Structure of federal executive bodies of state power. Structure of executive authorities
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Introduction
1. Main part
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, and is endowed with state authority. These powers consist in the right of the body to issue legal acts on behalf of the state, and these acts are mandatory for those to whom they are addressed to apply measures to ensure the implementation of legal acts, including measures of persuasion, incentives and coercion.
After the legal consolidation of the division of state power into three branches - legislative, executive and judicial, the executive branch was entrusted with organizational, managerial, executive and administrative activities carried out by certain state bodies and officials on the basis and in execution of laws in order to ensure everyday (current) ) functioning of the state and its apparatus. The powers and capabilities to exercise executive power are granted to the Government, federal ministries and other federal executive bodies, executive bodies of the 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 unified system government agencies executive power and definition in the Constitution Russian Federation(for example, Articles 77, 78, 85, 110, 112, 125), federal constitutional laws, federal laws, laws of constituent entities of the Russian Federation and other regulatory legal acts of their powers.
The relevance of the chosen topic is 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 interests, requests and needs of the population.
Purpose course work is a comprehensive study of executive authorities.
To achieve this goal, the following tasks were set:
Describe the executive authorities;
Consider the system and structure of executive authorities in the Russian Federation;
Determine the functions and tasks of executive authorities in the constituent entities of the Russian Federation.
Describe the executive authorities of local self-government
The course work was 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 part
1.1 Characteristics of executive authorities
Obviously, if we're talking about about the executive power, about state activities for its practical implementation, the inevitable question is which particular state power 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 division into legislative, executive and judicial, this question was solved quite simply: at various levels of the state organization, a system of government 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 activities.
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, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation . .
Current Russian legislation, along with the widespread use of the term “executive bodies,” often contains references to “executive bodies” and “state governing bodies.”
The legal status of executive authorities 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 government bodies is ensured by the development and approval of their staffing table, which is a list of the 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. Salary is paid to a civil servant in accordance with the official salary established in the staffing table. Thus, the staffing table establishes the organizational structure of the executive body and the amount of funds required to maintain this body. The procedure for drawing up and approving staffing schedules for management bodies is controlled by higher executive authorities. Staffing schedules are subject to state registration in financial authorities.
The executive branch is characterized by the following features:
The executive branch 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 absolute, leading to the recognition of the complete independence of each branch. All of them are interconnected, which, however, should not lead to the substitution of one branch of government for another, as was the case in the early 90s, to the intrusion of legislative power into the sphere of executive power and vice versa.
The executive branch 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 on the share of the legislative and judicial authorities. Consequently, the executive power can be characterized as a subsystem within the system of a single state power or its mechanism. The current legislation fixes the functions and competence not of the executive branch itself, as a state legal institution, but subjects implementing it at one or another level of government organization (for example, the status of federal and regional executive authorities).
A distinctive feature of 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 branch personified in the activities of special entities 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 power mechanism by executive bodies . Federal executive authorities and executive authorities of the constituent entities of the federation form a unified system of executive power in the Russian Federation. These are clearly defined constitutional boundaries necessary to understand the subjective characteristics of the executive branch.
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 federal executive bodies and similar bodies of the constituent entities of the federation. An important role in this regard belongs to the Federal Treaty and other agreements on the delimitation of jurisdiction and powers.
The executive power cannot be identified with the administrative power. Such an identification is unlawful, since administrative power, as a rule, is associated with the implementation of the powers of extrajudicial , those. administrative coercion. However, administrative coercion is only one of the means of achieving the goals facing 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; the most important means communications; army and other military formations, police, internal and external security, correctional labor institutions, etc.
1.2 System and structure of executive authorities
In the Russian Federation, many executive authorities have been created, differing in their level of location in the structure of executive power, role and scale of activity, areas and branches of management, decision-making procedures, method of education, and nature of competence (Appendix 1).
The Constitution defines the terms of the system and structure of federal executive bodies. So, paragraph "g" art. 71 of the Constitution establishes that the Russian Federation is in charge of establishing a system of federal bodies of 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 a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.
The system of federal executive authorities is determined by the Decree of the President of the Russian Federation dated August 14, 1996 “On the system of federal executive authorities” and the Decree of the President of the Russian Federation dated March 9, 2004 No. 649 “Issues of the structure of federal executive authorities” and consists of the Government of the Russian Federation, federal ministries, state committees of the Russian Federation, federal services of Russia, Russian agencies, federal supervisions of Russia.
We can distinguish the system (apparatus) of the executive power, which is made up of a set of government bodies designated as its subjects, as well as the organizational mechanism of its implementation .
The permanent organizational factor of the executive power mechanism is the executive bodies of general competence located at different hierarchical levels (for example, the Government of the Russian Federation, regional administration, 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 public administration. In the same aspect, the role can be qualified, for example, various kinds structural divisions of executive bodies, their territorial units, as well as officials. All this is the “working mechanism” of the executive branch, serving the purposes of its better organization and functioning. The executive apparatus, in addition to bodies of general competence, also includes sectoral, intersectoral, supervisory, territorial and other parts of the state management 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 federal executive authorities can be presented 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.
In accordance with the principle of federalism current system The executive branch consists of the following links:
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 supervisions of Russia.
· Other federal executive authorities.
2. The executive authorities of the constituent entities of the Russian Federation (republics, territories, regions, federal cities, autonomous regions, autonomous districts) are:
· governments of republics and other subjects of the Federation;
administrations of territories, regions, cities of federal significance, autonomous regions, autonomous districts.
1.2.1 Government of the Russian Federation
The Government of the Russian Federation is the federal body that heads 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 ed. Federal Law No. 4-FKZ dated 01.06.2005; No. 1-FKZ dated January 30, 2007; No. 5-FKZ dated December 25, 2008; No. 8-FKZ dated December 30, 2008; No. 1-FKZ dated January 29, 2010; No. 4-FKZ dated July 22, 2010) (Appendix 3).
Its Government consists of the Chairman, Deputy Prime Ministers and federal ministers.
The Chairman of the Government is appointed and dismissed by the President of the Russian Federation. Appointment to the position of Chairman of the Government is carried out with the consent of the State Duma. Removal from office is possible upon the Chairman's resignation, as well as in the event that the Chairman of the Government is unable to fulfill his powers.
The Chairman of the Government of the Russian Federation, no later than a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies; proposes to the President candidates for 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 directions of the Government’s activities and organizes its work.
In cases provided for by the Constitution of the Russian Federation, the Chairman of the Government of the Russian Federation temporarily performs the duties of the President of the Russian Federation.
Deputy Prime Ministers 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 as heads of the relevant federal executive bodies and participate with a casting vote in Government meetings. Other heads of federal executive bodies may also be granted the right to consultative vote. For example, the Chairman of the Federal Commission for 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 the work and controls their activities; approves provisions on them; establishes the maximum number of employees of their apparatus and the amount of allocations for their maintenance; has the right to cancel acts of federal executive authorities or suspend the operation of these acts; approves members of boards of federal executive authorities, etc.
In relation 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 on subjects 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; makes proposals to the President of the Russian Federation to suspend the actions of executive authorities of the constituent entities of the Russian Federation in case of their contradiction to the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen.
The law defines the general, cross-sectoral, 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 policies of the Russian Federation;
· carries out regulation in the social and economic sphere;
· ensures the unity of the executive power system in the Russian Federation, directs and controls the activities of its bodies;
· forms federal target programs and ensures their implementation;
· exercises the right of legislative initiative granted to him;
· implements measures to ensure the rule of law, rights and freedoms, protect property and public order, and fight crime.
The Government of the Russian Federation, by agreement with the executive authorities of the constituent entities of the Russian Federation, can transfer to them the exercise of part of its powers, and also exercises the powers transferred to it by the executive authorities of the constituent entities of the Russian Federation on the basis of relevant agreements.
To implement the powers entrusted to it, the Government may create its own territorial bodies and appoint relevant officials.
The legal forms for the Government to exercise the powers entrusted to it are decrees and orders that are binding 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 can be made by the President of the Russian Federation; no confidence can be expressed by the State Duma; the issue of trust 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 authorities includes sectoral and intersectoral federal executive authorities. Their structural composition is quite diverse and different time included ministries, state committees, committees, federal services, agencies, supervisors, interdepartmental commissions and other government bodies exercising the powers of the executive branch. Currently, the system of intersectoral federal executive authorities 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 supervisions 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, implementing 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 management 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 appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of Russia.
The Minister is part of the Government, his functions are to exercise public administration and coordinate activities in a subordinate industry or field of activity on the basis of unity of command; bears personal responsibility for the implementation of the tasks assigned to the ministry. The Minister issues orders, instructions, directions, instructions on issues within his competence.
Each ministry has an advisory body represented by a board consisting of the minister - the chairman, his deputies and other senior officials of the ministry.
Currently there are 18 ministries operating.
State committees of the Russian Federation are theoretically intended to exercise interdepartmental or supradepartmental powers. Their decisions, made collectively, apply either to the entire system of executive power, or to an area 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, headed by a chairman who is appointed to the position and dismissed only by the President of Russia.
The chairman of the state committee issues orders, instructions, instructions on issues within the competence of the relevant state committee, except for issues that are subject to consideration at committee meetings. Decisions of the state committee on intersectoral issues of a general normative nature are made jointly by committee members and are formalized in the form of a resolution.
Federal executive authorities also include:
Federal commissions are collegial bodies established by the President of the Russian Federation. The peculiarity of the functional orientation of these organs is that there is no specific criterion for their formation.
The system of federal executive authorities 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 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 and 23 federal agencies.
Federal commissions, federal services, federal agencies and other federal executive authorities carry out special executive, control, permitting or supervisory functions. These bodies are created by the President of the Russian Federation.
Federal executive bodies also include interdepartmental and government commissions and councils.
These bodies are designed to fill the lack of coordination functions of the main structures of the executive branch. They mainly have a coordinating purpose, some perform analytical and advisory functions.
1.3 Executive power in the constituent entities of the Russian Federation
In accordance with the Constitution and Federal Law of October 6, 1999 No. 184 “On general principles organizations 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 authorities headed by the highest executive body of state power of the constituent entity of the Russian Federation, headed by its head.
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 on subjects of joint jurisdiction, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power.
The highest official of a constituent entity of the Russian Federation is elected by citizens of the Russian Federation living in the territory of the constituent entity and having active voting rights, on the basis of universal, equal and direct suffrage by secret ballot. The highest official is elected for a term of no more than five years and cannot 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 fulfill 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. Highest official of a constituent entity of the Russian Federation:
· represents the subject of the Russian Federation in relations with federal government bodies, government bodies of the constituent entities of the Russian Federation, local government bodies and in the implementation of foreign economic relations, and has 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;
· has the right to demand the convening of an extraordinary meeting of the legislative body of state power of a subject of the Russian Federation, as well as to convene a newly elected legislative body of state power for the first meeting earlier than the deadline established by the legislation of the subject of the Russian Federation;
· has the right to participate in the work of the legislative body of state power of a constituent entity of the Russian Federation with the right of an advisory vote;
On issues of his/her competence, the highest official of a constituent entity of the Russian Federation within the framework of current legislation and by-laws issues decrees (decrees) and orders.
The highest official forms the highest executive body of state power in accordance with the legislation of the constituent entity of the Russian Federation.
The supreme executive body is a permanent executive body of the constituent entity of the Russian Federation. Its name, structure, and formation procedure are established by the constitution (charter) and laws of the subject. Financing of the highest executive body of power and the executive bodies headed by it is carried out using funds from the budget of the constituent entity of the Russian Federation.
The highest executive body of state power of a constituent entity of the Russian Federation:
· develops and implements measures to ensure comprehensive 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 the limits of 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 constituent entity of the Russian Federation, as well as draft programs for socio-economic development;
· ensures the execution of the budget of the constituent entity of the Russian Federation and prepares 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 constituent entity 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 constituent entity of the Russian Federation, as well as federal property transferred to the management of the constituent entity of the Russian Federation in accordance with federal laws and other regulatory legal acts of the Russian Federation;
· has the right to propose to a local government body, its elected or other official to bring into conformity with the legislation of the Russian Federation, issued 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 has the right to go to court on these issues;
· concludes, in accordance with federal law, agreements with federal executive authorities 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 authorities provided for in Art. 78 of the Constitution of the Russian Federation.
1.4 Local government executive authorities
Local self-government is an organizational form of the exercise of local power by the population, which is designed to ensure independent resolution of issues by citizens living in a particular territory of a municipal entity (city, rural settlement, etc.) local significance based on 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. Social, cultural, communal, banking and other services to the population.
5. Protecting public order, ensuring the rule of law in the relevant territory.
6. Protection of interests and rights of local government.
In accordance with the Federal Law of August 28, 1995 (as of September 1, 2008 as amended by Federal Law No. 97-FZ of July 21, 2005) “On the General Principles of the Organization of Local Self-Government in the Russian Federation,” all cities of regional significance are municipal entities (Appendix 5).
In rural areas, a single municipal entity is the district. In the administrative-territorial units of the district, territorial bodies of district education operate 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 referendums, elections and other forms of direct expression of will, through elected and other local government bodies.
Types of local governments:
Elected bodies.
Bodies created in accordance with the charters of municipalities (head of the municipality and other elected positions).
Local referendum, municipal elections, meetings (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 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 government bodies, official names are used:
· for the representative body - the city Duma, district (rural, township, etc.) meeting of deputies;
· for the executive and administrative body - the administration of the municipality.
Local government bodies also have their own administrative and legal status, which is characterized by the fact that:
they are separated from the state, are not part of the system of government bodies, and interact with them on the basis of law;
local government bodies on a constitutional basis may be vested by law with certain state powers with the transfer of material and financial resources for their implementation;
The Constitution of the Russian Federation gives local governments the right to independently resolve issues of local importance: ownership, use and disposal of municipal property;
local self-government is guaranteed by the right to legal protection, for compensation of additional expenses arising as a result of decisions made by government bodies, a ban on restricting the rights of local self-government;
· decisions of local government bodies and officials, adopted within the limits of 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 bodies. Responsibility to the population occurs as a result of loss of public trust ;
· responsibility to the state occurs in cases of violation by local government bodies and officials of these bodies of legislation and the charter of the municipality. In case of violations, the public authority may apply to the court for an opinion recognizing the non-compliance of the activities of the local government body, an elected official of local government with the legislation or charter of the municipality.
Conclusion
Based on the above, we can conclude that currently 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 of 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 units for administrative purposes that do not have authority, and sometimes independent bodies (structures of an organ within an organ), the composition of civil service employees as a special institution of state power.
Subjects of executive power carry out public administration within the established competence. The executive power cannot be outside the system of government 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, objectives, competence, structure and government positions in the civil service (managerial personnel) necessary for their work. Through its bodies, it is engaged in direct implementation legal norms adopted by the legislator. Its activities must be based on the law and carried out within the framework of the law. Executive bodies and government officials do not have the right to issue generally binding acts establishing new rights or obligations of citizens and organizations not provided for by law. The executive power is of a legal nature only if it is a subordinate power and acts on the basis of legality. Containment of the executive power is also achieved through its accountability and responsibility to representative bodies of state power. In a rule-of-law state, every citizen can appeal any illegal actions of executive bodies and officials in court.
List of sources used
1. State, power, management 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 edited by Prof. G.A. Tumanova - M- LAWYER, 2007.- 347 p.
4. Constitution of the Russian Federation 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-Yurist, 2009.- 276 p.
7. 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-Yurist, 2008.- 106 p.
Application
Rice. "Classification of executive authorities"
Appendix 2
"Interrelation of federal executive authorities"
Appendix 3
"Government of the Russian Federation"
Appendix 4
state power 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, the activities of 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 Disaster Relief
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 Orders
Federal Agency for Special Construction
Federal Agency for the Supply of Arms, Military, Special Equipment and Materials
Ministry of Justice of the Russian Federation
Federal Penitentiary Service
· 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-Terrorism 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, the activities of which are 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 Medical and Biological 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 Communications and Mass Communications of the Russian Federation
· Federal Service for Supervision of Communications, Information Technologies 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 Surveillance
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 of Transport
Federal Air Transport Agency
Federal Road Agency
Federal Agency for Railway Transport
Federal Agency for Maritime and River Transport
Ministry of Finance of the Russian Federation
· The Federal Tax Service
· Federal Insurance Supervision Service
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 Fisheries Agency
· Federal Service for Regulation of the Alcohol Market
Federal Service for Environmental, Technological and Nuclear Supervision
Federal Forestry Agency
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The current structure of federal executive authorities (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, when answering the main question “about structure”, I will allow myself to go somewhat beyond the scope of the question and touch upon two questions of “system” that are essentially related to it. In particular, the roles and significance for the structure of the federal executive bodies, the institutions of the President of the Russian Federation and the Government of the Russian Federation.
PRESIDENT OF THE RF IN THE SPHERE OF EXECUTIVE POWER.
The President of the Russian Federation is not organizationally part of the system of any branch of government.
Exercising state power as the head of state, the President of the Russian Federation rises above the legislative, executive and judicial branches of government. It ensures the coordinated functioning and interaction of all government bodies (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 scope of the powers of the President of the Russian Federation and their nature, he is classified as a special subject of administrative law. While not formally the head of the executive branch, the President of the Russian Federation actively influences the activities of executive and administrative bodies in two forms: DIRECTLY - on the above-mentioned executive bodies directly subordinate to him and INDIRECTLY through the Government of the Russian Federation on other executive bodies.
GOVERNMENT OF THE RF AND ITS POWERS.
The Government of the Russian Federation is a collegial body that heads the executive power system of the Russian Federation and issues administrative 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 Chairman of the Government of the Russian Federation and Federal Ministers.
The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the Duma. In the event of a three-time 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 The activities of the Government of the Russian Federation are constituted by the Constitution of the Russian Federation, federal laws, and regulatory decrees of the President of the Russian Federation.
The government heads, directs and controls the activities of the federal government system. This system consists of federal MINISTRIES and other federal executive bodies. Federal ministers are appointed, appointed and dismissed by the President of the Russian Federation, and deputy federal ministers and heads of other executive authorities are appointed and dismissed by the Government of the Russian Federation.
STRUCTURE OF FEDERAL EXECUTIVE BODIES
is determined by 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 IIVs defines the types of federal IIVs, and the STRUCTURE is defined as a list of specific bodies included in the IIV system. The peculiarity of this system and structure is that a number of federal executive authorities are combined into appropriate functional blocks for areas of public administration. The structure of each block includes a federal ministry and its subordinate federal services and federal agencies.
Within each block, the functions of the operational intelligence are divided in accordance with their system. MINISTRIES have SERVICES AND AGENCIES subordinate to them, over which they exercise coordination and control. The main function of ministries is the development of state policy and legal regulation in a certain field of activity. The main function of federal services is control and supervision over the implementation of legal norms in a certain area. The main function of federal agencies is to provide public services, state property management.
The structure of federal executive authorities itself was approved by Decree of the President of the Russian Federation dated May 12, 2008 No. 724 “Issues of the system and structure of federal executive bodies.” This structure consists of three sections, which include a list of existing federal executive authorities.
Federal ministries, federal services and federal agencies, the activities of which are managed by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries.
Let me not list all the bodies listed in the text of the decree, but limit myself to examples. Thus, the President of the Russian Federation has jurisdiction over:
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 (formerly KGB), Foreign Intelligence Service of the Russian Federation, FSO (Federal Security Service).
Federal agency – Administration of the President of the Russian Federation.
The heads of the above federal executive bodies and their deputies are appointed and dismissed by the President of the Russian Federation.
Federal ministries, the activities of which are managed by the Government of the Russian Federation, federal services and federal agencies subordinate to this federal ministry. Federal services and federal agencies whose activities are managed by the Government of the Russian Federation
Currently, the Government manages the activities of 13 ministries:
health 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 field.
So, for example, there is the Ministry of Transport of the Russian Federation. Subordinate to him are: the Federal Service for Supervision of Transport and the Federal Air Navigation Service, as well as four agencies: the Federal Agency for Railway Transport, the Federal Road Agency, the Federal Air Transport Agency and the Federal Agency for Sea and River Transport.
Heads of federal ministries, services and agencies are appointed and dismissed by the Government of the Russian Federation.
3. Federal services and federal agencies, the activities of which are 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 Fisheries Agency, etc. In total - 9 OIV... .
The rules for organizing the activities of federal executive authorities for the implementation 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 and other federal executive authorities in accordance with the standard 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 can also develop and approve their own regulations.
In addition to the above, let me, again, going beyond the scope of the question posed to me, touch on the related issue of EXECUTIVE BODIES OF THE SUBJECTS OF THE RF.
The system and forms of military intelligence in the republics are determined by their Constitutions, laws and other acts, of other subjects of the Russian Federation (territories, regions, autonomous okrugs, federal cities, etc.) - by their charters and other legal acts adopted in accordance with laws, and decrees of the President of the Russian Federation. The executive authorities of a subject of the Federation are included in a 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 executive authorities 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 body of executive power of the subject - the government, the cabinet of ministers, the administration, etc. territorial bodies of executive authorities (local executive authorities. As a rule, the highest official of a subject of the Federation is at the same time the head of the highest collegial body of executive authority.
In accordance with the constitutions, charters and other bodies of the subjects of the Federation, territorial executive authorities - LOCAL EXECUTIVE POWER BODIES - can be created in them.
In Russia there is also LOCAL SELF-GOVERNMENT - independent activity of the population through the elected and other self-government bodies it creates - a meeting of representatives (the Duma, the municipal committee, etc.), the head of local government (the head of the local administration, the mayor, the headman, etc.)... . LOCAL SELF-GOVERNMENT BODIES 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 republics, charters and other laws of the constituent entities of the Federation and other regulations.
In accordance with the principle of federalism, the current system of executive power consists of the following levels (clause 2 of 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 executive power system is legally expressed in the fact that acts of federal executive bodies are binding on the corresponding executive bodies of the constituent entities of the Federation, and the acts of the latter are subject to compliance by federal executive bodies.
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 federal executive bodies, we will determine the place of the President of the Russian Federation in the system of government bodies.
The President of the Russian Federation, being the head of state, is not part of any branch of government, but in the sphere of executive power he is vested with broad powers. It is in accordance with Art. Art. 80-90 of the Constitution of the Russian Federation:
Determines Russia's domestic and foreign policy; his powers extend to the entire sphere of public administration;
Creates federal executive bodies, approves their system and structure, determines the content and 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, at the proposal of the Chairman of the Government appoints and dismisses the Deputy Chairman and federal ministers);
Has the right to chair a meeting of the Government of the Russian Federation;
Issues decrees and orders that are binding throughout Russia;
Has the right to cancel acts of the Government of the Russian Federation and suspend the validity of acts of 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 authorized representatives of the President of the Russian Federation in federal districts in order to ensure the unity of state policy in the activities of executive authorities of Russia, to increase the efficiency of interaction between federal executive authorities and 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-in-Chief of the Russian Armed Forces;
Has other powers in the executive branch.
Let us move on 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 of 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 that heads the unified system of executive power in the Russian Federation. It consists of the Chairman of the Government, his deputies and federal ministers. The Chairman of the Government 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 state:
Develops and submits the federal budget to the State Duma 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;
Pursues a unified state policy in the field of culture, science, education, healthcare, social security, and ecology;
Manages federal property;
Implements measures to ensure the country's defense, state security, and 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, and the fight against crime;
Forms federal target programs and ensures their implementation.
The government also exercises other powers vested in it by the Constitution, federal laws, and decrees of the President of the Russian Federation.
Preparation and holding of Government meetings is carried out on the basis of the Regulations of the Government of the Russian Federation, approved by 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 Chairman of the Government, in his absence - by the Deputy Chairman of the Government as necessary.
A Government meeting is considered valid if at least half of the Government members are present. Decisions made at a Government meeting are documented in minutes.
To resolve operational issues, the Government, at the proposal 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 decrees and orders adopted on the basis 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 it adopts throughout Russia.
The government resigns its powers to the newly elected President of the Russian Federation. It may resign before the expiration of its term of office. The resignation is accepted or rejected by the President of the Russian Federation. No confidence in the government can be expressed by the State Duma, which issues a resolution 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 dated March 9, 2004 No. 314 stipulates that the system of federal executive authorities includes three elements: ministries, services and agencies.
The first link in the system of federal bodies is the ministries of the Russian Federation.
The Ministry of the Russian Federation is a federal executive body that carries out the functions of developing state policy and legal regulation in the established field (industry) 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 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 part of the Government of the Russian Federation, carries out public 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 the regulations on the ministry approved by the President or the Government of the Russian Federation.
The Minister issues orders, instructions, directions, instructions on issues within his competence (in necessary cases jointly with other federal executive authorities), i.e., establishes rules of conduct that are mandatory for execution by 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 board consisting of the minister (chairman of the board), his deputies, senior officials and specialists of the ministry, scientists, and representatives of other organizations. The personal composition of the board is approved by the Government of Russia. The decisions of the board are documented in protocols and implemented, if necessary, by orders of the minister.
The structure of the ministry consists of leadership (the minister, his deputies, the board), departments, main directorates, directorates, departments and other divisions. The structure and regulations on structural units 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 name.
Federal ministries function in various spheres of life. Currently, 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 whose 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, Emergencies and Disaster Relief; 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 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 authorities is the federal services. The President of the Russian Federation established that the federal service is a federal executive body that exercises 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, crime control, and public safety.
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 led by the President of the Russian Federation, others are under the jurisdiction of the Government of the Russian Federation.
Towards independent federal services, the activities of which are managed by the President of the Russian Federation, include:
State courier service of the Russian Federation.
Russian Foreign Intelligence Service.
Federal Security Service of the Russian Federation.
Federal Service of the Russian Federation for Drug Control.
Federal Security Service of the Russian Federation.
The following independent federal services are under the jurisdiction of the Government of the Russian Federation: antimonopoly; according to 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 authorities is the federal agencies.
Federal agencies are a federal executive body that, in the established field of activity, carries out the functions of providing public services, managing state property and law enforcement functions, with the exception of control and supervision functions.
The President of the Russian Federation determined that the Main Directorate of 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 bulk of federal agencies are included in 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 Atomic Energy Agency 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 the 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.
Collegiums approved by the Government of the Russian Federation are formed in federal services and agencies. 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 current 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 for constructing executive authorities is represented by the executive authorities of the constituent entities 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 areas of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation 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 constituent entities of the Russian Federation”, constitutions of republics, charters and other legal acts of other constituent entities of the Federation.
It must be said that the systems of executive authorities of different 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 bodies of the subjects of the Federation, executive authorities operate with general, sectoral and intersectoral (special) competence.
The system and organizational and legal forms of executive authorities in republics are determined by their constitutions, laws and other acts; other subjects - territories, regions, cities of federal significance and autonomous entities - their charters adopted in accordance with the laws and decrees of the President of the Russian Federation.
Bodies of general competence include:
Governments of 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 election of heads of government and appointment of other members of government;
Administration of territories, regions, federal cities, autonomous regions, autonomous districts.
The system of executive power organizations 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 chairman of the government.
The executive power in the Komi Republic, says Art. 80 of the Constitution of the Komi Republic, is carried out by the head of the republic, the government headed by him, as well as local administrations included in the system of executive power of the republic as government bodies that exercise 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 and ensures interaction with 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 in 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 serves to vest the President of the Republic, who is the head of state, with the powers of the head of the executive branch. The specified combination of two forms of legal personality in one person is provided for in Art. 69 of the Constitution of the Republic of Tyva and Art. 80 of the Constitution of the Republic of North Ossetia - Alania.
5. Collegial systems of formation and organization of executive power in the republic. This is the case. when: a) the executive power (the government of the republic) is directly formed by a representative body, the deputy corps (in the Udmurd Republic); b) the executive power is headed by a collegial body, which forms the government of the republic. Such a government 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's take a closer look at the executive authorities using the example of a 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 city governor;
Government of St. Petersburg.
The governor is the highest official of St. Petersburg.
Art. 38 of the Charter of St. Petersburg determines that the vesting of a citizen of the Russian Federation with the powers of the governor of St. Petersburg is carried out in accordance with Federal Law of October 6, 1999 No. 184-FZ “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities 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, ..., taking office as Governor of St. Petersburg, swear to comply with the Constitution of the Russian Federation and federal laws, the Charter
of St. Petersburg and the laws of St. Petersburg, respect and protect the rights and freedoms of man and citizen, and by all means contribute to the prosperity of the city and improve the well-being of its residents.”
The Governor of St. Petersburg exercises the following powers:
1) represents St. Petersburg in relations with federal government bodies, government bodies of its constituent entities, local government bodies 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) has the right to demand the convening of an extraordinary meeting of the Legislative Assembly, as well as to convene the newly elected Legislative Assembly for the first meeting;
4) have the right to participate in the work of the Legislative Assembly;
5) exercises 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 to vote, signs legal acts, and also decides on the resignation of the government;
7) submits to the Legislative Assembly of St. Petersburg the city budget of socio-economic development programs 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 Election Commission;
10) has the right to cancel legal acts of the government of St. Petersburg in case of their contradiction with 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, the laws of St. Petersburg, legal acts of the governor of St. Petersburg;
11) exercises other powers in accordance with federal laws, the charter and laws of St. Petersburg;
12) ensures coordination of the activities of executive bodies of state power in St. Petersburg with other government bodies, as well as interaction with federal executive bodies, local governments and public associations.
What restrictions are there for the governor?
The governor cannot simultaneously be a deputy of the legislative body of state power of a subject of the Federation or a local 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 of office.
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) resignation at their own request;
4) removal from office due to loss of confidence of the President of the Russian Federation for improper performance of his 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 incompetent or partially capable by a court decision;
6) being declared missing or declared dead by a court decision;
7) joining legal force court conviction;
8) leaving the Russian Federation for permanent residence;
9) loss of Russian citizenship.
The Legislative Assembly of St. Petersburg has the right to express no confidence in the governor in the event of:
a) issuing acts that contradict the Constitution of the Russian Federation, federal laws, the charter and the 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) other 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 of St. Petersburg, formed for the preliminary consideration of the most important issues, falling within 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, information 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-technical policy, management of state property;
Social and demographic policy, social protection, health care and sanitary and epidemiological welfare of the population, environmental protection;
Urban management, housing policy, improvement, transport, communications, energy, environmental 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, media, youth policy, physical culture and sports;
Legality, law and order and security, external relations, tourism development, as well as in other areas determined by the Governor of St. Petersburg.
The government may include other persons: the governor’s representative in the Legislative Assembly; no more than two heads of territorial bodies of federal executive authorities.
Heads of bodies and other officials are appointed 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 Main 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 Government by considering at its meetings candidates nominated by the governor for the above positions.
The resolution of the Legislative Assembly on approving the appointment of a candidate for the position of vice-governor is considered adopted if more than half of the number of elected deputies votes for it.
The Government of St. Petersburg performs the following functions:
1) implements measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, and fight crime;
2) develops draft budgets and 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, and other draft laws of St. Petersburg that provide for expenses covered by the city budget;
4) ensures the execution of the budget of St. Petersburg, prepares reports on its execution and on the implementation of socio-economic development programs;
5) approves the list of main managers of city budget funds;
6) forms and heads other executive bodies of state power of the city, appoints and dismisses their leaders;
7) manages and disposes of city property, as well as federal property transferred to the management of St. Petersburg in accordance with federal laws and other regulations of the Russian Federation;
8) has the right to propose to a local government body (LGU), an elected or other official, to bring the charter of St. Petersburg, laws and other legal acts into conformity with the legislation of the Russian Federation, and also has the right to go to court;
9) has 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) has the right to suspend the validity 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 government regulations. A government meeting is considered valid if more than half of its appointed members are present.
Government meetings are presided over by the governor, and in his absence, by the person performing his duties.
Vice-governors and other members of the government participate in its meetings in person, and if it is impossible to participate, they inform the governor’s administration about this.
At government meetings, decisions are made by a majority vote of the government members present. In case of equality of votes, the presiding officer's vote is decisive.
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. Regional and regional administration. 13 2.2. Local administration. 16 Conclusion 19 References: 21 Introduction. Executive authorities play main 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 is characterized by the regulation of civil legal relations (property and associated personal non-property rights), criminal law - regulation of relations related to crime and punishment. Administrative legal relations are social relations regulated by the norms of administrative law that develop in the sphere of activity of the executive branch. The very concept of executive power in Russia and its structure underwent a number of serious changes both during “perestroika” and during the formation of a market state. 1. The concept of administrative legal relations. Administrative-legal relations are a type of legal relations, diverse in nature, legal content, and in their participants. They are characterized by all the basic features of any legal relationship, such as: the primacy of legal norms, as a result of which a legal relationship is the result of the regulatory influence on a given social relationship of a given legal norm, giving it legal form; regulation by a legal norm of actions (behavior) of the parties to this relationship; correspondence of mutual obligations and the law of the parties to the legal relationship, determined by the norm, etc. However, it is necessary to highlight some features that complement this general characteristic and can serve as the 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 government powers); . administrative legal relations almost always arise at the initiative of one of the parties; . if a violation of an administrative law occurs, the violator is liable to the state; . Disputes between the parties are usually resolved administratively. . Administrative legal relations are power relations built on the principles 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. To summarize the above, we can give the corresponding concept of an administrative legal relationship as a managerial social 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 fall of 1992, the system and structure of the central bodies of the 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 the federal executive power that meets the current stage of radical economic reforms, decentralization of power, greater independence of local bodies, including in carrying out 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 the federal executive power are: 1) the Ministry of the Russian Federation; 2) state committee of the Russian Federation; 3) Committee of the Russian Federation; 4) Federal Service of Russia; 5) Russian Agency; 6) Federal Inspectorate; 7) Federal supervision of Russia. The same Decree determines the organizational and legal status of the above-mentioned units of the central bodies. The Ministry of the Russian Federation is the central body of the federal executive power that manages the branch of management or field of activity entrusted to it. The minister is an ex-officio member of the Government of the Russian Federation and manages the area 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 that carries out intersectoral regulation on a collegial basis. The Chairman of the State Committee is an ex-officio member of the Government of the Russian Federation. Decisions of the state committee on intersectoral issues of a general normative nature are made jointly by committee members 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. 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 body of the federal executive power, carrying out state regulation and intersectoral coordination on issues under its jurisdiction. The Chairman of the Committee of the Russian Federation is not an ex officio member of the Government of the Russian Federation. The Federal Service, Russian Agency, Federal Inspectorate are the central bodies of the federal executive power that carry out 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 established competence, cannot be part of ministries and state committees or be subordinate to them. The fact is that the sectors and areas of management entrusted to committees, services, agencies and inspections 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, spheres and volumes of management activities have narrowed significantly. Therefore (along with other factors), their management is entrusted not to ministries and state committees, but to central bodies that are new in composition and organizational and legal status - committees of the Russian Federation, federal services of Russia, Russian agencies, federal inspectorates. Federal supervision of Russia carries out state regulatory regulation of security issues within its competence, as well as special permitting, supervisory and control functions. The supervision of Russia is managed on the basis of unity of command by its chairman, who 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 supervision bodies, strengthen the role and increase the efficiency of its supra-departmental supervisory activities in the context of economic reform, it is established that the chairmen of federal supervision are appointed and dismissed by the President of the Russian Federation. The provisions 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 central bodies of the federal executive power. One can hope that this system will finally stabilize and take hold for a long time. Society is interested in this, as 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 and sharply reduce its competence and efficiency. That is why the problem of stabilizing the management system was so acutely discussed in December 1992 at the VII Congress of People's Deputies of the Russian Federation and at the V session of the Supreme Council 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 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 in September 1992 he single-handedly carried out a large-scale reorganization of the entire system of central government bodies, now this can only be done by decision of the Supreme Council of the Russian Federation. In Art. Article 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 amended by the Supreme Council of the Russian Federation. ..” These issues are decided by the Supreme Council of the Russian Federation at the proposal 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 No. 1147 of September 30, 1992, 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 edition 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 federal bodies of legislative, executive and judicial power; establishes general principles for organizing the system of representative and executive authorities on the territory of the Russian Federation.” The publication of the Law of the Russian Federation on central government bodies is envisaged, which will determine the competence, procedure for organizing and operating 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 (Chapter 15.1 and 16), the system of executive authorities of the 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 a 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 individual rights and freedoms, compliance with 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 (Article 132.2 of the Constitution of the Russian Federation). The powers, procedure for 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 as part of the Russian Federation - the Government of the Republic as part of the Russian Federation - is the highest executive and administrative body of state power of the republic. It is formed by the Supreme Council 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 decrees 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 decrees 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 Councils of People's Deputies of the Republic. Ministries and state committees of the republic within the Russian Federation manage the branches of management entrusted to them or carry out intersectoral management, subordinate to both the Council of Ministers of the republic within the Russian Federation and the relevant ministry or state committee of the Russian Federation. Local government bodies 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 of 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 okrug and federal city. 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, regional administration, administration of the autonomous region, autonomous district, cities of federal significance, which is accountable to the relevant Council of People's Deputies and higher executive organs. The activities of the regional, regional administration, administration of the 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, procedure for the formation, organization and activities of the regional, regional, autonomous region, autonomous okrug and federal city administrations are established by the law of the Russian Federation. Acts of a territorial, regional administration, administration of an autonomous region, an autonomous okrug, or 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. Administrations of territories, regions and autonomous entities interact with representatives of the President of the Russian Federation. At the same time, 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. Regional and regional administration. Organizational basis for the activities of the regional and regional administrations. 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.” The regional, regional administration, being the executive body of state power (public administration body) of the territory, region, is accountable to the regional, regional Council of People's Deputies and, together with it, ensures: . implementation of general 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 management of the Russian Federation and local government bodies; . involving the population and public associations in the management of the region. The territory, region have their own Charter, which, on the basis of the Constitution and laws of the Russian Federation, establishes the management scheme of the territory, region, specifies the structure, functions and powers of the Council and administration, the rights and responsibilities 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 regional and regional councils have the right of legislative initiative at the Congress of People's Deputies of the Russian Federation and in Supreme Council RF. The regional, regional administration, as well as the regional, regional Council, has the right to submit for consideration to 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 and regional administration includes: 1) Head of the regional and regional administration; 2) bodies of the regional and 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 exercise of its powers. The head of the regional, regional administration on issues within his jurisdiction makes decisions and issues orders. Heads of regional and regional administration bodies issue orders within the limits of their competence. Acts of the regional and regional administrations come into force from the moment they are signed, 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. Acts of the regional, regional administration, adopted within its competence, are mandatory for execution by all enterprises, institutions, organizations, officials and citizens located on the territory of the territory, region. Bodies of the regional, regional administration are created in accordance with the scheme enshrined in the Charter of the territory, region and on the basis of decisions of the head of the regional, regional administration. According to the Law on the regional, regional Council of People's Deputies, regional, regional administration (Article 38, paragraph 1), committees, directorates, departments and other structural units are created within the regional, regional administration, directly subordinate to the head of the administration. The heads of the regional, regional financial and social protection management bodies are appointed and dismissed by the head of the regional, regional administration with subsequent approval by the regional, 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 the management of state property in agreement with the head of the regional, regional administration and subsequent approval by the regional, regional Council . Other officials of the regional and regional administration bodies 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 and regional administrations are defined in detail by Chapters 7-9 of the Law on the Territory and Regional Council of People's Deputies and the Territorial and 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 of organizing the activities of citizens for 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 Councils of People's Deputies; 2) executive authorities - 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, and implement decisions of higher government bodies 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 and city Councils adopt, and the settlement and village Councils may adopt, regulations (charter) on local self-government in the territory under their jurisdiction, which specifies the functions, operating procedures, system and structure of local authorities and management, and the division 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 Councils of People's Deputies and the corresponding governing bodies are vested 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 is the executive body of government in a district, city, district in a city, town, village council. The local administration carries out 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, regional bodies of state power and administration, decisions of local Councils adopted within the limits of 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. Decisions of the local administration, adopted within its competence, are binding on all enterprises, institutions, organizations, local government bodies and citizens located in the territory under its jurisdiction. Such decisions cannot be canceled by other bodies of state power, administration and self-government. The local administration has the right to submit to a court or arbitration court demands to invalidate acts of government 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 decisions by a court or arbitration tribunal. In cases of natural disasters, environmental disasters, epidemics, epidemics, fires and violations of public order, the local administration has the right and obligation to implement measures provided by law to ensure the personal safety of citizens, the protection of their rights and legitimate interests, and the protection of all forms of property. Supervision over compliance with the law in the activities of local administrations is carried out by the Prosecutor General of the Russian Federation and the prosecutors reporting to him. Decisions of the local administration, its bodies and officials that contradict 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 the administration with notification to the superior Council. If the prosecutor's protest is not considered within ten days or is rejected by the head of the local administration, the prosecutor has the right to go to 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 divisions performing the functions of sectoral and intersectoral management in a district, city, district in a city, large settlement, large village council. In a small town or village administration, the functions of sectoral management may be assigned to officials appointed by the head of the administration. The head of the local administration manages the activities of the local administration on the principles of unity of command. The specific name of the position of the head of administration is established by the relevant Council, based on local traditions, and is enshrined in the regulations (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 quite broad. The head of the local administration submits an annual report on the activities of the local administration to the relevant Council. An important power 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. Bodies and structural divisions of the local administration are subordinate to the head of the local administration in all matters of their activities. At the request of the Council or its chairman, the head of a body or structural unit of the local administration is obliged to present a report at a session or at a meeting of the standing commission on the state of affairs in the area under his jurisdiction. Conclusion Social management is impossible without authority, that is, state will, regardless of whether it is represented by one person or a collegial body. Speaking about managing the affairs of society, one should highlight such an independent area as management state affairs which is carried out by all state bodies. Among them, the legislation distinguishes special group- government bodies that are specifically created to carry out this type of government activity. The apparatus that carries out public administration is built and functions in accordance with socio-political and organizational principles. When defining “public administration,” the entire list of its features should be given, which will allow us to consider it as an organizing, executive and administrative activity of state bodies, carried out on the basis and in execution of laws and consisting in the everyday practical performance 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 regional, regional Council of People's Deputies and the regional, 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 understanding it. Textbook - M. 1993
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State- a very complex and multifaceted social formation. It can be considered both as a geographical and as a social phenomenon. Geographically In a sense, a state is a country occupying a certain territory and inhabited by its citizens. In a social sense the state acts as an organization created by people and carrying out certain activities in the sphere of public 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 a tool of a certain class, segment of the population or clan (family);
3) as an independent organization endowed with certain rights and responsibilities.
Currently, there are two main approaches to interpreting the essence of any state.
First approach(so-called class) is 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 viewed 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 entire society, resolve emerging contradictions and conflicts, and act as a means of achieving social harmony and compromise.
State is a political-territorial organization of society and its public, sovereign and legitimate power, ensuring security, promoting the development of freedom and well-being of both society as a whole and its constituent parts.
Signs of a state: Territory, taxes, language, currency, army, population, constitution, state. Symbolism and 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, represented by its bodies, independently resolves all issues that relate 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 the 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. For these purposes, the state must:
1) establish a certain order in society and maintain it, even to the extent of using coercion;
2) to ensure social peace and stability in society, acting as a kind of social arbiter in relations between different groups, layers of society when their interests collide, moderate these clashes and achieve a certain social compromise;
3) ensure the security of society from criminal attacks 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 weaker layers and groups of the population, i.e. be social;
5) act as a force integrating society, i.e. to achieve peace and harmony in society, to take care of the development of culture, education, art, healthcare, i.e. to be, in the words of I.A. Ilyin, a “spiritual community.”
Ideally, the purpose of the state is to serve man, to create the necessary conditions so that he can develop as much as possible and demonstrate his abilities and talents, since man is the highest of all values in 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, making the state serve the people is not an easy task.
The role of the state in the life of society comes down to its basic functions.
TO internal functions covering the sphere of internal, independent life of the state, directly affecting each member of society, include the following types of functions:
Protective.
Economic.
Social.
Cultural and educational.
Environmental.
TO external functions aimed at ensuring the existence of the state in world society include:
Defense of the state from armed attacks by other states.
Maintaining international political relations (diplomatic activities), economic and cultural ties.
Fighting 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 (the exploited). V.I. Lenin gave a similar description: “The state is a machine for the oppression of one class by another, a machine to keep other subordinate classes in obedience to one class.”
The characteristics of a state include:
1) the presence of public political power, which has a special apparatus of control and coercion;
2) territorial organization of the population;
3) state sovereignty;
4) comprehensive, generally binding nature of state acts;
5) the presence of the state treasury, which is associated with taxation and collection of taxes and other funds for the maintenance of the state apparatus and various needs of the state.
The named characteristics constitute the political and legal characteristics of the state.
Sometimes the main features of a state include 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 considered the most important. They are rather auxiliary, additional.
Public political power– one of the main features of the state. Let us recall that power in primitive society was not of a political nature, since the clan 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: survival and reproduction of humanity. And only with the differentiation of society do various interests appear among different groups, layers, classes, and the regulation of these interests means politics. Acting as an arbiter between different layers and groups, the state acquires a political character. But it does not represent the power of the entire society, but stands above society, is separated from it, and 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, and bodies that form the state apparatus. This device is characterized by the following features:
a) specially created to manage the company;
b) has authority up to and including 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
society, designed to manage its affairs, eliminate emerging social conflicts, ensure law and order and a certain regime of government. When exercising political public power, the state uses various means and techniques of management, among which the ability to use coercion occupies a special place. For this purpose, the state has special institutions - the army, the court, the police, prisons, etc., which have the right to legally (on a legal basis) use coercion against anyone who does not obey the orders of state power.
It should be emphasized that 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 sedentary lifestyle, but also outline the limits of the exercise of state power and its jurisdiction. At the same time, state borders mean the territorial integrity 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, and state power itself is organized on the basis of this basis. 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 regime of life of society within its territory and independence in relations with other states. In legal literature, it is customary to distinguish three main properties of sovereignty: supremacy, independence and unity.
Supremacy presupposes the full power of the state on its territory. No other power has the right to assume the functions of state power, it follows that the state:
a) extends its power over the entire territory of the country;
b) determines the entire structure of legal relations;
c) establishes the legal status of various organizations, associations, the framework of behavior and actions of individuals and legal entities;
d) regulates the rights, freedoms and responsibilities of the individual;
e) regulates the competence of government bodies and the powers of officials, etc.
Supremacy, however, does not mean unlimited state power. In a democratic society, government power is limited by rights 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-limiting the need to respect natural inalienable human rights, 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 voluntarily signed agreements and generally accepted principles and norms of international law.
Unity state sovereignty presupposes 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, generally binding 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, amend or repeal legal norms that apply to the entire population of the country. Only the state, through generally binding acts, can establish a legal order in society and force its observance.
Regulatory 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 and given a legal character.
Legal regulations regulate the organization of the state apparatus, its structure, scope of competence, techniques and methods of activity. Legal regulation brings specificity and certainty to the status of individuals, associations of citizens, their rights, responsibilities, general rules behavior.
State power manifests itself primarily through normative legal regulation of social relations. Legal acts establish legal connections between the state and members of society, between different elements of society, i.e. its legal organization is drawn up.
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 is impossible without their financing from the state treasury. In the literature, this feature of the state is sometimes called taxation and collection of taxes. However, taxes are only one source of government revenue, albeit a very important one. The concept of the state treasury is much broader and includes, in addition to taxes and obligatory payments, government loans, internal and external loans, customs duties, securities, currency values, gold reserves, etc.
Taking into account the listed signs state can be defined as a power-political organization of society that has state sovereignty, a special apparatus of management and coercion, a state treasury and establishes legal order in a certain territory.
Other definitions are also given in educational literature. For example, state- this is the political organization of society, ensuring its unity and integrity, exercising, through the state mechanism, the management of the affairs of society, sovereign public power, giving law a generally binding meaning, guaranteeing the rights, freedoms of citizens, legality and order (Prof. V.M. Korelsky). Another definition: " State“is the organization of political power necessary to carry out both purely class tasks and general affairs arising from the nature of any society” (Prof. M.I. Baitin). State determined as well as a public organization that has 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.
There are two types of social power - 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 government bodies 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 type 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 integrity and controllability to society, and serves as the most important factor of organization and order. Social power is a systematizing element that ensures the viability of society. Under the influence of power social relations become purposeful, acquire the character of managed and controlled connections, and the joint life of people becomes organized. Thus, social power is an organized force that ensures the ability of a particular social community, a ruling subject - clan, group, class, people - to subordinate to its will using people under their control various methods, incl.
method of coercion).
State power has many qualitative features; the most important feature of state power lies in its 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-state organizations in the political system of society.
Political system of society or political organization of society- a set of interactions (relations) organized on a single normative and 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 are 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, moderate or acute conflict or consensus, etc.), political and legal status of the state (constitutional, with developed or undeveloped legal structures), the nature of political, ideological and cultural relations in society (relatively open or closed), historical type of statehood (centralist, with hierarchical bureaucratic structures, etc.), historical and national tradition of the way of political life (politically active or passive population, with or without blood ties, with developed or undeveloped 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 instruments 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;
sixthly, the state has 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 government influence, but not themselves acting as subjects of political power (kennel clubs, societies of numismatists, car enthusiasts, etc.);
- MASS MEDIA, who have a serious influence on the development of political processes in society, on the formation of political views, beliefs and positions of people, conduct active 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;
- Social partnership bodies, which are created at different levels to regulate the relationship between employee and employer, to eliminate disagreements in the field of social and labor relations, etc.
regulatory (normative) subsystem - includes:
Legal norms and principles with 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 PSO activities, 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;
regulatory function intended to regulate political behavior and political relations in society through political norms and principles;
political-ideological, designed to implement certain concepts, theories, teachings, slogans that are attractive to the population, but express, first of all, the interests of those in power.
communication subsystem - involves relations both within the political system and outside, with relations both based on the rules of law and informal relations and processes, for example, informal relations between the state apparatus and representatives of business, unions of industrialists, banks. This subsystem also includes maintaining 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 place 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 a given association; they do not have state sovereignty; their decisions concern only members of the association
The 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 tougher competition in world markets, the shortage of natural resources and the intensification of the struggle for control over them, a demographic explosion, as well as increased technogenic pressure on nature and the distribution of weapons mass destruction, increasing the risk of 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 globalization process covers - 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 area of globalization is the international economic system. but this brings with it a number of difficulties - due to the unequal pace of development and 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, radically changing the entire structure of modern production and people’s lives. The level of economic development and the place of the state in the world system determine its intellectual potential, the possibility of creating a research infrastructure, and investment in education and professional training.
Information revolution– created a global information space, which is characterized by immeasurably large flows of information, possibilities for its use, and a gigantic impact on everything
life processes, consciousness and behavior of people. The struggle for information space is becoming one of the most important factors in modern geopolitics.
Globalization is also expressed in the interpenetration and mutual influence of cultures and civilizations, and in increased standardization lifestyle, consciousness and behavior of people, education, etc.
Globalization 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 worldwide economic, political and cultural integration and unification. The main consequence of this is the global division of labor, planet-wide migration of capital, human and production resources, standardization of legislation, economic and technological processes, as well as the rapprochement 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 expansion in the number and types of integrating entities.
Globalization has an active influence on all sides (parts) legal system country, into its static and dynamic elements. Expands and deepens legal regulation, this is caused by the complication of the subject of regulation. Under the influence of globalization, entire branches and institutions of law and legislation have been formed in the regulatory framework of the Russian Federation, such as space, nuclear, etc. The range of complex intersectoral structural formations of legislation has grown significantly, the most typical example of which is social legislation, legislation on combating crime, etc. Contrasting public and private interests both nationally and internationally. In the context of globalization new sources of law are emerging, which include the legal positions of the Constitutional Court of the Russian Federation, legal custom and business customs, etc. The role of the normative agreement is increasing. Happening greening of law and environmental legislation is developing. In the context of globalization, the dynamic elements of the Russian legal system, related both to lawmaking and law implementation and enforcement, are also undergoing significant changes. The power and strength of influence on lawmaking various social factors. The role of the economic factor is increasing many times over, pushing into the background even such a powerful social factor as the political one. The international social factor almost does not interact with the national one during lawmaking. Among the providing factors, the informational factor comes to the fore, replacing in many ways the organizational factor. In the field legal implementation The most noticeable 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. Happening harmonization of Russian legislation with the legislation of the CIS countries and Europe. Globalization has the most deforming influence on such an element of the legal system as legal consciousness. The main value becomes maximizing the freedom of the individual.
State in the context of globalization. Global market forces represented by transnational corporations and financial and industrial groups (TNCs) have a powerful influence. The increasing power of TNCs weakens state power, because their credo is a minimum of the state in the economy and social sphere. There is a growing number of non-state actors that are performing functions that were previously the domain of state activity. A huge number of international non-governmental organizations (religious, human rights, charitable, environmental) are emerging, which influence public opinion and policy formation.
Concept and classification of state functions.
G functions - the main direction of his activity, in which his essence is directly expressed
Signs (features) of G functions:
1) The most sustainable areas of his activity in the spheres of public life;
2) Always aimed at solving the most important problems facing the city;
3) During 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 the duration of their action:
Permanent(implemented by G throughout the entire period of its existence). For example, law enforcement;
Temporary(G are realized only at certain stages of its development). For example, the function of waging wars to capture slaves.
2) By territory of their implementation:
Internal functions(within territory G). 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 of managing specific social relations based on the rules of law;
Judicial(law enforcement) - consists of resolving legal disputes that arise between participants in legal relations: the function of protecting the rights and freedoms of subjects of legal relations.
5) By nature of expression of interests
Group(class) - the class component of the essence of G is predominantly 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, there are also those that G pays more attention to than others, depending on the situation in the country.
Most of the functions are carried out 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 levels, and individual organs the state apparatus can use them, which does not entail the disappearance of the functions of G.
Evolution of state functions.
The functions of the state are not unchanged throughout the development of the state; the conclusion that the functions of the state change during the development of the state itself can be confirmed by individual examples.
As such an example, we can consider the transition of the state from totalitarian regime to democratic u. 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-organizational, cultural-educational, regulation of the measure of labor and measure of 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-organizational function and the function of regulating the measure of labor and the measure of consumption represent two components of the functioning of a totalitarian system in the field of economics, in particular distribution, and the cultural-educational function is half a function of ideological control.
The question of the functions of the state is part of the question of the functions of public power in any society, and the objective basis for their identification may be the degree of monopolization of political power and the relationship between the state and society. 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 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 moving on to consider what happens to 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. Likewise, the content of the state function does not give a complete picture of it without taking into account organizational and legal forms . The organizational forms of the functions of the state are its mechanism, the system of bodies, and their powers. The legal form of the functions of the state is nothing more than the legal design and legal restriction of the activities of the state, including the publication of relevant regulations, the organization of their implementation and protection from violations, i.e. forms of practical activity of the state .
The process of the state’s influence on a certain area of social relations begins with the publication 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 occurs in the form of executive and administrative activities in accordance with legislative acts issued by the state.
The next legal form of exercising state functions is law enforcement. It consists in the obligation of the state to prevent violations of laws and regulations by participants in state-regulated social relations when they exercise their rights and obligations.
The implementation of state functions, thus, occurs 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 the state in the period of transition from totalitarianism has its own characteristics.
At the first stage, the state can objectively only prepare the ground, create prerequisites and conditions favorable for the functioning of a market economy. Therefore, the main tasks of the economic function come down to overcoming the totalitarian legacy in the economy, gradually strengthening the private sector, stimulating diversity in the economy, reforming agriculture, and attracting foreign private capital.
The implementation of the listed 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.
Generalization of the practice of socio-economic transformations in the countries of the former socialist community allows us to talk about some patterns inherent in the economic function. These include widespread privatization, the development of the private sector in the economy, and the expansion of the scope of its indirect regulation by the state by reducing the scope of direct economic management.
There is no doubt that the solution to the economic problems of the state concerns the legal sphere as a whole. The legal form of manifestation of the economic function is essentially universal, since all types 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 fundamental features of post-totalitarian legislation are that it regulates and consolidates new principles of economic policy.
As economic reform deepens and the foundations of a social state are formed, the main goal of state influence on the economy will change qualitatively. The previous goal was to create the material basis for the monopoly domination of the party state nomenklatura. Hence the extensive development of production based on cheap labor, Special attention development of branches of the military-industrial complex to the detriment of industries that provide solutions to social problems.
The transition to a market largely excludes direct government intervention in basic economic processes and involves influencing their development through the use of economic levers and incentives, primarily taxes, on the basis of a balanced, scientifically sound tax and investment policy.
The object of economic influence of the state is undergoing significant changes. If previously these were production relations that existed under monopoly state ownership, now these will be production relations outside this sector, as well as economic exchange relations, 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 from the state, i.e. content of the economic function.
Next, we can highlight the specific function of the state in the transition period - the constitution of democratic power. This will be a function directed not “outward” (at society), but at the state itself as a system of organs.
Let us turn to one more side of the state’s activities. Previously, the ideological function of a totalitarian system, in particular the “cultural-educational” one, was customary to include “management of propaganda and agitation, education and science, children’s upbringing, 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 people’s ideological views 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 development of civil society and protecting the rights and free interests of citizens. There must be changes in the structure and content of legislation, previously focused on protecting primarily the interests of the authorities. Now priority must be given to the individual. In other words, the essence of the law enforcement function must be filled with legal and democratic content.
External and internal functions modern state.
The areas of activity distinguish between internal and external functions. Internal functions are implemented in domestic policy and are aimed at solving problems within the country, and external functions are implemented in international communication with other states and international organizations. Environmental 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 combat global warming solely within the framework of domestic policy. The economy in modern conditions of globalization and 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. ensuring favorable conditions for economic development);
2) social function (i.e. ensuring the well-being of all social groups, in particular healthcare, education, social security, labor protection, this also includes the development of culture, although many scientists identify the cultural and educational function as an independent one);
3) environmental function (i.e. ensuring a favorable state of the environment for human life and protecting nature)
4) function protection of law and order, human and civil rights and freedoms;
5) function security citizens in emergency situations natural, technogenic and social nature;
6) some scientists also highlight 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 functions:
1) national 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, not only internal, but also external functions can be understood as environmental, economic functions and function protection of human rights
Formational and civilizational approaches to the typology of the state.
Typology of the state is a special classification that divides states into certain types.
Type of state call 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, we can distinguish several approaches to this issue.
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 it, 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 using the formational approach take into account:
correspondence of the state level to a certain socio-economic formation. Socio-economic formation– a historical type of society, which is based on a certain method of production;
a class whose instrument of power is the state;
social purpose of the state.
The formational approach identifies the following types of states:
slaveholding;
feudal;
bourgeois;
socialist.
According to the formational approach, after a change in the economic formation, a transition occurs from one historical type of state to another, newer one.
The formational approach has the following advantages:
the productivity of dividing states based on socio-economic factors;
the possibility of explaining the stage-by-stage development, the natural-historical nature of the formation of the state.
Flaws:
one-sidedness;
spiritual factors are not taken into account.
Currently, several interpretations of the concept of “civilization” are widespread, 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, distinguished by a commonality of religious, national, geographical and other characteristics” (A. Toynbee). In this case, depending on the characteristics, 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 characteristics are distinguished: chronological, production, genetic, spatial, religious, etc.
The theory of “stages of economic growth” (W. Rostow), the theory of “unified industrial society”, the theory of “managerialism”, the theory of “post-industrial society”, the theory of “convergence”, etc. are associated with the civilizational approach.
Positive features of the civilizational approach:
highlighting spiritual and cultural factors;
a clearer typology of states.
Flaws:
low assessment of socio-economic factors;
the predominance of the typology of society over the typology of the state.
The concept and types of forms of government. Features of a mixed form of government.
Form of government- This is a way of organizing the highest power of the state. It influences both the structure of the supreme state bodies and the principles of their interaction. Thus, a distinction is made between a monarchy and a republic, the main difference of which is the procedure and conditions for replacing the post of head of state.
Monarchy- a form of government in which:
supreme 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 exercised for life;
The monarch exercises the functions of both the head of state and the legislative and executive powers, and controls justice.
The monarchical form of government takes place in a number of countries around the world (Great Britain, the Netherlands, Japan, etc.).
Monarchies can be of two types:
absolute- the supreme power by law belongs entirely to the monarch. The main feature of an absolute monarchy is the absence of government 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 implemented by the constitution, which is approved by parliament.
Signs parliamentary monarchy:
the government is formed from representatives of the parties (or parties) that received a majority in the parliamentary elections;
in the legislative, executive and judicial spheres, the power of the monarch is practically absent (it is of a symbolic nature).
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 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 extra-parliamentarily;
strict separation of powers into legislative, executive and judicial. The main feature of this division is the greater independence of state bodies in relation to each other.
This form of government exists, for example, in the USA. The Russian Federation can also be classified as a 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 according to the constitution his powers can be extensive;
the government occupies the main place in the state mechanism and governs 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 citizens and has a significant amount of power. Legally, the president is not the head of the executive branch, but he plays an important role in forming the government (the principle of incompatibility between the ministerial portfolio and the parliamentary mandate is often applied). The government usually has double responsibility: it can be dismissed by the president at his own discretion (as in a presidential republic) or receive a vote of no confidence from 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, there are states whose form of government combines the features of mixed forms - monarchy and republic.
In Malaysia, the monarch is elected for a 5-year term by the Council of State Governors. 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. The state is headed by the Council of Emirs (7 emirs), which elects a chairman from among its members every five years: The powers of the chairman are comparable to those of the president. All the most important 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 transfers 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 cleric, who is selected by a Muslim council of experts.
The concept and types of forms of government.
Form of government call the political-territorial structure of the state, the features of the relationship between central and local authorities. The state, having reached a certain level of population and territory size, begins to divide into parts that have their own authorities. Depending on the form of government, simple and complex states are distinguished.
Simple (unitary) states are unified and centralized states that consist of administrative-territorial units that are completely subordinate to the central authorities and do not have signs of statehood. They do not have political independence, but in the economic, social, and 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) a unified legislative system; 5) unified tax system.
Depending on the control method The following types of simple (unitary) state can be distinguished:
centralized (local authorities are formed from representatives of the center);
decentralized, where elected bodies of local self-government function;
mixed;
regional, which consist of political autonomies with their own representative bodies and administration.
Complex states are 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- is the unification of several independent states into one state. Such states, in particular, are the United States and the Russian Federation.
Signs of a federation:
the presence of independence among the subjects of the state;
union state;
functioning, along with general federal legislation, of the legislation of the constituent entities of the federation;
two-channel tax payment 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 are interstate associations or temporary legal unions of sovereign states that are created to solve political, social, and economic problems.
Unlike a federation, a confederation is characterized by:
lack of sovereignty, unified legislation, unified monetary system, unified citizenship;
joint resolution by the subjects of the confederation of common issues for the implementation of which they united;
voluntary secession from the state and the abolition of general confederal laws and regulations (which are advisory in nature) on its territory.
Empire- this is a state that is formed as a result of the conquest of foreign lands, the constituent parts of which have varying degrees of dependence on the supreme power.
Confederation and other forms of interstate associations.
Legal science also knows such forms of unification of states as protectorates, unions, fusions, incorporations, commonwealths (Commonwealth of Nations, CIS), communities, alliances, etc.
Protectorate
Protectorate is a union of states on the basis of an unequal international treaty, according to which a strong state (the metropolis) is obliged to provide assistance to a weak state (not capable 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 rebellious people. In this situation, we should talk about a special international territorial-state structure, since a new state is not formally formed. Similar to a protectorate suzerainty, in which a dependent (vassal) state completely loses its sovereignty, establishing its relations with the overlord through domestic rather than international agreements (Bulgaria and Turkey until 1908).
Union
Union - it is an obsolete, out-of-use term denoting a union of states.
There are personal and real unions. Personal union - This 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 accident when a monarch received the crown of another state in the order of succession to the throne. Unlike personal real union arises on the basis of an international treaty. With the help of not only a single monarch, but also general bodies power and administration, it unites independent states and regulates relations between them without limiting their sovereignty (Swedish-Norwegian Union until 1905).
Sometimes they are considered as varieties of union fusions, which represent mergers of states (FRG and GDR), and incorporation, 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 components 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.). 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, USA from 1776 to 1787, German Confederation from 1815 to 1866). Unlike a federation, the union bodies of a confederation only coordinate the activities of its member states, and only on issues for which they united. A confederation differs from a federation in the lesser cohesion of its states; it does not have sovereignty, does not have a single citizenship, legislation, a single monetary system, etc.
The subjects of the confederation have right of secession(voluntary exit) and right of nullification(cancellation of general confederal acts on its territory).
The Commonwealth of Independent States, the unification 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 fulfillment of functions in any state, there is state power and a state apparatus, which personifies 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 citizens' interests in government bodies;
separation of powers;
publicity and openness;
professionalism and competence;
legality;
democracy.
In legal science concepts "state apparatus" And "state mechanism" 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 “state mechanism” also includes material appendages (armed forces, police, correctional labor institutions, etc.).
State mechanism- This a system of government bodies, institutions, organizations that carry out practical work to implement the protective and regulatory functions of the state.
The mechanism of the state is not only the main, but also the defining link of the political system. It ensures the functioning of all spheres of public life. The mechanism of the state can have both positive and negative effects on the processes occurring in society.
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.Signs of the state mechanism: the presence of a system of government 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; solving problems to ensure government management and perform government functions. The structure of the state mechanism consists of the following types (groups, divisions) of government bodies: 1) state bodies that are interconnected by relationships of subordination and are endowed with the rights to perform actions on behalf of the state: bodies of representative power; executive agencies; judiciary; control and supervisory authorities; 2) state institutions that do not have power and do not specifically perform management functions, but on the basis of state property, as well as the authoritative orders of higher authorities, they carry out functions in the field of production, culture, science, education, healthcare, etc.: government institutions and organizations performing organizational, administrative and socio-cultural functions in the areas of healthcare, education, culture, science; state-owned enterprises and organizations formed to produce various products, as well as to provide services to the population of the country; state civil servants - those persons who are professionally involved in the management of the state, and therefore occupy an appointed public position; buildings, structures and various equipment that ensure, in accordance with the scientific and technical level, the actual functioning of the state mechanism. |
Concept, characteristics and classification of government bodies.
State organ- this is an independent division 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. A state body is formed on the basis of regulatory documents that define the principles of its organization and scope of activity as one of the divisions of the state apparatus.
In accordance with this, the following characteristics of a state body can be distinguished:
legally organizational and economically specific nature;
having its own structure;
has government powers;
state civil servants act on behalf of the entire state;
vesting of powers in a specific area of public life, taking into account the purpose and place in the state mechanism;
performing strictly defined government functions and tasks;
possession of the right to issue legal acts;
availability of necessary material resources;
implementation of activities on the basis of regulatory legal acts;
close interaction with other government bodies.
Types of government bodies are divided into several groups depending on:
on the order of their formation;
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);
number of state civil servants;
operating time.
Depending on the order of formation, government bodies are divided into:
primary – these 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 powers performed, the following are distinguished:
the highest authorities are the government, parliament, etc.;
central, in particular ministries;
local - state bodies of the constituent entities of the Federation, etc.
Depending on the breadth of competence there are:
bodies of general competence - 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:
collegial - those who make decisions by majority vote, for example the government;
sole – where decisions are made by a single leader, for example the president.
Depending on the nature of the organizational and legal forms of activity, there are:
legislative;
executive;
judicial;
control and supervisory authorities.
Depending on operating time:
permanent bodies - make up the majority of government bodies, designed to function under normal conditions;
temporary ones, 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– by the Russian Parliament, and at the level of the constituent entities of the Federation – by local parliaments (legislative assemblies).
Like previous Russian constitutions, the current Constitution of the Russian Federation establishes a bicameral structure of 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 and there is no subordination;
2. unequal competence - their competence covers mainly different issues;
3. different order of formation of chambers.
In the Federal Assembly of the Russian Federation, the chambers independently resolve issues within 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 Russian Federation and speeches of foreign leaders.
The main functions of parliament are:
1) representation;
2) lawmaking;
3) control.
The Federation Council includes two representatives from each subject of the Russian Federation: one each from the executive and representative authorities. In State Duma 450 people.
The following issues fall within the competence of the Federation Council.
1. The possibility of changing the borders between the constituent entities 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 a contract or agreement concluded by interested subjects of the Russian Federation regarding changes in the border between them.
2. The possibility of introducing martial law by the President of the Russian Federation is provided for in Part 2 of Art. 87 of the Constitution of the Russian Federation.
This 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 localities. It is obvious that the Federation Council must assess the validity of this measure as a whole and the appropriateness of its individual components. He has the right to make a final decision on the issue.
3. As for such powers of the Federation Council as approval of the decree of the President of the Russian Federation on the introduction of a state of emergency, it is related to the power 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 here with the previous authority. The regulations of the Federation Council regulate the procedure for approving such decrees in exactly the same way as the procedure for approving decrees introducing martial law.
4. The issue of using the Armed Forces of the Russian Federation outside its territory may arise in various situations. It may arise in connection with repelling aggression against the Russian Federation, in connection with the fulfillment of international treaty obligations, in particular in connection with the implementation of peacekeeping tasks.
To make decisions on the use of the Armed Forces outside Russia in cases where this is directly prescribed by existing international treaties, the consent of the Federation Council is not required.
5. The Federation Council must adopt a resolution on calling elections 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 post of President of the Russian Federation is vacated ahead of schedule.
6. The conditions and procedure for removing 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 using ballots and a 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., no less than 119 votes.
In the absence of such a majority, consideration of the charge is terminated, which is formalized by a resolution of the Federation Council. The resolution is immediately communicated to the public through the media.
7. Appointment to the position of judges of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, 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 (clause “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 make proposals on such candidates to the President of the Russian Federation.
A person who receives a 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 also a difference, namely 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 upon the recommendation 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 a 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 - the President himself, or his authorized representative, nominates a candidate for this position in the Duma;
Resolves the issue of confidence in the Government, which is legally responsible to Parliament. The issue of confidence in the Government can 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 term of four years; the initiative in selecting 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 President’s proposals on this issue;
Appoints the Commissioner for Human Rights (whose activity consists of timely protection of individuals from abuses by government bodies and officials);
Declaring an amnesty 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 impeachment proceedings. On issues within its jurisdiction, the State Duma adopts resolutions.
Executive authorities: competence, order of formation, structure.
Executive branch- 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 The Russian Federation carries out Government of the Russian Federation , which consists of the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation and federal ministers.
The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma. The Chairman of the Government of the Russian Federation proposes to the President of the Russian Federation candidates for the positions of Deputy Chairman of the Government of the Russian Federation and federal ministers. The Chairman of the Government, in accordance with the Constitution, federal laws and presidential decrees, determines the main directions 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 a report 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;
ensures the implementation of a unified state policy in the Russian Federation 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, implementation of 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, and the fight against crime;
Thus, executive branch is a system of government bodies exercising these powers.
Main purpose executive power V Russian Federation- Russia - organization of practical execution 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 powers by methods and means of public, mainly administrative law.
The executive branch is elected on an elected basis with the possibility of subsequent appointment.
Structure of the executive power of Russia
Federal authorities
Russia has adopted a three-tier system of federal executive authorities :
Ministry of Russia;
Federal services;
Federal Agencies.
Regional bodies
Ministries;
Committees.
Executive agencies
civil servants;
legal (legal) structure - system of norms, which determines the degree of competence of government bodies and officials.
Signs of executive power
is a limited and relatively independent branch of government;
is the implementer of state policy;
subordinate in nature and objectives;
objectified in the form of a well-organized system of executive authorities;
its activities are executive and administrative and are of a permanent, continuous nature;
is the exclusive owner of material resources and coercive powers.
Functions of the executive branch
sublegislative regulation;
carrying out management activities aimed at implementing laws and implementing state policies 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, directly ensuring the safety of citizens and society;
information support for public authorities.
Federal Ministry – a federal executive body that carries out 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 – a federal executive body that exercises 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, crime control, and public safety.
Federal agency – a federal executive body that carries out, in the established field of activity, the functions of providing public services, managing state property and law enforcement functions, with the exception of functions of control and supervision.
Judicial authorities: 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 RF". 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 coercive measures to persons guilty of committing crimes, resolve legal disputes between specific individuals, and also consider cases of challenging legal regulations for compliance with rules of higher force (laws - the Constitution).
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