (in general for the governing body and in structural divisions in particular), official salaries. Monetary allowance is paid to a civil servant in accordance with the size of the official salary established in the staffing table. Thus, the staff list establishes the organizational structure of the executive authority, the amount of funds required for the maintenance of this authority. The procedure for compiling and approving the staff lists of governing bodies is controlled by higher executive authorities. Schedules are subject to state registration in financial institutions.
Executive power is characterized by the following features:
The executive power is a relatively independent branch of the unified state power of the Russian Federation, closely interacting with its legislative and judicial branches. The separation of powers cannot be made absolute by bringing matters to the point of recognizing the complete independence of each branch. All of them are interconnected, which, however, should not lead to the substitution of one branch of power for another, as was the case in the early 1990s, to the invasion of the legislative power into the sphere of executive power and vice versa.
Executive power is independent only in the functional-competent sense. Its functions are related to the practical implementation of laws on a national scale, for which a certain part of state power is used. Another part of such powers falls to the legislative and judicial authorities. Consequently, the executive power can be characterized as a subsystem within the system of unified state power or its mechanism. The current legislation fixes the functions and competence not of the executive power itself, as a state-legal institution, but entities implementing it at a particular level of state organization (for example, the status of federal and regional executive authorities).
A distinctive feature of the executive power is that power is exercised on a national scale and as a specific state function of a law enforcement (law enforcement) nature.
executive power is embodied in the activities of special subjects endowed with executive competence. This is one of the indispensable requirements of the separation of powers. Accordingly, the executive power is represented in the state-imperious mechanism by the executive authorities . The federal executive authorities and the executive authorities of the subjects of the federation form a single system of executive authority in the Russian Federation. These are clearly defined constitutional boundaries necessary for understanding the subjective characteristics of executive power.
Executive power in accordance with the Constitution of the Russian Federation is organized and exercised on the basis of federalism. This means that by constitutional or legislative means, a distinction is made between the subjects of jurisdiction and powers between the federal executive bodies and similar bodies of the constituent entities of the federation. An important role in this belongs to the Federal Treaty and other treaties on the delimitation of subjects of jurisdiction and powers.
Executive power cannot be identified with administrative power. Such an identification is unlawful, since administrative power, as a rule, is associated with the exercise of the powers of extrajudicial , those. administrative coercion. However, administrative coercion is only one of the means to achieve the goals of the executive activity.
Executive power is characterized by the fact that all the most essential attributes of state power are at the direct disposal of its subjects: finances; essential means communications; army and other military formations, police, internal and external security, corrective labor institutions, etc.
1.2 System and structure of executive authorities
In the Russian Federation, many executive bodies have been created, differing in the level of their presence in the structure of executive power, the role and scale of activity, areas and branches of management, the procedure for making decisions, the method of formation, the nature of competence (Appendix 1).
The Constitution enshrines the terms of the system and structure of federal executive bodies. So, p. "d" Art. 71 of the Constitution establishes that the jurisdiction of the Russian Federation is the establishment of a system of federal legislative, executive and judiciary, the order of their organization and activities; formation of federal government bodies. However, the structure of federal executive bodies is mentioned in the Constitution only in connection with the appointment of the Chairman of the Government of the Russian Federation. According to Part 1 of Art. 112 of the Constitution, the Chairman of the Government of the Russian Federation, no later than one week after the appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.
The system of federal executive bodies is determined by the Decree of the President of the Russian Federation of August 14, 1996 "On the system of federal executive bodies" and Decree of the President of the Russian Federation of March 9, 2004 No. 649 "Issues of the structure of federal executive bodies" and consists of the Government of the Russian Federation, federal ministries, state committees of the Russian Federation, federal services of Russia, Russian agencies, federal supervision of Russia.
It is possible to single out the system (apparatus) of the executive power, which is a set of state bodies designated as its subjects, as well as the organizational mechanism of its implementation .
The permanent organizational factor of the mechanism of executive power is the executive bodies of general competence located at different hierarchical levels. (for example, the Government of the Russian Federation, the administration of the region, etc.). The remaining links of such a system are unstable and changeable (for example, ministries, state committees, etc.). In some cases, they may not exist at all (for example, the emergence of state concerns that are not state bodies on the basis of former ministries), although they are not "withdrawn" from the mechanism of state administration. In the same aspect, one can qualify the role, for example, various kinds structural subdivisions of executive bodies, their territorial units, as well as officials. All this is a "working mechanism" of the executive power, serving the purposes of its better organization and functioning. The apparatus of executive power, in addition to bodies of general competence, also includes sectoral, intersectoral, supervisory, territorial and other links of the state-administrative mechanism. But at the same time, all these links together constitute a system of subjects of public administration.
The relationship between the various links of the federal executive authorities can be represented in the form of a diagram (Appendix 2).
The system of executive authorities is based on the principle of federalism. Legally, it is enshrined in the Constitution of the Russian Federation, the constitutions of the republics within Russia, federal laws and laws of the constituent entities of the Russian Federation.
According to the principle of federalism operating system The executive branch consists of the following units:
1. Federal executive authorities of the Russian Federation:
· Government of the Russian Federation.
· Federal ministries.
· Federal agencies.
· State committees of the Russian Federation.
· Federal commissions of Russia.
· Federal services of Russia.
· Federal supervision of Russia.
· Other federal executive authorities.
2. The executive authorities of the constituent entities of the Russian Federation (republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts) are:
· the governments of the republics and other subjects of the Federation;
administrations of territories, regions, federal cities, autonomous regions, autonomous districts.
1.2.1 Government of the Russian Federation
The Government of the Russian Federation is a federal body heading the unified system of executive power in the Russian Federation. Basics legal status The Government of the Russian Federation, its composition and principles of activity, powers and other issues are regulated by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation" dated December 17, 1997 (as of August 2010 in red. FKZ No. 4-FKZ of 06/01/2005; No. 1-FKZ dated 01/30/2007; No. 5-FKZ of December 25, 2008; No. 8-FKZ dated 12/30/2008; No. 1-FKZ of 01/29/2010; No. 4-FKZ dated 07/22/2010) (Appendix 3).
Its composition of the Government includes the Chairman, Deputy Prime Ministers and federal ministers.
The Prime Minister is appointed and dismissed by the President of the Russian Federation. Appointment to the post of Prime Minister is carried out with the consent of the State Duma. Dismissal from office is possible at the request of the Chairman of the resignation, as well as in case of impossibility of the Chairman of the Government to exercise his powers.
The Chairman of the Government of the Russian Federation, no later than one week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies; proposes to the President the candidacies of Deputy Prime Ministers of the Russian Federation and federal ministers; in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation determines the main areas of activity of the Government and organizes its work.
In cases stipulated by the Constitution of the Russian Federation, the Chairman of the Government of the Russian Federation shall temporarily act as the President of the Russian Federation.
Deputy Chairmen of the Government of the Russian Federation coordinate the work of federal executive bodies, give them instructions and control their activities; preliminary consider proposals, draft resolutions and orders submitted to the Government.
Federal ministers have the powers established by the legislation of the Russian Federation of the heads of the relevant federal executive bodies and participate with the right of a decisive vote in meetings of the Government. The right of an advisory vote may also be vested in other heads of federal executive bodies. For example, the Chairman of the Federal Commission on the Securities Market is an ex officio federal minister.
The powers of the Government of the Russian Federation are enshrined in the Constitution of the Russian Federation, federal laws and Presidential Decrees.
The federal constitutional law "On the Government of the Russian Federation" establishes that, in relation to federal executive bodies, the Government of the Russian Federation directs and controls their activities; approves the provisions on them; establishes the maximum number of employees of their apparatus and the amount of appropriations for their maintenance; have the right to cancel acts of federal executive bodies or suspend the operation of these acts; approves members of collegiums of federal executive bodies, etc.
With regard to the executive authorities of the constituent entities of the Russian Federation, the Government, in order to ensure a combination of interests of the Russian Federation and the constituent entities of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, coordinates and controls the activities of the executive authorities of the constituent entities of the Russian Federation; submits proposals to the President of the Russian Federation on the suspension of acts of the executive authorities of the constituent entities of the Russian Federation in case they contradict the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violate the rights and freedoms of man and citizen.
The law defines the general, intersectoral, sectoral and other powers of the Government of the Russian Federation. Within the limits of general powers, the Government of the Russian Federation:
organizes the implementation of the domestic and foreign policy of the Russian Federation;
· carries out regulation in the socio-economic sphere;
Ensures the unity of the system of executive power in the Russian Federation, directs and controls the activities of its bodies;
· Forms federal targeted programs and ensures their implementation;
realizes the right of legislative initiative granted to him;
· carries out measures to ensure the rule of law, rights and freedoms, the protection of property and public order, the fight against crime.
The Government of the Russian Federation, in agreement with the executive authorities of the constituent entities of the Russian Federation, may transfer to them the exercise of part of its powers, and also exercise the powers transferred to it by the executive authorities of the constituent entities of the Russian Federation on the basis of relevant agreements.
In order to exercise the powers vested in it, the Government may create its own territorial bodies and appoint appropriate officials.
The legal forms for the implementation by the Government of the powers vested in it are resolutions and orders that are mandatory for execution in the Russian Federation. Acts of a normative nature are issued in the form of resolutions, and acts on operational and other current issues that are not of a normative nature are issued in the form of orders.
The main organizational form of activity of the Government of the Russian Federation is its meetings, which are held at least once a month. Deputy Prime Ministers and federal ministers participate in meetings in person.
The cases and procedure for the resignation of the Government of the Russian Federation are provided for in Art. 117 of the Constitution of the Russian Federation and art. 35 of the Federal Constitutional Law "On the Government of the Russian Federation". The government itself can resign; the decision to resign may be made by the President of the Russian Federation; no confidence can be expressed by the State Duma; the issue of confidence may be raised by the State Duma by the Chairman of the Government of the Russian Federation.
The dismissal of the Chairman of the Government simultaneously entails the resignation of the Government. In the event of resignation or resignation, the Government of the Russian Federation, on behalf of the President of the Russian Federation, continues to act until the formation of a new Government of the Russian Federation.
1.2.2 Sectoral and intersectoral executive authorities
In addition to the Government of the Russian Federation, the system of federal executive bodies includes sectoral and intersectoral federal executive bodies. Their structural composition is quite diverse and in different time included ministries, state committees, committees, federal services, agencies, supervisors, interdepartmental commissions and other government bodies exercising executive powers. At present, the system of intersectoral federal executive bodies consists of: ministries of the Russian Federation, state committees of the Russian Federation, federal commissions of the Russian Federation, federal services of Russia, federal agencies, federal supervision of Russia (Appendix 4).
The Ministry of the Russian Federation - like other federal executive bodies - is an independent body of the system. He has central office which implements the functions of this body within a certain competence in the subject area of public administration, which is within its jurisdiction.
The Ministry of the Russian Federation is the central body of the federal executive power that manages the branch of administration or field of activity entrusted to it. It is formed on the basis of a decree of the President of the Russian Federation, headed by a minister who is also appointed to and dismissed by the President of the Russian Federation on the proposal of the Prime Minister of Russia.
The Minister is a member of the Government, his functions are the implementation of state administration and coordination of activities in a subordinate branch or field of activity on the basis of unity of command; bears personal responsibility for the fulfillment of the tasks assigned to the ministry. The minister issues orders, directives, directions, instructions on issues within his competence.
Each ministry has an advisory body represented by a collegium consisting of the minister - the chairman, his deputies and other senior officials of the ministry.
There are currently 18 ministries.
State committees of the Russian Federation are theoretically designed to carry out interdepartmental or supradepartmental powers. Their decisions, taken collectively, apply either to the entire system of executive power, or to the sphere directly related to the profile of the state committee.
The State Committee is formed on the basis of a decree of the President of the Russian Federation and is headed by a chairman who is appointed and dismissed only by the President of Russia.
The chairman of the state committee issues orders, directives, instructions on issues within the competence of the relevant state committee, except for issues to be considered at committee meetings. Decisions of the state committee on intersectoral issues of a general normative nature are taken jointly by the members of the committee and are formalized in the form of a resolution.
The federal executive authorities also include:
Federal commissions are collegiate bodies established by the President of the Russian Federation. A feature of the functional orientation of these organs is that there is no specific criterion for their formation.
The system of federal executive bodies also includes such bodies as federal services, supervision and agencies. These are executive authorities that carry out special (executive, control, licensing, regulatory, etc.) functions in the established areas of jurisdiction. The Federal Service is headed by the Head (Director) of the Federal Service of Russia; federal agency- CEO; federal supervision of Russia - head of the federal supervision of Russia.
Currently, there are 33 federal services, 23 federal agencies.
Federal commissions, federal services, federal agencies and other federal executive bodies exercise special executive, control, licensing or supervisory functions. These bodies are created by the President of the Russian Federation.
Federal executive bodies also include interdepartmental, government commissions and councils.
These bodies are called upon to make up for the lack of coordinating functions of the main structures of executive power. Basically, they have a coordinating purpose, some perform analytical and advisory functions.
1.3 Executive power in the subjects of the Russian Federation
In accordance with the Constitution and the Federal Law of October 6, 1999 No. 184 "On general principles organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation", as well as legislative and other regulatory legal acts of the constituent entities of the Russian Federation, establishes a system of executive bodies headed by the highest executive body of state power of the constituent entity of the Russian Federation, headed by its leader.
The constitution (charter) may establish the position of the highest official of a constituent entity of the Russian Federation. This person heads the highest executive body of state power of the subject.
In accordance with the Constitution of the Russian Federation, within the jurisdiction of the Russian Federation, and its powers in matters of joint jurisdiction, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a single system of executive power.
The highest official of a constituent entity of the Russian Federation is elected by citizens of the Russian Federation residing in the territory of the constituent entity and possessing active suffrage on the basis of universal, equal and direct suffrage by secret ballot. The highest official is elected for a term not exceeding five years and may not be elected to the said position for more than two consecutive terms.
The name of the position of the highest official is established by the constitution of the subject of the Russian Federation, taking into account the historical, national and other traditions of this subject.
In all cases when the highest official of a subject of the Russian Federation cannot perform his duties, they are temporarily performed by an official established by the constitution or law of the subject. For such a person, restrictions may be established on the exercise of certain powers of the highest official of a constituent entity of the Russian Federation.
Powers of the highest official. The highest official of the subject of the Russian Federation:
· represents the constituent entity of the Russian Federation in relations with federal state authorities, state authorities of the constituent entities of the Russian Federation, local authorities and in the implementation of foreign economic relations, while having the right to sign contracts and agreements on behalf of the subject;
promulgates laws, certifying their promulgation by signing laws or issuing special acts, or rejects laws adopted by the legislative body of state power of a constituent entity of the Russian Federation;
Forms the highest executive body of state power of the subject;
· have the right to demand the convocation of an extraordinary meeting of the legislative body of state power of a constituent entity of the Russian Federation, as well as to convene a newly elected legislative body of state power for the first meeting before the deadline established by the legislation of the subject of the Russian Federation;
· have the right to participate in the work of the legislative body of state power of the subject of the Russian Federation with the right of an advisory vote;
On issues of his competence, the highest official of the constituent entity of the Russian Federation within the current legislation and by-laws issues decrees (resolutions) and orders.
The highest official forms the highest executive body of state power in accordance with the legislation of the subject of the Russian Federation.
The supreme executive body is a permanent body of executive power of a constituent entity of the Russian Federation. Its name, structure, formation procedure is established by the constitution (charter) and laws of the subject. Financing of the supreme executive body of power and the bodies of executive power headed by it is carried out for the light of the budget of the subject of the Russian Federation.
The highest executive body of state power of the constituent entity of the Russian Federation:
develops and implements measures to ensure the integrated socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, healthcare, social security and ecology.
· carries out, within its powers, measures to implement, ensure and protect the rights and freedoms of man and citizen, protect property and public order, and combat crime;
· develops, for submission by the highest official to the legislative body of state power, a draft budget of a subject of the Russian Federation, as well as draft programs for socio-economic development;
ensure the implementation of the budget of the subject of the Russian Federation and prepare a report on the execution of the said budget and reports on the implementation of socio-economic development programs for submission by the highest official to the legislative body of state power of the subject of the Russian Federation;
forms other executive authorities of the constituent entity of the Russian Federation
manages and disposes of property in accordance with the laws of the subject of the Russian Federation, as well as federal property transferred to the management of the subject of the Russian Federation in accordance with federal laws and other regulatory legal acts of the Russian Federation;
· have the right to propose to the local self-government body, its elected or other official to bring into line with the legislation of the Russian Federation, published by them legal acts in the event that these acts contradict the Constitution of the Russian Federation, federal legislation or the constitution, the legislation of a constituent entity of the Russian Federation, and also have the right to apply to the court on these issues;
concludes, in accordance with federal law, agreements with federal executive bodies on the delimitation of jurisdiction and powers, as well as agreements on the mutual transfer of the exercise of part of their powers;
· exercises other powers established by federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, as well as agreements with federal executive bodies provided for in Art. 78 of the Constitution of the Russian Federation.
1.4 Executive authorities of local self-government
Local self-government is an organizational form of exercising local power by the population, which is designed to ensure that citizens living in a particular territory of a municipality (city, rural settlement, etc.) independently resolve issues local importance proceeding from the interests of the population, its historical and other local traditions.
Functions of local government:
1. Ensuring the participation of the population in solving local affairs (issues).
2. Management of municipal property and financial resources of local participation.
3. Ensuring the development of the relevant territory.
4. Socio-cultural, communal banking and other services to the population.
5. Protection of public order, ensuring the rule of law in the relevant territory.
6. Protection of interests and rights of local self-government.
In accordance with the Federal Law of August 28, 1995 (as of September 1, 2008 as amended by the Federal Law No. 97-FZ of July 21, 2005) "On the General Principles of Organizing Local Self-Government in the Russian Federation", all cities of regional significance are municipalities (Appendix 5).
In rural areas, a single municipal unit is a district. In the administrative-territorial units of the district, territorial bodies of the district formation are formed in the manner determined by the charter of the district. The presence of elected bodies of local self-government of municipalities is mandatory.
In accordance with the Constitution of the Russian Federation, local self-government is exercised by citizens through a referendum, elections and other forms of direct expression of will, through elected and other bodies of local self-government.
Types of local governments:
Elected bodies.
Bodies created in accordance with the charters of municipalities (the head of the municipality and other elected positions).
Local referendum, municipal elections, assembly (gatherings) of citizens and other forms of participation of the population in the implementation of local self-government.
In cities of regional significance, the names of local self-government bodies are established by the charters of municipalities. In documents that are related to the execution of certain state powers or that are sent to state authorities, official names are used:
· for a representative body - the City Duma, district (rural, settlement, etc.) assembly of deputies;
· for the executive-administrative body - the administration of the municipality.
Local governments also have their own administrative and legal status, which is characterized by the fact that:
they are separated from the state, are not included in the system of public authorities, interact with them on the basis of law;
local self-government bodies on a constitutional basis may be endowed by law with separate state powers with the transfer of material and financial resources for their implementation;
The Constitution of the Russian Federation gives local self-government bodies the right to independently resolve issues of local importance: possession, use and disposal of municipal property;
Local self-government is guaranteed by the right to judicial protection, to compensate for additional costs incurred as a result of decisions taken by public authorities, a ban on restricting the rights of local self-government;
Decisions of local governments and officials, taken within their powers, are binding on all enterprises, institutions and organizations located on the territory of the municipality, regardless of their organizational and legal forms, as well as local authorities, responsibility to the population occurs as a result of the loss of public confidence ;
· Responsibility to the state arises in cases of violation by local self-government bodies and officials of these bodies of the legislation, the charter of the municipality. In case of violations, the public authority may apply to the court for an opinion on the recognition of non-compliance of the activities of the local government body, an elected official of local government with the legislation or the charter of the municipality.
Conclusion
On the basis of the foregoing, it can be concluded that at present in the Russian Federation there is and operates quite a a complex system executive power. We must not forget that, first of all, it is a subsystem of state power, its branch in the structure of the division of power as a single whole organizational and legal mechanism for the state organization of society and the conduct of its affairs. This subsystem has a certain structural structure, including levels (structure along a hierarchical vertical); links (single-level formations of homogeneous organs); types and forms of executive authorities. The executive authority is the primary and main structural unit of the system under consideration. It has a complex structural internal structure and includes structural subdivisions for administrative purposes that do not have power powers, and sometimes independent bodies (structures of an organ in an organ), the composition of civil service employees as a special institution of state power.
The subjects of executive power carry out public administration within the established competence. Executive power cannot be outside the system of state administration bodies that implement its functions and purpose. The organization and activities of the executive branch are the organization and functioning of the system of its bodies, i.e., government bodies that have normatively established goals, tasks, competence, structure, and necessary for work, public service positions (management personnel). In the person of its bodies, it is directly involved in the implementation legal regulations adopted by the legislator. Its activities must be based on the law, carried out within the framework of the law. Executive bodies and state officials do not have the right to issue generally binding acts establishing new rights or obligations of citizens and organizations that are not provided for by law. The executive power has a legal character only if it is a subordinate power, acts on the basis of legality. The restraint of the executive power is also achieved through its accountability and responsibility to the representative bodies of state power. In a state of law, every citizen can appeal against any illegal actions of the executive bodies and officials in court.
List of sources used
1. State, power, administration and law. Ed. N.I. Glazunova, M-Norma, 2009.- 346 p.
2. On the functions of the executive branch. State and law. Belsky K.S. M-Infra-M, 2007.- 160 p.
3. Administrative law: Tutorial ed. Prof. G.A. Tumanova - M- LAWYER, 2007.- 347 p.
4. The Constitution of the Russian Federation The Constitution of the Russian Federation. M-Legal Literature, 2011.- 64 p.
5. Administrative law, Knyazev S. D., St. Petersburg-Leader, 2009.- 280 p.
6. Administrative law of the Russian Federation, Plekhin A.P., Karmolitsky A.A., Kozlov Yu.M., M-Jurist, 2009.- 276 p.
7. The main characteristics of the executive power according to the Constitution of the Russian Federation 1993, Nozdrachev A.F., M - Legal Literature, 2006. - 123 p.
8. Executive power in the Russian Federation. , Bachilo I.L. , M-Jurist, 2008.- 106 p.
Application
Rice. "Classification of executive authorities"
Appendix 2
"The relationship of federal executive authorities"
Appendix 3
"Government of the Russian Federation"
Appendix 4
government executive constitution
"The system of intersectoral federal executive bodies and their functions"
Appendix 5
"The structure of local executive authorities and local self-government bodies, their interaction with state executive authorities, regulatory authorities and enterprises providing public services to the population."
Appendix 6
"Federal executive authorities of the Russian Federation"
I. Federal ministries, federal services and federal agencies, which are managed by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries:
Ministry of Internal Affairs of the Russian Federation
· The Federal Migration Service
Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters
Ministry of Foreign Affairs of the Russian Federation
Federal Agency for the Commonwealth of Independent States, Compatriots Living Abroad and International Humanitarian Cooperation
Ministry of Defense of the Russian Federation
Federal Service for Military-Technical Cooperation
Federal Service for Technical and Export Control
Federal Service for Defense Order
Federal Agency for Special Construction
Federal agency for the supply of weapons, military, special equipment and materiel
Ministry of Justice of the Russian Federation
Federal Service for the Execution of Punishments
Federal bailiff service
State courier service of the Russian Federation (federal service)
Foreign Intelligence Service of the Russian Federation (federal service)
Federal Security Service of the Russian Federation (federal service)
National anti-terrorist committee
Federal service of the Russian Federation for drug control (federal service)
Federal Security Service of the Russian Federation (federal service)
Main Directorate of Special Programs of the President of the Russian Federation (federal agency)
Administration of the President of the Russian Federation (federal agency)
II. Federal ministries, federal services and federal agencies managed by the Government of the Russian Federation, federal services and federal agencies subordinate to these federal ministries
Ministry of Health and Social Development of the Russian Federation
Federal Service for Supervision of Consumer Rights Protection and Human Welfare
Federal Service for Surveillance in Healthcare and Social Development
Federal Service for Labor and Employment
Federal Biomedical Agency
Ministry of Culture of the Russian Federation
Ministry of Education and Science of the Russian Federation
Federal Service for Intellectual Property, Patents and Trademarks
Federal Service for Supervision in Education and Science
Ministry natural resources and ecology of the Russian Federation
Federal Service for Hydrometeorology and Monitoring environment
Federal Service for Supervision of Natural Resources
Federal Agency for Water Resources
Federal agency for subsoil use
Ministry of Industry and Trade of the Russian Federation
Federal Agency for Technical Regulation and Metrology
Ministry of Telecom and Mass Communications of the Russian Federation
Federal Service for Supervision of Communications, Information Technology and Mass Communications
Federal Agency for Press and Mass Communications
Federal Communications Agency
Ministry of Regional Development of the Russian Federation
Ministry Agriculture Russian Federation
Federal Service for Veterinary and Phytosanitary Supervision
Ministry of Sports, Tourism and Youth Policy of the Russian Federation
Federal Agency for Youth Affairs
Federal Agency for Tourism
Ministry of Transport of the Russian Federation
Federal Service for Supervision in the Sphere of Transport
Federal Air Transport Agency
Federal Road Agency
Federal Agency of Railway Transport
Federal agency of sea and river transport
Ministry of Finance of the Russian Federation
· The Federal Tax Service
Federal Service of Insurance Supervision
Federal Service for Financial and Budgetary Supervision
Federal Treasury (federal service)
Ministry of Economic Development of the Russian Federation
Federal State Statistics Service
Federal Service for State Registration, Cadastre and Cartography
Federal Agency for State Reserves
Federal Agency for Management state property
Ministry of Energy of the Russian Federation
Federal Antimonopoly Service
· Federal Customs Service
Federal Tariff Service
Federal Service for Financial Monitoring
Federal Service for Financial Markets
Federal Space Agency
Federal Agency for the Development of the State Border of the Russian Federation
Federal Agency for Fisheries
Federal service for regulation of the alcohol market
Federal Service for Ecological, Technological and Nuclear Supervision
Federal Forestry Agency
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The current structure of the federal OIV (executive authorities) is determined by the system of these bodies. The close relationship between the concepts of "system" and "structure" is already visible from the name of the most important regulatory act - Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies." In this regard, in answering the main question "about the structure", I will allow myself to somewhat go beyond the scope of the question and touch on two questions of the "system" that are essentially related to it. In particular, the roles and significance for the structure of federal OIV, institutions of the President of the Russian Federation and the Government of the Russian Federation.
PRESIDENT OF THE RUSSIAN FEDERATION IN THE SPHERE OF EXECUTIVE POWER.
The President of the Russian Federation is not organizationally part of the system of any branch of power.
By exercising state power as head of state, the President of the Russian Federation rises above the legislative, executive and judicial branches of power. It ensures the coordinated functioning and interaction of all public authorities (part 2 of article 80 of the Constitution of the Russian Federation)
But about a quarter of the federal bodies are directly subordinate to the President of the Russian Federation: the ministries of defense, security, internal affairs, foreign affairs, emergency situations, etc. In accordance with the Constitution of the Russian Federation and federal laws, the President of the Russian Federation has broad powers in the field of executive power, which apply to all spheres of public administration. Taking into account the volume of powers of the President of the Russian Federation and their nature, he is referred to as special subjects of administrative law. Without being formally the head of the executive branch, the President of the Russian Federation actively influences the activities of the executive and administrative bodies in two forms: DIRECTLY - on the above executive bodies directly subordinate to him and INDIRECTLY through the Government of the Russian Federation on other executive bodies.
GOVERNMENT OF THE RUSSIAN FEDERATION AND ITS POWERS.
The Government of the Russian Federation is a collegial body that heads the system of executive power of the Russian Federation and issues administrative and legal acts on its own behalf. Its activities are determined by the federal constitutional law "On the Government of the Russian Federation".
The Government of the Russian Federation includes the Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and Federal Ministers.
The Prime Minister of the Russian Federation is appointed by the President of the Russian Federation with the consent of the Duma. In the event of a threefold rejection of the submitted candidates, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the Duma and calls new elections. The President of the Russian Federation also dismisses the Chairman of the Government of the Russian Federation from office.
The Government of the Russian Federation is the highest executive body of the state and heads the unified system of executive power. legal basis activities of the Government of the Russian Federation are the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation.
The government leads, directs and controls the activities of the federal system. This system consists of federal MINISTRIES and other federal executive bodies. Federal ministers are appointed and dismissed by the President of the Russian Federation, and deputies of federal ministers and heads of other executive bodies are appointed and dismissed by the Government of the Russian Federation.
STRUCTURE OF FEDERAL EXECUTIVE AUTHORITIES
due to the system of these bodies, determined by the Decree of the President of the Russian Federation of March 9, 2004 "On the system and structure of federal executive bodies." The SYSTEM of federal PEI defines the types of federal PII, and the STRUCTURE is defined as a list of specific bodies included in the PII system. The peculiarity of this system and structure is that a number of federal PEIs are combined into the corresponding functional blocks in the areas of public administration. The structure of each block includes the federal ministry and its subordinate federal services and federal agencies.
Within each block, the division of the functions of the IRO is carried out in accordance with their system. MINISTRIES have SERVICES AND AGENCIES subordinate to them, in respect of which they coordinate and control. The main function of the ministries is the development of state policy and legal regulation in a certain area of activity. The main function of federal services is to control and supervise the implementation of legal norms in a certain area. The main function of federal agencies is to provide public services, state property management.
The very structure of federal OIV was approved by Decree of the President of the Russian Federation of May 12, 2008 No. 724 “Issues of the system and structure of federal executive bodies”. This structure consists of three sections, including a list of existing federal executive bodies.
Federal ministries, federal services and federal agencies, which are managed by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries.
I will allow myself not to list all the bodies listed in the text of the decree, but to confine myself to examples. Thus, the President of the Russian Federation is in charge of:
Federal ministries: Ministry of Internal Affairs of the Russian Federation, Ministry of Defense of the Russian Federation, Ministry of Emergency Situations of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, Ministry of Justice of the Russian Federation.
Federal services: FSB of the Russian Federation (Federal Security Service of the Russian Federation (former KGB), Foreign Intelligence Service of the Russian Federation, FSO (Federal Security Service).
Federal Agency - Office of the President of the Russian Federation.
The heads of the above federal OIVs and their deputies are appointed and dismissed by the President of the Russian Federation.
Federal ministries managed by the Government of the Russian Federation, federal services and federal agencies subordinate to this federal ministry. Federal services and federal agencies managed by the Government of the Russian Federation
Currently, the Government manages the activities of 13 ministries:
health care and social development, education and science, culture, finance, transport, agriculture, energy, economic development, etc. These ministries are subordinate to federal services and federal agencies operating in their area.
So, for example, there is the Ministry of Transport of the Russian Federation. It has jurisdiction over: the Federal Service for Supervision in the Sphere of Transport and the Federal Air Navigation Service, as well as four agencies: the Federal Agency for Railway Transport, the Federal Highway Agency, the Federal Agency for Air Transport and the Federal Agency for Sea and River Transport.
The heads of federal ministries, services and agencies are appointed and dismissed by the Government of the Russian Federation.
3. Federal services and federal agencies managed by the Government of the Russian Federation.
This list of federal services and federal agencies includes:
Federal Customs Service, Federal Antimonopoly Service, Federal Space Agency, Federal Agency for Fisheries, etc. In total - 9 OIV ....
The rules for organizing the activities of federal PIOs for the exercise of their powers, as well as for the interaction of federal ministries with the federal services and federal agencies under their jurisdiction, are established by the regulations of federal ministries, other federal PIOs in accordance with the model regulations approved by the Government of the Russian Federation. This regulation includes such issues as the structure and staffing of the federal executive body, the powers of managers, the procedure for planning and organizing work, the procedure for preparing and considering draft acts that are submitted to the Government. Federal executive authorities may also develop and approve their own regulations.
In addition to the above, let me, again, going beyond the scope of the question put before me, touch upon the related issue of EXECUTIVE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION.
The system and forms of IIV in the republics are determined by their Constitutions, laws and other acts, other subjects of the Russian Federation (territories, regions, autonomous districts, cities of federal significance, etc.) - by their charters and other legal acts adopted in accordance with the laws, and decrees of the President of the Russian Federation. The OIV of a subject of the Federation are included in the unified system of executive power along with federal bodies within the jurisdiction of the Federation and the joint jurisdiction of the Federation and its subject. Within these limits, the OIV of the subjects form an independent horizontal level of the executive power system, which appoints their leaders.
The highest official of a subject of the Federation is the president, governor, mayor of a federal city, etc. The highest collegial executive body of the subject is the government, cabinet of ministers, administration, etc. territorial bodies of executive authorities (local executive authorities. As a rule, the highest official of a subject of the Federation is also the head of the highest collegial executive body.
In accordance with the constitutions, charters and other bodies of the constituent entities of the Federation, territorial executive authorities can be created in them - LOCAL EXECUTIVE AUTHORITIES.
In Russia, there is also LOCAL SELF-GOVERNMENT - independent activity population through the elected and other self-government bodies created by it - an assembly of representatives (a thought, a municipal committee, etc.), the head of local self-government (the head of a local administration, a mayor, a headman, etc.) .... BODIES OF LOCAL SELF-GOVERNMENT are also subjects of administrative law, but they are not included in the system of STATE OIV and are independent bodies management.
The system of executive authorities is based on the principle of federalism. Legally, it is enshrined in the Constitution of the Russian Federation, federal laws, constitutions of the republics, charters and other laws of the subjects of the Federation and other normative acts.
In accordance with the principle of federalism, the current system of executive power consists of the following levels (clause 2, article 77 of the Constitution of the Russian Federation):
Federal executive authorities of the Russian Federation (first);
Executive authorities of the constituent entities of the Russian Federation (second).
The unity of the system of executive power is legally expressed in the fact that the acts of the federal executive authorities are binding on the relevant executive authorities of the subjects of the Federation, and the acts of the latter are subject to observance by the federal executive authorities.
Let's consider the first level of the system of executive authorities, which includes: the Government of the Russian Federation, federal ministries and other federal executive authorities. But before considering the structure of the federal executive authorities, let us determine the place of the President of the Russian Federation in the system of state authorities.
The President of the Russian Federation, being the head of state, is not included in any of the branches of power, however, in the sphere of executive power, he is endowed with broad powers. It is in accordance with Art. Art. 80-90 of the Constitution of the Russian Federation:
Determines the domestic and foreign policy of Russia; its powers extend to the entire sphere of public administration;
Creates federal executive bodies, approves their system and structure, determines the content and the most important areas of activity of its system;
Forms the Government of the Russian Federation (appoints the Chairman with the consent of the State Duma, decides on the resignation of the Government, appoints and dismisses the Deputy Chairman, federal ministers at the suggestion of the Chairman of the Government);
Has the right to preside at a meeting of the Government of the Russian Federation;
Issues decrees and orders, binding on the entire territory of Russia;
The right to cancel the acts of the Government of the Russian Federation and suspend the acts of the executive authorities of the constituent entities of the Federation;
Forms and heads the Security Council of the Russian Federation, forms the Presidential Administration;
Appoints and dismisses plenipotentiaries of the President of the Russian Federation in federal districts in order to ensure the unity of state policy in the activities of the executive authorities of Russia, to increase the efficiency of interaction between the federal executive authorities and the bodies of the constituent entities of the Federation;
Appoints and dismisses the high command of the Armed Forces of the Russian Federation;
He is the Supreme Commander of the Armed Forces of Russia;
Has other executive powers.
Let us turn to the characteristics of the federal executive bodies headed by the Government of the Russian Federation, which is the highest executive body of state power in the Russian Federation.
Art. 1 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation" defines the Government of the Russian Federation as a collegial body heading a unified system of executive power in the Russian Federation. It consists of the Prime Minister, his deputies and federal ministers. The Prime Minister is appointed by the President of the Russian Federation with the consent of the State Duma. Other members of the Government - deputies and federal ministers - are also appointed by the President on the proposal of the Chairman of the Government.
The government, according to the Constitution of the Russian Federation, has broad powers in many areas of the life of the state:
Develops and submits to the State Duma the federal budget and ensures its execution;
Reports to the State Duma on the execution of the federal budget;
Ensures the implementation of a unified financial, credit and monetary policy in the Russian Federation;
Conducts a unified state policy in the field of culture, science, education, healthcare, social security, and ecology;
Manages federal property;
Carries out measures to ensure the defense of the country, state security, the implementation of the foreign policy of the Russian Federation;
Implements measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime;
Forms federal targeted programs and ensures their implementation.
The Government also exercises other powers assigned to it by the Constitution, federal laws, and decrees of the President of the Russian Federation.
The preparation and holding of meetings of the Government is carried out on the basis of the Regulations of the Government of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 1, 2004 No. 260.
In accordance with the Regulations, the work of the Government is organized on the basis of a plan developed for six months, which is approved by the Chairman of the Government.
Regular meetings of the Government are held according to the approved plan on certain days of the week, but at least once a month. Extraordinary meetings are held by decision of the Prime Minister, in his absence - by the Deputy Prime Minister as necessary.
A meeting of the Government is considered competent if at least half of the members of the Government are present. Decisions taken at a meeting of the Government are documented in minutes.
To resolve operational issues, the Government, at the suggestion of the Chairman, may form the Presidium of the Government of the Russian Federation.
The legal forms for the Government to exercise its powers are resolutions and orders adopted on the basis of and in pursuance of the Constitution, federal laws, and regulatory decrees of the President of the Russian Federation. It also ensures the organization and execution of the acts adopted by it throughout Russia.
The government resigns its powers before the newly elected President of the Russian Federation. It may also resign before the expiration of its term of office. The resignation is accepted or rejected by the President of the Russian Federation. The government may be expressed no confidence in the State Duma, which makes a decision on this issue, adopted by a majority vote of the total number of its deputies. After expressing no confidence in the Government, the President has the right to announce the resignation of the Government or disagree with the decision of the State Duma.
The organizational and legal forms of federal executive authorities include:
federal ministries;
federal services;
federal agencies.
Thus, Decree of the President of the Russian Federation of March 9, 2004 No. 314 stipulates that the system of federal executive bodies includes three elements: ministries, services and agencies.
The ministries of the Russian Federation are the first link in the system of federal bodies.
The Ministry of the Russian Federation is a federal executive body that performs the functions of developing state policy and legal regulation in the established area (branch) of activity.
The Ministry is formed on the basis of a decree of the President of the Russian Federation; is headed by a minister who is appointed to and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. The minister is a member of the Government of the Russian Federation, carries out state administration and coordination of activities in a subordinate industry or field of activity on the basis of unity of command and is personally responsible for the implementation of the tasks and functions assigned to the ministry.
The Ministry in its activities is guided by the Constitution, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation and regulations on the ministry, approved by the President or the Government of the Russian Federation.
The Minister issues orders, directives, instructions, instructions on issues within his competence (in necessary cases together with other federal executive bodies), i.e., establishes rules of conduct that are binding on state authorities, local governments, their officials and citizens (regulatory legal acts).
The minister has deputies who are appointed and dismissed by the President of the Russian Federation or the Government of the Russian Federation. An advisory body is formed in the ministry - a collegium consisting of the minister (chairman of the collegium), his deputies ex officio, senior officials and specialists of the ministry, scientists, and representatives of other organizations. The personal composition of the collegium is approved by the Government of Russia. Decisions of the collegium are formalized in protocols and implemented, if necessary, by orders of the minister.
The structure of the ministry is made up of leadership (the minister, his deputies, collegium), departments, main departments, departments, departments and other divisions. The structure and regulations on structural subdivisions are approved by the minister, with the exception of those ministries whose regulations are approved by the President of the Russian Federation (for example, the Ministry of Internal Affairs of Russia). The Ministry is a legal entity, has an independent balance sheet, a seal with the image of the State Emblem of the Russian Federation and with its own name.
Federal ministries operate in various spheres of life. At present, by Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”, the following federal ministries have been formed, which are divided into two groups:
Ministries, activities are managed by the President of the Russian Federation (Ministry of Internal Affairs of the Russian Federation; Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters; Ministry of Foreign Affairs of the Russian Federation; Ministry of Defense of the Russian Federation; Ministry of Justice of the Russian Federation);
Ministries under the jurisdiction of the Government of the Russian Federation (Ministry of Health and Social Development of the Russian Federation; Ministry of Culture and Mass Communications of the Russian Federation; Ministry of Education and Science of the Russian Federation; Ministry of Natural Resources of the Russian Federation; Ministry of Industry and Energy of the Russian Federation; Ministry of Regional Development of the Russian Federation; Ministry of Agriculture of the Russian Federation; Ministry of Transport of the Russian Federation; Ministry of Information Technologies and Communications of the Russian Federation; Ministry of Finance of the Russian Federation; Ministry of Economic Development and Trade).
The second link in the system of federal executive bodies is the federal services. The President of the Russian Federation established that the federal service is a federal executive body exercising the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the State Border of the Russian Federation, the fight against crime, and public security.
It should be noted that Decree of the President of the Russian Federation of March 9, 2004 No. 314 determined that, firstly, not all federal services are independent, some of them are included in the structures of federal ministries, and secondly, some services are managed by the President of the Russian Federation, others - are under the jurisdiction of the Government of the Russian Federation.
To independent federal services, whose activities are managed by the President of the Russian Federation, include:
State courier service of the Russian Federation.
Foreign Intelligence Service of the Russian Federation.
Federal Security Service of the Russian Federation.
Federal service of the Russian Federation for drug control.
Federal Security Service of the Russian Federation.
The Government of the Russian Federation is in charge of the following independent federal services: antimonopoly; by tariffs; on financial markets; on hydrometeorology and environmental monitoring; state statistics; on environmental, technological and nuclear supervision.
The third link in the system of federal executive bodies are federal agencies.
Federal agencies are a federal executive body that performs, in the established area of activity, the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision.
The President of the Russian Federation determined that the Main Directorate for Special Programs of the President of the Russian Federation and the Administration of the President of the Russian Federation, directly subordinate to him, act as independent federal agencies.
The main part of the federal agencies is included in the federal ministries. For example, the Ministry of Natural Resources has three federal agencies: water resources, forestry and subsoil use. And only two federal agencies - the Federal Agency for Atomic Energy and the Federal Space Agency - are independent and are under the jurisdiction of the Government of the Russian Federation.
The federal agency is headed by a director general.
Federal services and agencies are guided in their activities by the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, as well as regulations on them, which are approved by the President or the Government of the Russian Federation.
In federal services and agencies collegiums are formed, approved by the Government of the Russian Federation. The Board is an advisory body. Its decisions are formalized by orders of the head of the body.
The bodies in question are legal entities, have settlement and other accounts in banking institutions, a seal with the image of the State Emblem of the Russian Federation and with their name.
The second level of the system of building executive authorities is represented by the executive authorities of the subjects of the Federation. The legal basis for their activities is formed by Art. Art. 65, 66, 71, 72, 73, 76 and 77 of the Constitution of the Russian Federation, Federal Law of June 24, 1999 No. 119-FZ “On the principles and procedure for delimiting the subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of subjects of the Russian Federation”, Federal Law of October 6, 1999 No. 184-FZ “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”, constitutions of the republics, charters and other regulatory legal acts of other subjects of the Federation.
It must be said that the systems of executive authorities of various subjects of the Federation are not the same. There are differences in the number and organizational and legal forms of their constituent bodies. However, despite the differences in the forms (names) of the bodies of the constituent entities of the Federation, there are executive bodies of general, sectoral and intersectoral (special) competence.
The system and organizational and legal forms of executive authorities in the republics are determined by their constitutions, laws and other acts; other subjects - territories, regions, cities of federal significance and autonomous formations - by their charters, adopted in accordance with the laws and decrees of the President of the Russian Federation.
Bodies of general competence include:
The governments of the republics and other subjects of the Federation, formed either by representative bodies of state power, or by presidents, or on the basis of a combination of the election of heads of government and the appointment of other members of governments;
Administration of territories, regions, federal cities, autonomous regions, autonomous districts.
The system of organizations of executive power in the republics includes:
1. The system of executive power, headed by the head of the republic - the president, who is also the chairman of the government.
In accordance with Art. 69 of the Constitution of the Republic of Buryatia, its president is the head of the republic and the chairman of the government.
Executive power in the Komi Republic, as stated in Art. 80 of the Constitution of the Republic of Komi, are carried out by the head of the republic, the government headed by him, as well as local administrations that are part of the system of executive power of the republic as government bodies that perform executive and administrative functions and ensure the rights and legitimate interests of citizens in the relevant territory.
The head of the Komi Republic is the head of state. He heads the public administration system of the republic, ensures interaction with the republican and federal government bodies.
2. The system of executive power, in which the cabinet of ministers of the republic (government) is the executive and administrative body of state power of the republic and is subordinate to the head of state - the president of the republic. This form of organization of executive power is enshrined in Art. Art. 91, 95, 100, 101 of the Constitution of the Republic of Bashkortostan and Art. Art. 11, 116-118 of the Constitution of the Republic of Tatarstan.
3. The system of executive power, headed by the president of the republic, who is the highest official in it (Yakutia, Chuvashia).
4. The system of executive power, distinctive feature which is the empowerment of the president of the republic, who is the head of state, with the powers of the head of the executive branch. The indicated combination of two forms of legal personality in one person is provided for by Art. 69 of the Constitution of the Republic of Tyva and art. 80 of the Constitution of the Republic of North Ossetia-Alania.
5. Collegiate systems of formation and organization of executive power in the republic. It takes place. when: a) the executive power (government of the republic) is directly formed by a representative body, deputies (in the Udmurt Republic); b) the executive branch is headed by a collegiate body, which forms the government of the republic. Such a state body is the State Council of the Republic of Dagestan, which heads the executive branch.
6. The system of organization of executive power, when the president of the republic is the head of the republic and its highest official. These very significant legal features of the organization of executive power are enshrined in the Steppe Code (Basic Law) of the Republic of Kalmykia in Art. 25 and the Constitution (Basic Law) of the Kabardino-Balkarian Republic in Art. 73.
The head of the administration (governor) in his activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, the constitution of the republic or the charter and other legislative acts of the subject of the Federation.
Let us consider in more detail the executive authorities on the example of the city of federal significance - St. Petersburg.
In St. Petersburg, executive power is exercised by the city administration, whose structure includes:
The head of the administration of St. Petersburg - the governor of the city;
Government of St. Petersburg.
The Governor is the highest official of St. Petersburg.
Art. 38 of the Charter of St. Petersburg determines that the empowerment of a citizen of the Russian Federation with the powers of the Governor of St. Petersburg is carried out in accordance with the Federal Law of October 6, 1999 No. 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" .
A citizen of the Russian Federation, vested with the powers of the Governor of St. Petersburg for a period of 5 years, takes office after taking the following oath:
“I, ..., assuming the office of Governor of St. Petersburg, swear to abide by the Constitution of the Russian Federation and federal laws, the Charter
Petersburg and the laws of St. Petersburg, respect and protect the rights and freedoms of man and citizen, by all means contribute to the prosperity of the city and the well-being of its inhabitants.
The Governor of St. Petersburg exercises the following powers:
1) represents St. Petersburg in relations with federal government bodies, government bodies of its subjects, local governments and in the implementation of foreign economic relations, while having the right to sign contracts and agreements on behalf of the city;
2) signs or rejects the laws of St. Petersburg adopted by the Legislative Assembly;
3) have the right to demand the convocation of an extraordinary session of the Legislative Assembly, as well as to convene the newly elected Legislative Assembly for the first session;
4) have the right to participate in the work of the Legislative Assembly;
5) exercise the right of legislative initiative in the Legislative Assembly of St. Petersburg;
6) forms and heads the government of St. Petersburg, conducts meetings, having the right of a decisive vote, signs legal acts, and also decides on the resignation of the government;
7) submit to the Legislative Assembly of St. Petersburg the budget of the city of the program of socio-economic development and reports on their implementation;
8) appoints a member of the Federation Council of the Federal Assembly of the Russian Federation - a representative from the government of St. Petersburg;
9) appoints half of the members of the St. Petersburg Electoral Commission;
10) have the right to cancel legal acts of the government of St. Petersburg in case they contradict the Constitution of the Russian Federation, federal law, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, the charter of St. Petersburg, laws of St. Petersburg, legal acts of the governor of St. Petersburg;
11) exercise other powers in accordance with federal laws, the charter and laws of St. Petersburg;
12) ensures the coordination of the activities of the executive bodies of state power of St. Petersburg with other bodies of state power, as well as interaction with federal executive bodies, local governments and public associations.
What are the limits for a governor?
The governor cannot be at the same time a deputy of the legislative body of state power of a constituent entity of the Federation, a local self-government body; cannot engage in any other paid position, except for teaching, scientific and other creative activities.
The powers of the governor terminate on the day the new governor takes the oath.
The powers of the governor in accordance with federal law are terminated early in the event of:
1) death;
2) removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the Legislative Assembly of St. Petersburg;
3) resignations of their own free will;
4) removal from office in connection with the loss of confidence of the President of the Russian Federation for improper performance of their duties, as well as in other cases provided for by the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation";
5) recognition as incapable or partially incapacitated by a court decision;
6) recognition as missing or declared dead by a court decision;
7) entry into legal effect guilty verdict of the court;
8) travel outside the Russian Federation for permanent residence;
9) loss of citizenship of the Russian Federation.
The Legislative Assembly of St. Petersburg has the right to express no confidence in the governor in the following cases:
a) issuance by him of acts that contradict the Constitution of the Russian Federation, federal laws, the charter and laws of St. Petersburg, if such contradictions are established by the court, and the governor does not eliminate these contradictions within a month from the date of entry into force of the court decision;
b) another gross violation of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, the charter and laws of St. Petersburg, established by the court, if this entailed a massive violation of the rights and freedoms of citizens;
c) improper performance by the governor of his duties.
Government of St. Petersburg - permanent
the highest executive body of state power in St. Petersburg, formed for preliminary consideration of the most important issues assigned to the competence of the administration of St. Petersburg. Government decisions are advisory in nature and are documented in protocols.
The composition of the government of St. Petersburg cannot exceed 15 people.
The government includes: the Governor of St. Petersburg, the Vice Governor, who provides organizational, legal, informational and logistical support for the activities of the Governor and the Government of St. Petersburg - the Head of the Administration of the Governor of St. Petersburg, at least six Vice Governors responsible for resolving issues:
Economic development of the city, tax, financial, industrial and scientific and technical policy, state property management;
Social and demographic policy, social protection, healthcare and sanitary and epidemiological welfare of the population, environmental protection;
Urban economy, housing policy, improvement, transport, communications, energy, nature management;
Capital construction and reconstruction of real estate, road construction, architecture and urban planning, land policy;
science policy, higher education, general, vocational and preschool education, culture, mass media, youth policy, physical education and sports;
Legality, law and order and security, foreign relations, tourism development, as well as in other areas determined by the Governor of St. Petersburg.
The government may include other persons: the representative of the governor in the Legislative Assembly; no more than two heads of territorial bodies of federal executive bodies.
Heads of organs and other officials are appointed to and dismissed by the governor for the term of his office. Exceptions may be provided for by the legislation of the Russian Federation. For example, the head of the Central Internal Affairs Directorate of St. Petersburg and the Leningrad Region is appointed as the Minister of Internal Affairs of the Russian Federation in agreement with the head of the Administration.
The Legislative Assembly of St. Petersburg participates in the formation of the composition of the Government by considering at its meetings the candidates nominated by the Governor for the above positions.
The resolution of the Legislative Assembly on the approval of the appointment of a candidate for the post of vice-governor is considered adopted if more than half of the elected deputies voted for it.
The Government of St. Petersburg performs the following functions:
1) takes measures to implement, ensure and protect the rights and freedoms of man and citizen, protect property and public order, and combat crime;
2) develops draft budgets, programs for the socio-economic development of the city;
3) preliminary considers draft laws on the introduction or abolition of taxes, exemption from their payment, changes in financial obligations, other draft laws of St. Petersburg, providing for expenses covered from the city budget;
4) ensures the implementation of the budget of St. Petersburg, prepares reports on its implementation and on the implementation of socio-economic development programs;
5) approves the list of the main managers of the city budget funds;
6) forms and heads other executive bodies of state power of the city, appoints and dismisses their heads;
7) manages and disposes of city property, as well as federal property transferred to St. Petersburg for management in accordance with federal laws and other regulatory acts of the Russian Federation;
8) has the right to propose to a local self-government body (LSG), an elected or other official, to bring the charter of St. Petersburg, laws and other regulatory legal acts into line with the legislation of the Russian Federation, and also has the right to go to court;
9) have the right to cancel legal acts of other executive bodies of state power of the city that contradict the Constitution of the Russian Federation, federal laws and the charter of St. Petersburg;
10) have the right to suspend the operation of legal acts of other executive bodies of state power of St. Petersburg;
11) establishes and liquidates organizations, appoints and dismisses their leaders.
The Government of St. Petersburg exercises other powers established by federal laws, the charter and laws of the city.
Meetings of the government of St. Petersburg are held in the manner prescribed by the regulations of the government. A meeting of the government is considered competent if more than half of its appointed members are present.
The meetings of the government are chaired by the governor, and in his absence, by the person acting in his capacity.
Vice-governors and other members of the government participate in its meetings in person, and if participation is impossible, they inform the governor's administration about this.
At government meetings, decisions are taken by a majority vote of the members of the government present. In case of equality of votes, the chairperson's vote is decisive.
The structure of executive authorities Contents of the work: Introduction. 3 1. The concept of administrative legal relations. 3 2. Executive authorities of the republic within the Russian Federation. 9 2.1. Territorial, regional administration. 13 2.2. local administration. 16 Conclusion 19 References: 21 Introduction. Executive authorities play leading role in the system of administrative law. First of all, it should be pointed out that administrative law is an independent branch of the Russian legal system. Branches of law differ from each other in the subject and method of legal regulation. In particular, civil law regulation of civil legal relations (property and related personal non-property rights), criminal law - regulation of relations related to crime and punishment The very concept of executive power in Russia, its structure underwent a number of serious changes both in the course of “perestroika” and in the formation of a market state. 1. The concept of administrative legal relations. Administrative-legal relations are a kind of legal relations, diverse in nature, legal content, and their participants. They are characterized by all the main features of any legal relationship, such as: the primacy of legal norms, as a result of which the legal relationship is the result of the regulatory impact on this social relationship of this legal norm, giving it a legal form; regulation by the legal norm of actions (behavior) of the parties to this relationship; correspondence of mutual obligations and the right of the parties to the legal relationship, determined by the norm, etc. However, it is necessary to single out some features that complement this general characteristic and can serve as a basis for distinguishing administrative-legal relations from other types of legal relations. These features include: . the rights and obligations of the parties to these relations are related to the activities of the executive bodies of the state and other subjects of executive power; . always one of the parties in such relations is the subject of administrative power (body, official, non-governmental organization, endowed with state powers); . administrative legal relations almost always arise at the initiative of one of the parties; . if there has been a violation of the administrative-legal norm, then the violator is liable to the state; . Dispute resolution between the parties is usually carried out in an administrative manner. . administrative legal relations are relations of power built on the basis of "power-subordination", where there is no equality of the parties. The sign of subordination is dominant in such relations, since it is predetermined by the most important priorities of public administration. Summarizing the above, we can give the corresponding concept of an administrative legal relationship, as a managerial public relationship regulated by an administrative legal norm, in which the parties act as bearers of mutual rights and obligations established and guaranteed by the administrative legal norm. Organizational and legal forms of the central bodies of the federal executive power of Russia and their legal status. In the autumn of 1992, the system and structure of the central bodies of federal executive power, by decision of the President of the Russian Federation, was subjected to another, but unprecedented in scale, simultaneous reorganization and restructuring. Many previously existing ministries, state committees and committees were either merged or renamed, or even simply abolished. This was carried out, as stated in Decree of the President of the Russian Federation of September 30, 1992 No. 1148, “in order to form a rational structure of the central bodies of federal executive power that meets the current stage of radical economic reforms, decentralization of power, greater independence of local bodies, including in the implementation of reforms. ". Decrees of the President of the Russian Federation dated September 30 and November 12, 1992 No. 1147 and No. 1355 established that the organizational and legal forms of the central bodies of federal executive power are: 1) the Ministry of the Russian Federation; 2) the State Committee of the Russian Federation; 3) Committee of the Russian Federation; 4) Federal Service of Russia; 5) Russian Agency; 6) Federal Inspection; 7) Federal supervision of Russia. The same Decree determined the organizational and legal status of the links of the central bodies listed above. The Ministry of the Russian Federation is the central body of the federal executive power that manages the branch of administration or field of activity entrusted to it. The minister is ex officio a member of the Government of the Russian Federation and manages the sphere of activity entrusted to him on the basis of unity of command and bears personal responsibility for the performance of the functions assigned to the ministry. The State Committee of the Russian Federation is the central body of the federal executive power, carrying out intersectoral regulation on the basis of collegiality. The Chairman of the State Committee is ex officio a member of the Government of the Russian Federation. Decisions of the state committee on intersectoral issues of a general normative nature are taken jointly by the members of the committee and are formalized in the form of a resolution. Members of the State Committee are approved and dismissed by the Government of the Russian Federation. The operational management of the functions assigned to the state committee is carried out by the chairman of the state committee on the principles of unity of command, his decisions are formalized by order. The Committee of the Russian Federation is the central federal executive body responsible for state regulation and intersectoral coordination on issues within its jurisdiction. The Chairman of the Committee of the Russian Federation is not a member of the Government of the Russian Federation. The federal service, the Russian agency, the federal inspectorate are the central bodies of the federal executive power, exercising special executive, control, licensing or supervisory functions. The heads of these bodies are also not ex officio members of the Government of the Russian Federation. It has been established that committees, federal services, Russian agencies and federal inspectorates, acting independently within the limits of their competence, cannot be members of ministries and state committees or be subordinate to them. The fact is that the branches and spheres of management entrusted to committees, services, agencies and inspectorates are separate, specific, and completely independent. In the past, they were headed by certain ministries, state committees or other departments. However, under the conditions of the sovereign existence of the Russian Federation, the scale of these industries, areas and the volume of management activities have significantly narrowed. Therefore (along with other factors) their management is entrusted not to ministries and state committees, but to new central bodies in their composition and organizational and legal status - committees of the Russian Federation, federal services of Russia, Russian agencies, federal inspections. The federal supervision of Russia carries out state regulatory regulation of security issues within its competence, as well as special licensing, supervisory and control functions. Supervision in Russia is managed on the basis of unity of command by its chairman, who, by virtue of his position, is also not a member of the Government of the Russian Federation. At the same time, in order to improve the legal status of state oversight bodies, strengthen the role and increase the effectiveness of its supra-departmental oversight activities in the context of economic reform, it was established that the chairmen of federal oversight bodies are appointed and dismissed by the President of the Russian Federation. Regulations on federal supervision are also approved by the President of the Russian Federation. This is the currently established system of organizational and legal forms of the central bodies of federal executive power. We can hope that this system will finally stabilize and take hold for a long time. The society is interested in this, as it was correctly noted in the press, which is pretty tired of the largely fussy organizational leapfrog that has been observed, especially in the last three years. "Global restructuring" of management systems and structures, firstly, is very expensive, and secondly - and this is the main thing - they destabilize management, sharply reduce its competence and efficiency. That is why the problem of stabilizing the administrative system was so sharply discussed in December 1992 at the 7th Congress of People's Deputies of the Russian Federation and at the 5th session of the Supreme Soviet of the Russian Federation with the participation of the President of the Russian Federation and his representatives. Attribution of the right to form, reorganize and abolish the central bodies of the federal executive power to the competence of the Supreme Council of the Russian Federation. If until December 1992 this right belonged to the President of the Russian Federation, using which he single-handedly carried out a large-scale reorganization of the entire system of central government in September 1992, now this can only be done by decision of the Supreme Council of the Russian Federation. In Art. Articles 21, 22 of the Law of the Russian Federation On the Council of Ministers of the Russian Federation states: “Ministries, state committees and departments of the Russian Federation are formed, reorganized and abolished by the Supreme Council of the Russian Federation ... The list of ministries, state committees and departments of the Russian Federation is approved and changed by the Supreme Council of the Russian Federation. ..” The Supreme Council of the Russian Federation decides these issues at the suggestion of the President of the Russian Federation, which is now provided for in Art. 121.5, clause 6.1 of the Constitution of the Russian Federation: The President "submits proposals to the Supreme Council of the Russian Federation on the formation, reorganization and abolition of ministries, state committees and departments of the Russian Federation." These decisions will greatly contribute to a more prudent and informed approach to reorganizations, especially large-scale ones. In this regard, the President of the Russian Federation canceled paragraph 7 of his Decree of September 30, 1992 No. 1147, according to which the right to “create” ministries, state committees and other executive authorities was assigned to the President of the Russian Federation. According to the new wording of paragraph 9 of Art. 109 of the Constitution of the Russian Federation, the Supreme Council of the Russian Federation “establishes the procedure for the organization and activities of the federal bodies of legislative, executive and judicial power; establishes the general principles for organizing the system of bodies of representative and executive power on the territory of the Russian Federation”. Provision is made for the publication of the Law of the Russian Federation on the central bodies of state administration, which will determine the competence, organization and activities of ministries, state committees and other bodies subordinate to the Council of Ministers of the Russian Federation. 2. Executive authorities of the republic within the Russian Federation. In accordance with the Constitution of the Russian Federation (Chapters 15.1 and 16), the system of executive authorities of a republic within the Russian Federation includes: 1. The head of the executive authority (President) of the republic within the Russian Federation; 2. Council of Ministers of the republic within the Russian Federation; 3. Local government bodies of the republic, the system of which is determined by the Constitution of the republic, taking into account specific national characteristics, historical and local traditions. The head of the executive power of a republic within the Russian Federation is the highest official of the republic and the main executive power in the republic within the Russian Federation. It is part of the unified system of executive power of the Russian Federation and acts as a guarantor of the rights and freedoms of the individual, observance of the Constitution and laws of the Russian Federation, constitutions and laws of the republic within the Russian Federation, protects the sovereignty, economic and political interests of the Russian Federation and the republic within the Russian Federation (Art. 132.2 of the Constitution of the Russian Federation). The powers, the procedure for the election and activities of the heads of executive power (Presidents) of the republics within the Russian Federation are determined by the Constitutions and laws of the republics within the Russian Federation (Article 132.2 of the Constitution of the Russian Federation). The Council of Ministers of the Republic within the Russian Federation - the Government of the Republic within the Russian Federation - is the highest executive and administrative body of state power of the Republic. It is formed by the Supreme Soviet of the Republic within the Russian Federation. The chairmen of the Councils of Ministers of the republics are ex officio members of the Council of Ministers of the Russian Federation (Article 123 of the Constitution of the Russian Federation). The Council of Ministers of the Republic unites and directs the work of ministries, state committees of the Republic within the Russian Federation, and other bodies subordinate to it. Issues resolutions and orders on the basis of and in pursuance of the laws of the Russian Federation and the laws of the republic, as well as resolutions and orders of the Council of Ministers of the Russian Federation. Checks the execution of its decisions and orders. The Council of Ministers of the Republic has the right, within its competence, to cancel acts of ministries, state committees of the Republic, other bodies subordinate to it, as well as decisions and orders of the executive committees of district and city Soviets of People's Deputies of the Republic. Ministries, state committees of a republic within the Russian Federation manage the branches of government entrusted to them or carry out intersectoral management, reporting both to the Council of Ministers of a republic within the Russian Federation and to the corresponding ministry or state committee of the Russian Federation. Local governments of the republic within the Russian Federation are very diverse. Each of the republics within the Russian Federation establishes its own system of local self-government, based on the interests of the population, its historical, national-ethnic and other characteristics. At the same time, in the republics within the Russian Federation, the provisions formulated in the Law of the Russian Federation of July 6, 1991 “On Local Self-Government in the RSFSR” are widely used. Executive authorities of the territory, region, autonomous region, autonomous district and city of federal significance. According to the Constitution of the Russian Federation (Article 136.3), the executive body of the territory, region, autonomous region, autonomous district, city of federal significance is, respectively, the regional administration, the administration of the autonomous region, autonomous district, cities of federal significance, which is accountable to the relevant Council of People's Deputies and the higher executive authorities. The activities of the regional, regional administration, administration of an autonomous region, autonomous district, city of federal significance are managed on the basis of the principle of unity of command by the head of the administration (Article 136.5 Part 1 of the Constitution of the Russian Federation). The powers, the procedure for the formation, organization and activities of the territorial, regional administration, the administration of the autonomous region, the autonomous district and the city of federal significance are established by the law of the Russian Federation. Acts of a territorial, regional administration, administrations of an autonomous region, an autonomous district, a city of federal significance that are contrary to the law may be canceled by the relevant Council of People's Deputies, a higher executive body or a court in accordance with the legislation of the Russian Federation. The administrations of territories, regions and autonomous entities interact with representatives of the President of the Russian Federation. At the same time, the administrations of territories and regions have the right, in agreement with the Government of the Russian Federation, to establish representative offices of administrations under the Government of the Russian Federation. 2.1. Territorial, regional administration. Organizational bases of activity of regional, regional administration. The fundamentals of the organization and activities of the regional and regional administration, its competence are regulated in detail by the Law of the Russian Federation of March 5, 1992 "On the regional, regional Council of People's Deputies and the regional, regional administration." Territorial, regional administration, being the executive body of state power (organ of state administration) of the territory, region, is accountable to the regional, regional Council of People's Deputies and together with it provides: implementation of common affairs of the region, region and tasks of socio-economic development; . local implementation of the laws of the Russian Federation, acts adopted by the President of the Russian Federation and the Government of the Russian Federation; . communication between state authorities and administration of the Russian Federation and local governments; . involvement of the population, public associations in the management of the region, region. The krai, region have their own Charter, which, on the basis of the Constitution and laws of the Russian Federation, establishes the scheme for managing the krai, region, specifies the structure, functions and powers of the Council and administration, the rights and obligations of their leaders, forms of participation of citizens in the activities of the regional, regional Council, regional, regional administration. The body of state power and administration of the territory, region ensures participation in the activities of the highest bodies of state power and administration of the Russian Federation. The Territorial, Regional Council has the right to initiate legislation at the Congress of People's Deputies of the Russian Federation and in Supreme Council RF. Territorial, regional administration, as well as the regional Council, have the right to submit for consideration by the President of the Russian Federation and the Government of the Russian Federation draft acts, the adoption of which is within the competence of the President of the Russian Federation and the Government of the Russian Federation. The structure of the regional, regional administration includes: 1) Head of the regional, regional administration; 2) bodies of the regional, regional administration. The head of the regional, regional administration manages the activities of the regional, regional administration on the principles of unity of command and is responsible for the proper implementation of its powers. The head of the regional, regional administration, on issues within his jurisdiction, adopts resolutions and issues orders. The heads of the bodies of the regional and regional administrations issue orders within their competence. Acts of the regional, regional administration come into force from the moment of their signing, unless otherwise specified in the act itself. Acts of the regional and regional administrations cannot establish obligations for citizens that are not provided for by the Constitution of the Russian Federation and the laws of the Russian Federation. The acts of the regional, regional administration, adopted within its competence, are binding on all enterprises, institutions, organizations, officials and citizens located on the territory of the region, region. The bodies of the regional, regional administration are created in accordance with the scheme fixed in the Charter of the territory, region and on the basis of resolutions of the head of the regional, regional administration. According to the Law on the Territorial, Regional Council of People's Deputies, Territorial, Regional Administration (Article 38, paragraph 1), committees, departments, departments and other structural units directly subordinate to the head of administration are created as part of the regional, regional administration. Heads of territorial, regional financial and social protection authorities are appointed and dismissed by the head of the regional, regional administration with subsequent approval by the regional Council. The heads of the regional, regional internal affairs body, the committee for property management of the territory, region, are appointed and dismissed, respectively, by the Minister of Internal Affairs of the Russian Federation, the chairman of the State Committee of the Russian Federation for state property management in agreement with the head of the regional, regional administration and subsequent approval by the regional, regional Council . Other officials of the bodies of the regional, regional administration are appointed and dismissed by the head of the administration independently, unless otherwise provided by the legislation of the Russian Federation. The powers, responsibility, and procedure for the activities of the regional, regional administration are defined in detail by chapters 7-9 of the Law on the regional, regional Council of People's Deputies and the territorial, regional administration of 1992. 2.2. local administration. According to the Constitution of the Russian Federation (Article 138) and Art. 1 of the Law of the Russian Federation of July 6, 1991 "On Local Self-Government in the RSFSR", local (territorial) self-government is understood as a system for organizing the activities of citizens for the independent (under their own responsibility) resolution of issues of local importance, based on the interests of the population, its historical, national-ethnic and other features. Local self-government is carried out within the boundaries of districts, cities, districts in cities, towns, village councils, rural settlements. The system of local self-government includes: 1) representative bodies of power - local Soviets of People's Deputies; 2) executive management bodies - local administration; 3) local referendums, meetings (gatherings) of citizens, other territorial forms of direct democracy; 4) bodies of territorial public self-government of the population. Local self-government ensures that citizens independently resolve all issues of local importance through bodies elected by them or directly, the implementation of decisions of higher state authorities adopted within their competence, based on the interests of the population, on the basis of material and financial resources assigned to self-government bodies. Within the limits established by law, the district, city councils adopt, and the settlement, village councils can adopt the regulation (charter) on local self-government in the territory under their jurisdiction, which specifies the functions, work procedure, system and structure of local authorities and administration, delimitation of powers between them, the organization of territorial public self-government of the population. Citizens are guaranteed full rights to participate in local self-government. Local Soviets of People's Deputies and the relevant governing bodies are endowed with their own competence, which can only be changed by the law of the Russian Federation (Article 139 of the Constitution of the Russian Federation). Local administration - the executive body of government in a district, city, district in a city, township, village council. The local administration exercises executive and administrative functions on the basis of and in pursuance of the laws of the Russian Federation and the laws of the republics within the Russian Federation, acts of the President of the Russian Federation and the Government of the Russian Federation, decisions of regional and regional bodies of state power and administration, decisions of local Councils adopted within their powers. The local administration ensures the rights and legitimate interests of local governments and citizens. The local administration is accountable to the relevant local council, as well as to higher executive and administrative bodies within their competence. The decisions of the local administration, taken within its competence, are binding on all enterprises, institutions, organizations, local governments and citizens located in the territory under their jurisdiction. Such decisions cannot be canceled by other bodies of state power, administration and self-government. The local administration has the right to file a claim with a court or arbitration court for the invalidation of acts of state administration bodies, local self-government bodies, enterprises, institutions, organizations, public associations that violate the rights and legitimate interests of citizens living in a given territory, and to suspend the execution of these acts until adoption decision by a court or arbitral tribunal. In cases of natural disasters, ecological catastrophes, epidemics, epizootics, fires and violations of public order, the local administration has the right and is obliged to carry out the measures provided for by law to ensure the personal safety of citizens, protect their rights and legitimate interests, and protect all forms of property. Supervision over compliance with the law in the activities of the local administration is carried out by the Prosecutor General of the Russian Federation and prosecutors accountable to him. Decisions of the local administration, its bodies and officials, which are contrary to the legislation of the Russian Federation and the republics within the Russian Federation, are subject to protest by prosecutors. The protest is submitted to the head of administration with the notification of the higher Council. If the protest of the prosecutor is not considered within ten days or is rejected by the head of the local administration, the prosecutor has the right to apply to the court. The organizational structure of the local administration, as well as the amount of expenses for its maintenance, are approved by the relevant Council. The structure of the local administration includes: 1) the head of the local administration; 2) bodies and structural subdivisions exercising the functions of sectoral and intersectoral management in a district, city, district in a city, large settlement, large village council. In a small settlement, rural administration, the functions of sectoral management may be assigned to officials appointed by the head of the administration. The head of the local administration directs the activities of the local administration on the principles of unity of command. The specific title of the position of the head of administration is established by the relevant Council, based on local traditions, and is fixed in the regulation (charter) on local self-government. The powers of the head of the local administration, established by Art. 31 of the Law on Local Self-Government are very diverse and wide enough. The head of the local administration submits to the relevant Council an annual report on the activities of the local administration. An important authority of the head of the local administration is his right to open and close accounts in banking institutions, manage the funds of the local administration, and sign financial documents. The bodies and structural subdivisions of the local administration are subordinate to the head of the local administration on all issues of their activities. At the request of the Council or its chairman, the head of the body or structural unit of the local administration is obliged to submit a report at the session or at the meeting of the permanent commission on the state of affairs in the area under his supervision. Conclusion Social management is impossible without authority, that is, the will of the state, regardless of whether it is represented by one person or a collegial body. Speaking about the management of the affairs of society, one should single out such an independent area as management state affairs carried out by all organs of the state. Among them, the legislation highlights special group- bodies of state administration, which are specially created for the implementation of this type of state activity. The apparatus exercising state administration is built and functions in accordance with socio-political and organizational principles. Defining “public administration”, it is necessary to give the entire list of its features, which will allow us to consider it as an organizing, executive and administrative activity of state bodies, carried out on the basis of and pursuant to laws and consisting in the daily practical implementation of the functions of the state. References: 1. Constitution of the Russian Federation 2. Decree of the President of the Russian Federation of September 30, 1992. "On the system of central bodies of federal executive power" 3. Decree of the President of the Russian Federation of September 30, 1992. "On the structure of the central bodies of the federal executive power" 4. Law of the Russian Federation of March 5, 1992. "On the Territorial, Regional Council of People's Deputies and the Territorial, Regional Administration" 5. Law of the RSFSR of July 6, 1991. "On local self-government in the Russian Federation" 6. Bazhenov V.O. Administrative law - M. BEK 1999 7. Kolibaba G.N. Modern administrative law of Russia: ways of its knowledge. Textbook - M. 1993
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State- a very complex and multifaceted social education. It can be considered both as a geographical and as a social phenomenon. Geographically In a sense, a state is a country that occupies a certain territory and is inhabited by its citizens. In a social sense the state acts as an organization created by people and carrying out certain activities in the field of social relations. As a social organization, the state can be considered in three aspects: 1) as a product of the whole society and its organic part;
2) as an instrument of a certain class, stratum of the population or clan (family);
3) as an independent organization endowed with certain rights and obligations.
Currently, there are two main approaches to the interpretation of the essence of any state.
First approach(so-called class) lies in the fact that the essence of the state is defined as the expression of the interests and will of the economically dominant class and the imposition of the will of this class on the entire society. This approach is inherent in the Marxist understanding of the state, which is seen as a class organization of those who are in power and carry out organized violence against other classes of society.
Consequently, the state is interpreted as an apparatus of violence, coercion, suppression, and its essence is the dictatorship (domination) of the economically dominant class
Second approach comes from general social the essence of the state, its purpose to serve society. Accordingly, the essence of the state is seen in its ability to unite the whole society, resolve emerging contradictions and conflicts, act as a means of achieving social harmony and compromise.
State is a political-territorial organization of society and its public, sovereign and legitimate authorities, ensuring security, promoting the development of freedom and well-being of both society as a whole and its constituent parts.
Signs of state-va: Territory, taxes, language, currency, army, population, constitution, state. Symbolism and the capital, sovereignty (this is independence and independence in decision-making, there are 2 types Internal and External)
Internal sovereignty - lies in the fact that the state, in the person of its bodies, independently decides all issues relating legislation to its competence.
External - represents the independence of a given state from other states or other foreign structures and the inadmissibility of interference in the affairs of a state in the adoption by its bodies of legal decisions concerning other states and international relations in general.
The main purpose of the state is to serve society. To this end, the State must:
1) establish a certain order in society and maintain it up to the use of coercion;
2) ensure social peace and stability in society, acting as a kind of social arbiter in relations between different groups, strata of society in the event of a clash of their interests, moderate these clashes and achieve a certain social compromise;
3) to ensure the security of society from criminal encroachments within the country, as well as from external enemies and aggression;
4) protect the individual from arbitrariness, create normal living conditions for all members of society, regardless of their direct participation in the production of goods, take care of the socially weak strata and groups of the population, i.e. be social;
5) act as an integrating force for society, i.е. to seek peace and harmony in society, to take care of the development of culture, education, art, health care, i.e. to be, according to I.A. Ilyin, a “spiritual community”.
Ideally, the purpose of the state is to serve a person, to create the necessary conditions so that he can develop as much as possible and show his abilities and talents, since a person is the highest of all the values of the world. In reality, the relationship between the state and the individual is contradictory; relations of alienation have been created between them throughout the history of mankind. Therefore, to force the state to serve a person is not an easy task.
The role of the state in the life of society is reduced to its main functions.
TO internal functions covering the sphere of the internal, independent life of the state, directly related to each member of society, include the following types of functions:
Protective.
Economic.
Social.
Cultural and educational.
Conservation.
TO external functions aimed at ensuring the existence of the state in world society include:
Protecting the state from armed attacks by other states.
Maintenance of international political relations (diplomatic activity), economic and cultural relations.
Fight against international crime.
Participation in international environmental protection.
The concept and main features of the state. Government.
Marxist theory considers the state based solely on its class nature and sees its purpose in the implementation of organized violence of one class (economically dominant) over others (exploited). in order to keep other subordinate classes in obedience to one class.
The features of a state are:
1) the presence of public political power, which has a special apparatus of control and coercion;
2) the territorial organization of the population;
3) state sovereignty;
4) comprehensive, obligatory nature of acts of the state;
5) the presence of the state treasury, which is associated with taxation and the collection of taxes and other funds for the maintenance of the state apparatus and the various needs of the state.
These features constitute the political and legal characteristics of the state.
Sometimes, among the main features of the state, they indicate a single language of communication, the presence of an army, as well as a unified system of defense and foreign policy, etc. However, these features cannot be attributed to the most important ones. They are rather auxiliary, additional.
Public political power is one of the main features of the state. Recall that power in primitive society was not of a political nature, since the tribal community was not differentiated according to the interests and needs of its members. They were the same for everyone and boiled down to two most important ones: the survival and reproduction of mankind. And only with the differentiation of society do various interests appear among various groups, strata, classes, and the regulation of these interests means politics. Acting as an arbiter between different layers, groups, the state acquires a political character. But it does not represent the power of the whole society, but stands above society, is separated from it, acquires independence in relation to other sources of power. Regardless of who is entrusted with the exercise of power - an individual (monarch, president) or any body, they act on behalf of the state, as its bodies, representatives who perform public functions.
State power is exercised by a complex of institutions, special services, bodies that form the state apparatus. This device has the following features:
a) is specially created for the management of society;
b) has power up to the use of coercion;
c) the right to adopt generally binding acts;
d) the presence of a special layer of people for whom work in the state apparatus serves as a profession.
So, state is primarily a political organization that unites all
a society designed to manage its affairs, eliminate emerging social conflicts, ensure law and order and a certain regime of power. When exercising political public power, the state uses various means and methods of management, among which a special place is occupied by the ability to use coercion. To do this, the state has special institutions - the army, courts, police, prisons, etc., which have the right to legally (on a legal basis) use coercion against anyone who does not obey the instructions of state power.
It should be emphasized that the political public power is primary, i.e. the state acquires its strength in the conditions of social development, those processes that occur as the state form of organization of society is formed.
Territorial organization of the state differs from the territory in which the primitive community lived, primarily in that state borders appear
They not only mark the transition to a settled way of life, but also outline the limits of the exercise of state power, its jurisdiction. At the same time, state borders mean the territorial inviolability of the country: any change in state borders without the consent of state authorities or violation of borders is regarded as an act of aggression. Consequently, the territorial ties of the primitive community in the conditions of a state-organized society are transformed into a strong territorial organization of the population, into its division along administrative-territorial lines.
But not only the population is divided along territorial lines, but the state power itself is organized on the basis of this sign. Hence, the bodies of the state apparatus, as a rule, have territorial limits for the exercise of their powers and manage certain administrative-territorial units.
state sovereignty means the supremacy of state power within the country, i.e. its independence in determining the content of its activities, its full rights in establishing the mode of life of society within its territory and independence in relations with other states. In the legal literature, it is customary to single out three main properties of sovereignty: supremacy, independence and unity.
Supremacy presupposes the full power of the state in its territory. No other power has the right to appropriate the functions of state power, hence it follows that the state:
a) extends its power over the entire territory of the country;
b) defines the whole system of legal relations;
c) establishes the legal status of various organizations, associations, the framework for the behavior and actions of individuals and legal entities;
d) regulates the rights, freedoms and duties of an individual;
e) regulates the competence of state bodies and the powers of officials, etc.
Supremacy, however, does not mean unlimited state power. In a democratic society, state power is limited by rights and based on law.
Independence state power means its independence in relations with other states, including international organizations. But this independence is not absolute. As a member of the world community, any state is influenced by the norms and principles of international law. In particular, the sovereignty of modern states is self-limited the need to observe the natural inalienable rights of man, as well as the mutual obligations of states under international treaties. In other words, any state has the right to independently determine its foreign policy. At the same time, it is bound by the agreements he voluntarily signed, the universally recognized principles and norms of international law.
Unity state sovereignty implies that it belongs to the state as a whole, indivisible between its parts and individual territorial units, for example, between the federation and its subjects.
Comprehensive obligatory nature acts of the state is determined by the exclusive powers of the state in the field of lawmaking, i.e. the right to adopt, change or repeal legal norms that apply to the entire population of the country. Only the state, by means of obligatory acts, can establish the legal order in society and force its observance.
Normative legal and other legal acts (for example, decisions of courts, administrative bodies) are one of the most important forms of state activity, a fundamental way of exercising state power. Thus, state power is introduced into a certain framework, it is given a legal character.
Legal regulations regulate the organization of the state apparatus, its structure, scope of competence, methods and methods of activity. Legal regulation introduces concreteness, certainty into the status of an individual, associations of citizens, their rights, obligations, general rules behavior.
State power manifests itself primarily through the normative legal regulation of social relations. Legal acts establish legal ties between the state and members of society, between different elements of society, i.e. its legal organization takes shape.
state treasury is one of the key features of the state, since the maintenance of the state apparatus, the development of the economy, culture, and the maintenance of the life of society are impossible without their financing from the state treasury. In the literature, this feature of the state is sometimes called taxation and levying taxes. However, taxes are only one of the sources of state revenue, although a very important one. The concept of the state treasury is much broader and includes, in addition to taxes and obligatory payments, state loans, internal and external loans, customs duties, securities, currency values, gold reserves, etc.
Taking into account the above features state can be defined as a power-political organization of society, which has state sovereignty, a special apparatus of control and coercion, the state treasury and establishes the legal order in a certain territory.
Other definitions are given in the educational literature. For example, state- this is a political organization of society, ensuring its unity and integrity, carrying out through the state mechanism the management of the affairs of society, sovereign public authority, giving law a universally binding significance, guaranteeing the rights, freedoms of citizens, law and order (Prof. V.M. Korelsky). Another definition: " State- this is the organization of political power, necessary for the fulfillment of both purely class tasks and common affairs arising from the nature of any society” (Prof. M.I. Baitin). State defined as well as a public organization with supreme power in a certain territory (Prof. V.V. Lazarev and Associate Professor S.V. Lipen).
Each of the above definitions has the right to exist, although it is hardly possible to recognize any of them as perfect.
Social power is of two types - non-political and political (state).
State power arises simultaneously with G and is its integral attribute. State power is the political leadership of society carried out with the help of the bodies of G and other state institutions in the interests of either the people, or classes, or social groups. An important feature of state power is that state power is social public power - the most important type of social power.
Being a kind of social power, state power has all the signs of the latter (social power as an integral and necessary element of human society. It gives society integrity, manageability, serves as the most important factor in organization and order. Social power is a systematizing element that ensures society's viability. Under the influence of power social relations become purposeful, acquire the character of managed and controlled relations, and the joint life of people becomes organized.Thus, social power is an organized force that ensures the ability of one or another social community, a ruling subject - clan, group, class, people - to subordinate to its will subject people using various methods, incl.
coercion method).
State power has many qualitative features, the most important feature of state power lies in the political and class nature. In the scientific literature, the terms "state power" and "political power" are identified. State power is always political and contains an element of class.
State and non-governmental organizations in the political system of society.
The political system of society or political organization of society- a set of interactions (relations) organized on a single normative-value basis political subjects associated with the exercise of power ( government) and control society.
PSO- a set of state and non-state institutions through which political power and management of society is exercised.
The political system of a particular society is determined by its class nature, social system, form of government (parliamentary, presidential, etc.), type of state (monarchy, republic), nature of the political regime (democratic, totalitarian, despotic, etc.), socio-political relations (stable or not, moderately or acutely conflict or consensus, etc.), the political and legal status of the state (constitutional, with developed or not developed legal structures), the nature of political, ideological and cultural relations in society (relatively open or closed ones), the historical type of statehood (centralist, with hierarchical bureaucratic structures, etc.), the historical and national tradition of the way of political life (politically active or passive population, with or without blood ties, with developed or not developed civil relations etc.).
The place and role of the state in the political system of society are determined by the following main points:
firstly, the state plays an important role in improving society as the owner of the main tools and means of production, determines the main directions of its development in the interests of everyone;
secondly, the state acts as an organization of all citizens;
thirdly, the state has a special apparatus of control and coercion;
fourthly, the state has an extensive system legal means allowing the use of various methods of persuasion and coercion;
fifthly, the state has sovereignty;
sixth, the state has the unity of legislative, managerial and control functions, it is the only sovereign organization throughout the country.
Non-governmental organizations do not have such properties and functions.
The PSO includes the following subsystems (components):
institutional (organizational) subsystem - includes:
- political organizations(state, political parties and movements, some public organizations) - they are directly related to politics, their goal is to seize state power;
- non-political organizations(trade unions, cooperative organizations, creative unions, etc.) - influence political relations and processes;
- organizations that are the object of state influence, but they themselves are not subjects of political power (dog clubs, societies of numismatists, motorists, etc.);
- MASS MEDIA, who have a serious impact on the development of political processes in society, on the formation of political views, beliefs and positions of people, are active in political work, especially during election campaigns;
- Religious organizations in theocratic and clerical states, where one or another religion is the state;
human like primary element political system;
- LSG bodies, which are not government bodies, but are actively involved in the management of affairs of a local nature;
- Bodies of social partnership, which are created at different levels to regulate the relationship between the employee and the employer, to eliminate disagreements in the field of social and labor relations, etc.
regulatory (normative) subsystem - includes:
Legal norms and principles having a political content;
Corporate norms of a political nature;
Political traditions and customs;
Rules of political ethics.
functional subsystem - contains the main directions and forms of activity of the PSO, ways and means of influencing the political life of the country. PSO has its own functions:
political leadership of society and management of its affairs;
integration its purpose is to unite the various components of the political system;
a regulatory function designed to regulate political behavior and political relations in society through political norms and principles;
political and ideological, designed to put into practice certain concepts, theories, teachings, slogans that are attractive to the population, but expressing, above all, the interests of those in power.
communicative subsystem - involves relations both within the political system and outside, while relations both based on the rule of law and informal relations and processes, for example, informal relations between the state apparatus and business representatives, unions of industrialists, banks. This subsystem also includes the maintenance of international relations with political parties of other countries, international organizations, etc.
State- the central element of the political system (the political system of society appears only together with the state). The place and role of the state in the political system is determined by a number of its features and characteristics that put the state in a special position compared to other subjects of the political system.
Thus, the state is the only sovereign organization on the territory of the country. Other subjects of the political system do not have similar properties and powers. Their power extends only to members of this association, they do not have state sovereignty, their decisions concern only members of the association
State in the context of globalization.
The prerequisites for the processes of globalization were the information revolution, which provides the technical basis for the creation of global information networks, the internationalization of capital and the tightening of competition in world markets, the shortage of natural resources and the intensification of the struggle for control over them, the population explosion, as well as the increased technogenic burden on nature and the distribution of weapons. mass destruction, increasing the risk of a general catastrophe.
To answer the question about the fate of the state in the context of globalization, it is necessary to consider in detail the areas that the process of globalization covers - this is financial, socio-political, and environmental.
The most common definition is globalization as an objective process of rapprochement, internationalization, interdependence in all spheres of life of the countries and peoples of our planet.
The main sphere of globalization is the international economic system. but this carries a number of difficulties - due to the unequal pace of development and the capabilities of countries, interdependence and interpenetration can become a potential source of risks, problems and conflicts.
Scientific and technological revolution- the most important global factor that radically changes the entire structure of modern production and people's lives. The level of economic development, the place of the state in the world system, determine its intellectual potential, the possibility of forming a research infrastructure, investment in education and training.
Information revolution- has created a global information space, which is characterized by immeasurably large flows of information, the possibilities of its use, a gigantic impact on everything
life processes, consciousness and behavior of people. The struggle for the information space is becoming one of the most important factors in modern geopolitics.
Globalization is also expressed in interpenetration, mutual influence of cultures, civilizations, in strengthening standardization lifestyle, consciousness and behavior of people, education, etc.
Globalization also includes many other aspects of strengthening the interconnection and integration of human communities: increasing the role of supranational and transnational structures and participants in the system of international relations: churches, the UN and regional communities, TNCs, public organizations; priority of human rights and freedoms, universalization of legal norms, social standards, etc.
Globalization- the process of world economic, political and cultural integration and unification. The main consequence of this is the global division of labor, global migration of capital, human and production resources, standardization of legislation, economic and technological processes, as well as convergence and fusion of cultures. different countries. This is an objective process that is systemic in nature, that is, it covers all spheres of society. As a result of globalization, the world is becoming more connected and more dependent on all its subjects. There is both an increase in the number of problems common to groups of states, and an increase in the number and types of integrating subjects.
Globalization has an active influence on all parties (parts) legal system country, its static and dynamic elements. Expanding and deepening legal regulation, this is due to the complication of the subject of regulation. Under the influence of globalization, entire branches and institutions of law and legislation, such as space, nuclear, etc., have formed in the regulatory framework of the Russian Federation. The range of complex intersectoral structural formations of legislation has grown significantly, the most typical example of which is social legislation, legislation to combat crime, etc. Contrasting public and private interests both nationally and internationally. In the context of globalization new sources of law, which include the legal positions of the Constitutional Court of the Russian Federation, legal custom and business habits, etc. The role of the normative contract is growing. going on greening of law and developing environmental legislation. In the context of globalization, the dynamic elements of the legal system of Russia are also undergoing significant changes, related both to law-making and law enforcement and law enforcement. Changes in power and strength of influence on lawmaking various social factors. The role of the economic factor increases many times over, pushing into the background even such a powerful social factor as the political one. The international social factor hardly interacts with the national one in the course of lawmaking. Among the providing factors, the information factor, which largely replaces the organizational factor, comes to the fore. In the field law enforcement The most notable innovation should be considered the growing importance of the very mechanism for implementing legal norms and, accordingly, the development, differentiation and parallel unification of procedural legislation. going on harmonization of Russian legislation with the legislation of the CIS countries and Europe. Globalization has the most deforming effect on such an element of the legal system as sense of justice. The main value becomes the maximization of the freedom of the individual.
State in the context of globalization. Global market forces represented by transnational corporations and financial-industrial groups (TNCs) have a powerful influence. The increase in the power of TNCs weakens state power, because their credo is the state's minimum in the economy and social sphere. There is a growing number of non-state actors that perform functions that were previously the sphere of state activity. There is a huge number of international non-governmental organizations (religious, human rights, charitable, environmental) that influence public opinion and policy-making.
The concept and classification of the functions of the state.
G functions - the main direction of its activity, in which its essence is directly expressed
Signs (features) of G functions:
1) The most stable directions of its activity in the spheres of public life;
2) Always aimed at solving the most important tasks facing G;
3) During the implementation, special power-coercive means and methods of influence can be used.
The classification of functions is carried out on several grounds:
1) According to their duration:
Permanent(implemented by G throughout the entire time of its existence). For example, law enforcement;
Temporary(G are realized only at separate stages of its development). For example, the function of waging wars to capture slaves.
2) According to the territory of their implementation:
Internal functions(within territory D). For example, the function of ensuring the search for social compromise;
External(implemented through interaction with other G; in the international arena). For example, the function of maintaining world order, the function of cooperation with other countries, the defensive function.
3) By scope:
Economic(in the economic sphere); Social(in the social sphere); Political(in the cratosphere); Ideological(in the spiritual realm).
4) IN depending on the main implementation method:
Lawmaking(legislative) - creation, establishment of legal norms;
Executive(executive-administrative) - consists in the management of specific social relations on the basis of the rule of law;
Judicial(law enforcement) - consists in resolving legal disputes that arise between participants in legal relations: a function to protect the rights and freedoms of subjects of legal relations.
5) By the nature of the expression of interest
Group(class) - the class component of the essence G is mainly expressed. For example, the suppression of class contradictions;
General social- the interests of all segments of the population are expressed. For example, the function of achieving social compromise.
6) By importance:
Basic; not basic.(Stalin)
Scientists believe that there is no logical basis for this division.
If we analyze the functions of G, then there are those that G pays more attention to than others, depending on the situation in the country.
Most of the functions are implemented by the state apparatus through the function of organizing the state. authorities. They partially coincide, since the functions of the state apparatus are implemented by all links, and individual bodies the state apparatus can use them, which does not entail the disappearance of the functions of G.
The evolution of the functions of the state.
The functions of the state are not unchanged throughout the development of the state. The conclusion that the functions of the state change in the course of the development of the state itself can be confirmed by individual examples.
As an example, consider the transition of the state from totalitarian regime to democratic y. At this stage of historical development, the functions of the state acquire a qualitatively new character.
At one time, in the theory of the socialist state, for example, the following main internal functions were distinguished: “economic and organizational, cultural and educational, regulation of the measure of labor and consumption, protection of socialist law and order, socialist property, rights and freedoms of citizens, nature, as well as the function provision of social services” . Of course, it is clear that the economic and organizational function and the function of regulating the measure of labor and the measure of consumption represent two components of the functioning of the totalitarian system in the field of the economy, in particular distribution, and the cultural and educational function is half the function of ideological control.
The question of the functions of the state is part of the question of the functions of public authority in any society, and the degree of monopolization of political power and the relationship between the state and society can be an objective basis for their identification. The totalitarian political system is based on the monism of power; an authoritarian political system is not as rigid as totalitarianism and can be defined as a system of limited pluralism; a democratic state functions in a civil society, in a self-regulating environment. Thus, one should distinguish between the functions of a totalitarian system, an authoritarian state and a democratic one.
Before proceeding to consider what is happening with some of the above functions, let us dwell on an equally important issue - their organizational and legal forms.
It is known that the content of any phenomenon cannot exist outside the corresponding form. So the content of the function of the state does not give a complete picture of it without taking into account the organizational and legal forms. . The organizational forms of the functions of the state are its mechanism, the system of organs, their powers. The legal form of the functions of the state is nothing more than the legal registration and legal restriction of the activities of the state, which includes the issuance of relevant regulations, the organization of their execution and protection from violations, i.e. forms of practical activity of the state .
The process of state influence on a certain sphere of social relations begins with the issuance of legislative acts that “organize” and regulate these social relations. This is a legislative form.
The practical impact of the state and its bodies on social relations takes place in the form of executive and administrative activities in accordance with the legislative acts issued by the state.
The next legal form of the implementation of the functions of the state is law enforcement. It consists in the obligation of the state to prevent the violation of laws and regulations by participants in public relations regulated by the state in the exercise of their rights and obligations.
The implementation of the functions of the state, therefore, takes place in three legal norms. Naturally, the features of organizational and legal forms of implementation depend on the content of the function.
Legal form of implementation economic function state in the period of transition from totalitarianism has its own characteristics.
At the first stage, the state objectively can only prepare the ground, create prerequisites and conditions favorable for the functioning of a market economy. Therefore, the main tasks of the economic function are reduced to overcoming the totalitarian legacy in the economy, the gradual strengthening of the private sector, stimulating diversity in the economy, reforming agriculture, and attracting foreign private capital.
The implementation of these tasks causes fundamental changes in the socio-economic structure of society. The economic function becomes an expression of the complex mutual influence of the economic structure of society and the nature of state power.
A generalization of the practice of socio-economic transformations in the countries of the former socialist community makes it possible to speak of certain regularities inherent in the economic function. These include widespread privatization, the development of the private sector in the economy, and the expansion of the sphere of its indirect regulation by the state by reducing the sphere of direct economic management.
There is no doubt that the solution of the economic problems of the state concerns the legal sphere as a whole. The legal form of manifestation of the economic function is, in essence, universal, since all varieties of economic activity of the state in one way or another affect all branches of law. Since the rules of law governing issues of economic development cover a wide range of branches of law (constitutional, administrative, civil, land, labor, criminal), it can be stated that the nature of the economic function of the state determines the main direction of development of the national legal system. The principal features of post-totalitarian legislation are that it regulates and consolidates the new principles of economic policy.
As the economic reform deepens and the foundations of the social state are formed, the main goal of state influence on the economy will qualitatively change. The former goal was to create a material basis for the monopoly domination of the state party nomenklatura. Hence the extensive development of production on the basis of cheap labor, Special attention the development of branches of the military-industrial complex to the detriment of branches that ensure the solution of social problems.
The transition to a market economy to a large extent excludes direct government intervention in the main economic processes, involves influencing their development through the use of economic levers and incentives, primarily taxes, based on a balanced, scientifically based tax and investment policy.
The object of the economic impact of the state is undergoing significant changes. If before they were relations of production that existed under monopoly state ownership, now they will be relations of production outside this sector, as well as economic relations of exchange, previously replaced by detailed administrative distribution, and, finally, market relations on the scale of the national economy as a whole.
All these objects have their own specifics, which will determine the nature of the possible impact on them by the state, i.e. the content of the economic function.
Further, one can single out the specific function of the transitional state - the constitution of democratic power. This will be a function directed not “outside” (on society), but on the state itself as a system of organs.
Let us turn to one more side of the activity of the state. Previously, the ideological function of the totalitarian system, in particular “cultural and educational”, was taken to include “management of propaganda and agitation, education and science, children’s education, the press, radio, television, literature and art, physical culture, sports, etc. ” .
The ideological function of the state contributed to the introduction into the consciousness of members of society of a certain system of political, legal, moral, ethical, anti-religious, philosophical views, with the expectation that the ideological views of people determine their attitude to reality, primarily to the existing social and state order, law and order, etc. .d. The place of the ideological function should be taken by the policy of state assistance to the development of science, culture, and education. And no more. Law enforcement functions in a democratic state are preserved, but their forms and content change. They need to be given a clear focus on establishing guarantees for the free formation of civil society, on protecting the rights and free interests of citizens. There should be changes in the structure and content of the legislation, which was previously focused on protecting, above all, the interests of the authorities. Now the priority must be given to the individual. In other words, the essence of the law enforcement function should be filled with proper legal and democratic content.
External and internal functions modern state.
By areas of activity, internal and external functions are distinguished. Internal functions are implemented in domestic policy and are aimed at solving problems within the country, and external functions implemented in international communication with other states and international organizations Ecological and economic functions, as well as the function of protecting human rights and freedoms are both internal and external. Ecology is one of the global problems of our time and, for example, it is impossible to fight global climate warming solely within the framework of domestic policy. The economy in modern conditions of globalization and the international division of labor also has an international character. International cooperation is widely carried out in the field of protection of human rights and freedoms.
Internal functions:
1) economic function (i.e., providing favorable conditions for economic development);
2) social function (i.e. ensuring the well-being of all social groups, in particular health care, education, social security, labor protection, this can also include the development of culture, although many scientists single out the cultural and educational function as an independent one);
3) ecological function (i.e. ensuring a favorable state of the environment for human life and protecting nature)
4) function protection of law and order, rights and freedoms of man and citizen;
5) function security citizens in emergency situations natural, technogenic and social character;
6) some scientists also distinguish financial function(i.e. taxation), this function is not an end in itself, it is aimed at creating conditions for the state to carry out all its other internal and external functions.
External features:
1) country defense(and in peacetime - maintaining its defense capability at the proper level);
2)ensuring peace and international security(the main instrument in this remains the UN and its Security Council)
3) function international cooperation according to the most various issues. In addition, as not only internal, but also external functions, one can understand and environmental, economic features and function protection of human rights
Formational and civilizational approaches to the typology of the state.
State typology- This is a special classification that subdivides states into certain types.
State type called a set of important features that characterize the class and economic aspects of the state.
Turning to the history of the development of statehood, as well as to the typology of states, several approaches to this issue can be distinguished.
Approaches to the typology of states:
formational approach. This approach was developed within the framework of the Marxist-Leninist theory of state and law. According to him, the type of state is understood as a system of basic features characteristic of states of a certain socio-economic formation, which is manifested in the commonality of their economic base, class structure and social purpose;
civilizational approach.
For determining the type of state in the formational approach take into account:
compliance of the level of the state with a certain socio-economic formation. Socio-economic formation- the historical type of society, which is based on a certain mode of production;
a class whose instrument of power is the state;
social purpose of the state.
The formational approach distinguishes the following types of states:
slaveholding;
feudal;
bourgeois;
socialist.
According to the formational approach, after a change in the economic formation, there is a transition from one historical type of state to another, newer one.
The formational approach has the following advantages:
the productivity of the division of states on the basis of socio-economic factors;
the possibility of explaining the gradual development, the natural-historical nature of the formation of the state.
Flaws:
one-sidedness;
spiritual factors are not taken into account.
Currently, there are several interpretations of the concept of "civilization", as well as several types of typology of the civilizational approach. For example, quite often, “civilization” is understood as culture, the development of society as a whole. “Civilization is a closed and local state of society, characterized by a commonality of religious, national, geographical and other features” (A. Toynbee). In this case, depending on the signs, Egyptian, Western, Orthodox, Arab and other civilizations are distinguished. Thus, we can talk about civilizations:
modern and ancient;
Western, Eastern, Orthodox, etc.
In the civilizational approach, the following features are distinguished: chronological, production, genetic, spatial, religious, etc.
The civilizational approach is associated with the theory of "stages of economic growth" (W. Rostow), the theory of "a single industrial society", the theory of "managerism", the theory of "post-industrial society", the theory of "convergence", etc.
Positive features of the civilizational approach:
highlighting spiritual, cultural factors;
clearer typology of states.
Flaws:
low assessment of the socio-economic factor;
the predominance of the typology of society over the typology of the state.
The concept and types of forms of government. Features of the mixed form of government.
Form of government It is a way of organizing the supreme power of the state. It influences both the structure of the supreme state bodies and the principles of their interaction. So, they distinguish between a monarchy and a republic, the main difference between which is the procedure and conditions for replacing the post of head of state.
Monarchy- a form of government in which:
the highest state power is concentrated in the hands of one monarch (king, tsar, emperor, sultan, etc.);
power is inherited by a representative of the ruling dynasty and is carried out for life;
the monarch exercises the functions of both the head of state and the legislative, executive power, controls justice.
The monarchical form of government takes place in a number of countries of the world (Great Britain, the Netherlands, Japan, etc.).
Monarchies can be of two types:
absolute- Supreme power by law is wholly vested in the monarch. The main feature of an absolute monarchy is the absence of state bodies that limit the power of the ruler;
limited– can be constitutional, parliamentary and dualistic.
A constitutional monarchy- one in which there is a representative body that significantly limits the power of the monarch. Most often, this restriction is carried out by a constitution, which is approved by parliament.
signs parliamentary monarchy:
the government is formed from representatives of parties (or parties) that received a majority in parliamentary elections;
in the legislative, executive and judicial spheres, the power of the monarch is practically absent (it has a symbolic character).
At dualistic monarchy:
state power, both legally and in practice, is divided between the government, which is formed by the monarch and parliament;
the government, unlike a parliamentary monarchy, does not depend on the party composition of the parliament and is not responsible to it.
Republican form of government is the most common in modern states. Its main forms are presidential and parliamentary republics.
IN presidential republic:
the president has significant powers and is both the head of state and government;
the government is formed by non-parliamentary means;
rigid division of powers into legislative, executive and judicial. The main sign of this division is the greater independence of state bodies in relation to each other.
This form of government exists, for example, in the United States. The Russian Federation can also be attributed to the presidential republic.
IN parliamentary republic:
the government is formed on a parliamentary basis and is responsible to it;
the head of state performs representative functions, although under the constitution his powers may be extensive;
the government occupies the main place in the state mechanism and manages the country;
the president is elected by parliament and exercises his power with the approval of the government.
There are also mixed, hybrid forms of government - semi-presidential, semi-parliamentary republics.
In addition to the classic monarchies, presidential republics And parliamentary republics there are a significant number of states in the world with a mixed form of government.
A large group of countries are mixed (semi-presidential or semi-parliamentary) republics. In such states, the president is elected directly by the citizens, he has a significant amount of authority. Legally, the President is not the head of the executive branch, but he plays an important role in the formation of the government (the principle of incompatibility between the portfolio of a minister and a parliamentary mandate is often applied). The government usually has a dual responsibility: it can be dismissed by the president at his own discretion (as in a presidential republic) or receive a vote of no confidence in parliament (as in a parliamentary republic). In mixed republics, situations of separate government often arise, when the president and the parliamentary majority belong to different parties. France is considered to be a classic example of a mixed republic, but recently the features of a parliamentary republic have become increasingly important in it.
Rarely, but there are states in which the form of government combines the features of mixed forms - a monarchy and a republic.
In Malaysia, the monarch is elected for 5 years by the Council of State Rulers. Usually, the sultans of the states become the monarch in turn (a special list is kept). In this regard, we can talk about an elective or rotational monarchy. The UAE has a collective monarchy. At the head of the state is the Council of Emirs (7 emirs), which every five years elects a chairman from among its members: The powers of the chairman are comparable to presidential ones. All major decisions in the state are made by the Council of Emirs.
In a number of republics, the president is proclaimed head of state for life (Yugoslavia, North Korea, etc.), and sometimes he passes power by inheritance to his son (DPRK in 1994, etc.). With this procedure for replacing the post of head of state, the republic acquires the features of a monarchy.
A special form of government in the republic is a theocratic (clerical) republic. Such a republic is currently Iran, where there is an elected president and parliament, but the main role is played by the head of state (rahbar). The post of head of state belongs to the highest spiritual person, who is selected by the Muslim Council of Experts.
The concept and types of forms of government.
form of government called the political and territorial structure of the state, especially the relationship between the central and local authorities. The state, reaching a certain level of population and size of the territory, begins to be divided into parts that have their own authorities. Depending on the form of government, simple and complex states are distinguished.
simple (unitary) states are called unified and centralized states, which consist of administrative-territorial units that are completely subordinate to the central authorities, do not have signs of statehood. They do not have political independence, but in the economic, social, cultural spheres, as a rule, they are endowed with great powers. Such states, in particular, are France, Norway, etc.
Signs of a unitary state: 1) unity and sovereignty; 2) administrative units do not have political independence; 3) a single, centralized state apparatus; 4) unified legislative system; 5) a unified tax system.
Depending on the control method the following types of simple (unitary) state can be distinguished:
centralized (local power is formed from representatives of the center);
decentralized, in which elected bodies of local self-government function;
mixed;
regional, which consist of political autonomies with their own representative bodies and administration.
complex states called those that consist of state entities with varying degrees of state sovereignty. The following types of complex states can be distinguished: 1) federation; 2) confederation; 3) empire.
Federation- this is the union of several independent states into one state. Such states, in particular, are the USA and the Russian Federation.
Federation features:
availability of independence of the subjects of the state;
union state;
functioning along with the general federal legislation of the legislation of the subjects of the federation;
two-channel taxation system.
Depending on the principle of formation of subjects, there are the following types of federations:
national-state;
administrative-territorial;
mixed.
Depending on the legal basis, federations are distinguished:
contractual;
constitutional.
Confederation- these are interstate associations or temporary legal unions of sovereign states that are created to solve political, social, economic problems.
Unlike a federation, a confederation is characterized by:
lack of sovereignty, unified legislation, unified monetary system, unified citizenship;
joint decision by the subjects of the confederation of common issues, for the implementation of which they united;
voluntary withdrawal from the state and the abolition of the operation of general confederate laws, regulations (which are advisory in nature) on their territory.
Empire- this is a state that is formed as a result of the conquest of foreign lands, the components of which have a different dependence on the supreme power.
Confederation and other forms of interstate associations.
Legal science also knows such forms of association of states as protectorates, unions, fusions, incorporations, commonwealths (Commonwealth of Nations, CIS), communities, unions, etc.
Protectorate
Protectorate is an association of states on the basis of an unequal international treaty, according to which a strong state (metropolis) is obliged to provide assistance to a weak state (incapable of independently performing state functions) in the form of representation in foreign affairs, armed protection, economic and socio-cultural assistance.
Being a formal means of protecting weak but sovereign states, the protectorate is a legal form of their gradual enslavement, a stage in the process of establishing colonial rule over a recalcitrant people. In this situation, one should speak of a special international territorial-state structure, since formally a new state is not formed. Similar to protectorate suzerainty, in which the dependent (vassal) state completely loses its sovereignty, establishing its relations with the overlord with the help of domestic rather than international agreements (Bulgaria and Turkey until 1908).
Union
Union - it is an obsolete, obsolete term for a union of states.
There are personal and real unions. Personal union - it is a kind of union, an association of states based on the commonality of the head of state. They were common under feudalism and sometimes arose by chance, when the monarch, in the order of succession to the throne, received the crown of another state. Unlike personal real union arises on the basis of an international treaty. With the help of not only a single monarch, but also common organs power and administration, it unites independent states and regulates relations between them, without limiting their sovereignty (the Swedish-Norwegian Union until 1905).
Sometimes, as varieties of union, they consider fusion, which are mergers of states (FRG and GDR), and incorporations, which are expressed in the accession of states (the accession of the Baltic states to the USSR in 1940).
Empire
Empire - it is a complex state with varying degrees of dependence on its constituent parts from the supreme power. It represents the unification of several states under the crown of one king-emperor. As a rule, empires were created as a result of the conquest of foreign lands (the Frankish Empire, the Roman Empire, the German Empire, etc.). A voluntary entry into the empire is also possible (Ukraine, Georgia into the Russian Empire).
Confederation
Confederation is not a form of government of a particular state, it is an interstate association, temporary a legal union of sovereign states created to ensure their common interests (Switzerland from 1815 to 1848, the USA from 1776 to 1787, the German Union from 1815 to 1866). Unlike a federation, the allied bodies of a confederation only coordinate the activities of its member states, and only on issues for the resolution of which they have united. A confederation differs from a federation in that its states are less cohesive, it does not have sovereignty, it does not have a single citizenship, legislation, a single monetary system, etc.
The subjects of the confederation have right of secession(voluntary withdrawal) and right of nullification(cancellation of the effect of general confederal acts on its territory).
The Commonwealth of Independent States, the union of Russia and Belarus and the European Union are still in the process of their formation.
The mechanism of the state and the state apparatus.
To ensure the performance of functions in any state, there is state power and the state apparatus, which embodies the material force of state power, the mechanism of the state.
State power is expressed in the ability of official structures to subordinate the behavior of people to the will of the whole society or part of it with the help of state coercion.
The functioning of state power should be based on the following principles:
representation of the interests of citizens in government bodies;
separation of powers;
publicity and openness;
professionalism and competence;
legality;
democracy.
In legal science, concepts "state apparatus" And "mechanism of the state" differ, but there is a point of view according to which these concepts can be used as synonyms.
The difference lies in the fact that the concept of “mechanism of the state” also includes material appendages (armed forces, police, correctional labor institutions, etc.).
State mechanism- This a system of state bodies, institutions, organizations that carry out practical work on the implementation of the protective and regulatory functions of the state.
The mechanism of the state is not only the main, but also the determining link in the political system. It ensures the functioning of all spheres of public life. The mechanism of the state can have both a positive and a negative impact on the processes taking place in society.
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.Signs of the mechanism of the state: the presence of a system of state bodies, which is based on the principle of separation of powers in the organization and activities of the state apparatus; complex structure; mutual feedback between the functions of the state and the state mechanism; solution of tasks to ensure the management of the state and the performance of state functions. The structure of the mechanism of the state consists of the following types (groups, divisions) of state bodies: 1) state bodies that are interconnected by relations of subordination and are empowered to perform actions on behalf of the state: representative authorities; executive agencies; judicial authorities; control and supervisory authorities; 2) state institutions that do not have power powers and do not specifically perform management functions, but on the basis of state property, as well as power orders from higher authorities, they perform functions in the field of production, culture, science, education, healthcare, etc.: state institutions and organizations that carry out organizational, administrative and socio-cultural functions in the areas of health, education, culture, science; state enterprises and organizations formed for the production of various products, as well as for the provision of services to the population of the country; public civil servants - those persons who are professionally engaged in the administration of the state, therefore, occupy an appointed public position; buildings, structures and various equipment that ensures, in accordance with the scientific and technical level, the actual functioning of the mechanism of the state. |
The concept, features and classification of state bodies.
State body- this is an independent subdivision of the apparatus of state power, as well as a legally formalized, economically and organizationally separate part of the state mechanism, which is endowed with state powers and has all the necessary means to implement the tasks and functions of the state within its powers. The body of the state is formed on the basis of legal documents that determine the principles of its organization and scope of activity as one of the divisions of the state apparatus.
In accordance with this, the following features of the state body can be distinguished:
legally organizational and economically determined character;
the presence of its own structure;
has state powers;
public civil servants act on behalf of the entire state;
empowerment in a specific area of public life, taking into account the purpose and place in the state mechanism;
performance of strictly defined state functions and tasks;
possession of the right to issue legal acts;
the availability of the necessary financial resources;
implementation of activities on the basis of regulatory legal acts;
close interaction with other state bodies.
Types of state bodies are divided into several groups depending on:
on the order of their formation;
the scope of powers exercised;
breadth of competence;
the nature of organizational and legal forms of activity (in accordance with the principle of separation of powers);
the number of public civil servants;
operating time.
Depending on the order of formation, state bodies are divided into:
to primary - they include bodies that are formed (elected) directly and directly by the population (parliament, president) in the manner prescribed by law;
derivatives - bodies that are formed by the primary bodies of the state (for example, the government).
Depending on the scope of the powers performed, there are:
the highest authorities are the government, parliament, etc.;
central, in particular ministries;
local - state bodies of the subjects of the Federation, etc.
Depending on the breadth of competence, there are:
bodies of general competence are the president, the government, etc.;
bodies of special competence are ministries, various services and agencies.
Depending on the number of state civil servants, there are bodies:
collegiate - those that make decisions by a majority vote, such as the government;
sole - where decisions are made solely by the head, for example, the president.
Depending on the nature of the organizational and legal forms of activity, there are:
legislative;
executive;
judicial;
supervisory authorities.
Depending on the operating time:
permanent bodies - make up the majority of state bodies, designed to function under normal conditions;
temporary, which are created in emergency conditions, as well as for the implementation of any large-scale tasks.
Legislative authorities: competence, order of formation, structure.
According to the Constitution of the Russian Federation and the principle of separation of powers, the legislative power of Russia at the federal level is exercised Federal Assembly- the parliament of Russia, and at the level of subjects of the Federation - local parliaments (legislative assemblies).
Like the previous constitutions of Russia, the current Constitution of the Russian Federation establishes a bicameral structure of the parliament: the Federal Assembly of the Russian Federation consists of Federation Council And State Duma. The State Duma represents the entire population of the Russian Federation, and the Federation Council consists of members representing all subjects of the Russian Federation. The Federation Council is called upon to express the interests of individual localities and regional opinions.
The bicameral structure of the Federal Assembly has the following main features:
1. independence of the chambers - each chamber has its own powers, their functions are clearly delineated; there is no subordination;
2. unequal competence - they deal mainly with different issues;
3. different procedure for the formation of chambers.
In the Federal Assembly of the Russian Federation, the chambers independently resolve issues related to their jurisdiction in accordance with the Constitution of the Russian Federation. It provides (Article 100) that the chambers can meet together only to hear messages from the President of the Russian Federation, messages Constitutional Court RF and speeches of foreign leaders.
The main functions of Parliament are:
1) representation;
2) lawmaking;
3) control.
The Federation Council consists of two representatives from each subject of the Russian Federation: one from the executive and representative authorities. In the State Duma 450 people.
The following issues fall within the competence of the Federation Council.
1. The possibility of changing the borders between the subjects of the Russian Federation is provided for in Part 3 of Art. 67 of the Constitution of the Russian Federation, according to which such a change requires their mutual consent.
However, the commented paragraph determines that, in addition to this mutual consent, the consent of the Federation Council is also required. This consent is manifested in the form of approval of an agreement or an agreement concluded by the interested subjects of the Russian Federation regarding the change of the border between them.
2. The possibility of introducing martial law by the President of the Russian Federation is provided for by Part 2 of Art. 87 of the Constitution of the Russian Federation.
The specified article of the Constitution of the Russian Federation obliges the President of the Russian Federation to immediately inform the chambers of the Federal Assembly of the Russian Federation about the introduction of martial law on the territory of the Russian Federation or in its individual areas. Obviously, the Federation Council must assess the validity of this measure as a whole and the expediency of its individual components. He has the final decision on the matter.
3. As regards such authority of the Federation Council as the approval of the decree of the President of the Russian Federation on the introduction of a state of emergency, it is connected with the authority of the President of the Russian Federation to issue such decrees, established by Art. 88 of the Constitution of the Russian Federation.
There is a complete analogy with the previous authority. The regulations of the Council of the Federation govern the procedure for approving such decrees in exactly the same way as the procedure for approving decrees on the introduction of martial law.
4. The question of using the Armed Forces of the Russian Federation outside its territory may arise in various situations. It may arise in connection with the reflection of aggression against the Russian Federation, in connection with the fulfillment of international treaty obligations, in particular in connection with the fulfillment of peacekeeping tasks.
To make decisions on the use of the Armed Forces outside of Russia in cases where it is expressly prescribed by existing international treaties, the consent of the Federation Council is not required.
5. The Federation Council must adopt a resolution on calling the election of the President of the Russian Federation in one of two cases: when the term of office of the President of the Russian Federation expires or when the office of the President of the Russian Federation is vacated ahead of schedule.
6. The conditions and procedure for the removal of the President of the Russian Federation from office are regulated in Art. 93 of the Constitution of the Russian Federation. There is no legislative regulation on this issue.
The resolution on the removal of the President of the Russian Federation from office is adopted by secret ballot and by the majority of 2/3 votes of the total number of members of the Federation Council, established in the Constitution of the Russian Federation, i.e., not less than 119 votes.
In the absence of such a majority, the consideration of the charge is terminated, which is formalized by a resolution of the Federation Council. The decision is immediately communicated to the general public through the media.
7. Appointment to the position of judges of the Constitutional Court of the Russian Federation, Supreme Court RF, the Supreme Arbitration Court of the Russian Federation is carried out by the Federation Council on the proposal of the President of the Russian Federation (paragraph “e” of Article 83 of the Constitution of the Russian Federation).
Thus, the formation of the highest echelon of the judiciary is carried out by coordinating the will of the head of state and the upper house of parliament. The Federation Council itself and its members cannot nominate judges. They have the right only to submit proposals to the President of the Russian Federation on such candidates.
The person who receives the majority of votes from the total number of members of the Federation Council is considered appointed, which is formalized by a resolution.
8. The power of the Federation Council to appoint the Prosecutor General of the Russian Federation is similar to the above. However, there is a difference, which consists in the fact that, according to the Constitution of the Russian Federation itself, the Federation Council not only appoints, but also dismisses the Prosecutor General of the Russian Federation from office on the proposal of the President of the Russian Federation. He cannot do this on his own initiative, just as the President cannot remove the Prosecutor General without the decision of the Federation Council.
9. The Federation Council, on a parity basis, participates together with the State Duma in the formation of the Accounts Chamber of the Russian Federation (in accordance with Part 5 of Article 101 of the Constitution of the Russian Federation), appointing the Deputy Chairman of the Chamber and six of its twelve auditors.
The following issues are within the jurisdiction of the State Duma;
She gives consent to the President to appoint the Chairman of the Government - a candidate for this position in the Duma is presented by the President himself or his authorized representative;
Decides on the issue of confidence in the Government, which is legally responsible to Parliament. The issue of confidence in the Government may be decided by the Duma on its own initiative, or at the request of the Chairman of the Government;
Appoints and dismisses key figures in our state - the Chairman of the Central Bank, who is appointed by the Duma for a period of four years, the initiative in the selection of this candidate belongs to the President. Thus, the powers of the State Duma to appoint the Chairman of the Central Bank consist in accepting or not the proposals of the President on this issue;
Appoints the Commissioner for Human Rights (whose activity consists in the timely protection of the individual from abuses of state bodies and officials);
Declares an amnesty - this is the exclusive competence of the Russian Federation represented by the State Duma. The subjects of the Federation cannot resolve this issue. Amnesty is a complete or partial release from punishment of persons who have committed a crime, or the replacement of punishment with a lighter one;
Brings charges against the President to remove him from office. Only the State Duma can initiate the impeachment procedure. On issues within its jurisdiction, the State Duma adopts resolutions.
Executive authorities: competence, order of formation, structure.
executive power- one of the types of independent and independent public authority in the state, which is a set of powers to manage public affairs.
executive power RF is implementing Government of the Russian Federation , which consists of the Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and federal ministers.
The Prime Minister of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma. The Prime Minister of the Russian Federation proposes to the President of the Russian Federation candidates for the positions of Deputy Prime Ministers of the Russian Federation and federal ministers. The Chairman of the Government, in accordance with the Constitution, federal laws and decrees of the President, determines the main areas of activity of the Government of the Russian Federation and organizes its work. Government of the Russian Federation:
develops and submits to the State Duma the federal budget and ensures its execution; submits to the State Duma a report on the execution of the federal budget;
ensures the implementation of a unified financial, credit and monetary policy in the Russian Federation;
ensures the implementation in the Russian Federation of a unified state policy in the field of culture, science, education, healthcare, social security, and ecology;
manages federal property;
takes measures to ensure the defense of the country, state. security, implementation of the foreign policy of the Russian Federation;
takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime;
Thus, executive power is a system of state bodies exercising these powers.
Main purpose executive power V Russian Federation- Russia - organization of practical implementation Constitution of Russia and laws of the Russian Federation in the process of management activities aimed at satisfying public interests, requests and needs of the population. It is carried out through the implementation of state power by the methods and means of public, mainly administrative law.
The composition of the executive power is recruited on an elective basis with the possibility of subsequent appointment.
The structure of the executive power of Russia
Federal authorities
Russia has adopted a three-tier system of federal executive bodies :
Ministry of Russia;
federal services;
federal agencies.
Regional bodies
ministries;
committees.
Executive agencies
civil servants;
legal (legal) structure - norm system, which determines the degree of competence of authorities and officials.
Signs of executive power
is a limited and relatively independent branch of government;
is a conductor of state policy in life;
sub-legislative in nature and purpose;
objectified in the form of a well-organized system of executive authorities;
its activity is executive-administrative and is permanent, continuous in time;
is the exclusive owner of material resources and coercive powers.
Executive functions
sublegislative regulation;
implementation of management activities aimed at the implementation of laws and the implementation of state policy in various spheres of society;
administrative law enforcement;
implementation of state policy on licensing, registration and certification;
administrative control over compliance with legal norms and generally binding rules;
law enforcement, that is, direct security of citizens and society;
information support of public authorities.
federal ministry - a federal executive body that performs the functions of developing state policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation.
federal Service - the federal executive body exercising the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the state border, combating crime, public security.
federal agency - a federal executive body that, in the established field of activity, performs the functions of providing public services, managing state property and law enforcement functions, with the exception of functions of control and supervision.
Bodies of the judiciary: competence, order of formation, structure.
Justice in the Russian Federation is administered only by courts established in accordance with the constitution of the Russian Federation and the federal constitutional law "On judicial system The creation of emergency courts and courts not provided for by law is not allowed.
The judicial authorities on behalf of the state apply administrative or criminal coercion measures to persons guilty of crimes, resolve legal disputes between specific persons, and also consider cases of contesting legal prescriptions for compliance with rules of higher force (laws - the Constitution).
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