Organs executive power - these are created in the executive power system state bodieswho have a competence determined by legislative and other regulatory legal acts aimed at implementing laws and other regulatory legal acts in specific areas state life.
The following criteria are applied in administrative and legal literature to classify the executive authorities.
1. On the territory of activity:
· Federal executive bodies;
· The executive authorities of the constituent entities of the Russian Federation.
2. On the basis of education:
· Executive bodies, the formation of which is carried out in accordance with the legislation of the Russian Federation;
· Executive bodies, the formation of which is carried out in accordance with the legislation of the constituent entities of the Russian Federation.
3. According to the method of education:
· Elected executive authorities (chairmen of the government of a number of subjects of the Russian Federation, head of the subjects of the Russian Federation);
· Executive bodies created on the basis of legislation and other regulatory legal acts.
4. By the nature of the competence:
· executive agencies common competencethat exercise their functions regarding all industries and spheres government controlled (governments, edge administrations, regions);
· Body executive branch of industry competence, which are responsible for any field of government (ministries and other sectoral executive bodies);
· The executive authorities of intersectoral competence,
which in their field of activity coordinate activities
other executive bodies (federal ministries;
federal services);
· Special competence executive authorities that carry out regulatory, permits, control and supervisory functions in various fields of public administration (federal services).
5. In order to resolve the subordinate issues:
· Colleague executive authorities (government);
· Unique executive authorities (ministries
and other executive authorities).
6. For organizational and legal form:
· Ministries;
· Other federal executive bodies (federal services, federal agencies);
· The executive authorities of the constituent entities of the Russian Federation.
In accordance with Art. 77 of the Constitution of the Russian Federation within the limits of the management of the Russian Federation and the authority Russian Federation According to subjects of joint management of the Russian Federation and the constituent entities of the Russian Federation, federal executive bodies and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation.
The executive system in the Russian Federation consists of the following elements:
· Federal bodies of the executive authority of the Russian Federation;
· Executive authorities of the constituent entities of the Russian Federation: republics, edges, regions, cities of federal significance, autonomous region, autonomous districts.
Management or executive represents the implementation based on the laws by the relevant authorities state power state functions in the areas of development of the economy and culture, social security and health, transport and communications, government security and security public order, Defense countries, etc. It should be noted that the fundamental principle of the state system of the Russian Federation is enshrined in Art. 10 of the Constitution of the Russian Federation The principle of separation of the authorities, in accordance with which state power in the Russian Federation is carried out on the basis of separation on legislative, executive and judicial. In art. 77, 78, 85, 110 and a number of other Constitution of the Russian Federation referred to the subject's expressions, i.e. Subjects, in whose competence includes its implementation, the executive authorities.
Based on the concept of executive, the legislation of the Russian Federation at the same time does not refuse the concepts developed by the administrative and legal theory. Consequently, in terms of theory administrative law Executive authorities carry out state-management activities and are subjects of public administration as one of the forms state activities Along with legislative and judicial.
The functioning of the executive authorities is directly activity, i.e. In the process of its implementation, the functions of the state in various fields are directly implemented: political, economic, social, etc.
The implementation of legally authority belonging to these bodies is carried out in administrative order. Consequently, the activities of the executive authorities are state-domineering in nature and is a single process in which the executive and administrative parties are mutually determined.
The powers of the executive authorities are primarily expressed primarily in the fact that they are published within their competence legal acts And ensure their execution by organizational and legal means. Acts of the executive bodies, on the one hand, are chain, i.e. Published on the basis of and pursuant to the law, and on the other - aimed at regulation public relations in their field of activity. Consequently, acts of executive bodies are executive and administrative in nature.
Education, reorganization and liquidation federal organs The executive authority is carried out in accordance with the legislation of the Russian Federation by the President of the Russian Federation by determining the structure of federal executive bodies.
The executive authorities of the constituent entities of the Russian Federation are created, are reorganized and eliminated in accordance with the legislation of the subjects of the Russian Federation, the heads of the constituent entities of the Russian Federation or their legislative bodies.
In this way, executive agencies - State bodies created in the executive system that have competence (functions and powers), aimed at the implementation of laws and other regulatory legal acts in specific regions of public life.
Executive Power - one of the types of independent and independent public power In a state, which is a combination of authority to manage state affairs. Thus, the executive government is a system of state bodies that carry out these powers.
The main appointment of the executive branch in the Russian Federation is to organize the practical implementation of the Constitution of Russia and the Laws of the Russian Federation in the process of management activities aimed at meeting public interests, requests and needs of the population. It is carried out by the implementation of state-powerful powers by methods and means of public, mainly administrative law.
Signs of executive power:
Is an independent branch of uniform government;
Acts as a subtitle in relation to representative (legislative) power;
Carried out by the executive authorities, which are government bodies;
Possesses objective and functional independence;
Possesses unity, that is, is carried out throughout the Russian Federation;
It is organized and carried out on the basis of federalism in the distinction of objects of reference and authority between the Russian Federation and the subjects of the Federation;
Its activities are executive and administrative;
Is universal in nature, i.e., it is carried out constantly and continuously;
It has at its disposal certain means (resources) for the implementation of forced functions.
Executive System in the Russian Federation
One of the three branches. Combines the functions of all three. Monopoly in the field of state coercion, financial flow management and the least controlled. Executive system in the Russian Federation (RF).
\u003d\u003e Executive Power Extremely influences other branches of state power.
In the Constitution, from all three branches of government, the executive power "is registered" worst. The Constitution by virtue of the specifics of the political moment, in which it was accepted, could not propose a detailed executive regulatory system. The presence of the government and the indirect mention of federal ministries.
The executive system in the Russian Federation is built on a trail.
1) the principle of dualism. Because The president is not included in the executive branch of government and is not its head - the question of the relationship between the president and the government. The authority to leadership the executive system was distributed among the President and the Government of the Russian Federation. (Legal position). This is clearly seen in the decree of the President of the Russian Federation "Questions of the Foiv structure system." \u003d\u003e Organs subordinate to the President and subordinate to the government. The government organizationally is not subordinate to the president. As a result, the executive system is a hostage of political in / relationship between the president and the government. At the same time, by the Constitution, the president is not the leader in any OVI. \u003d\u003e Kstud said that the president carries out management by the authorities, because He is commander-in-chief and someone else there.
2) + 3) the principle of unity of the executive system and the principle of distinguishing subjects of the maintenance and powers (the principle of federalism). IN unitary state It makes no sense to proclaim the principle of unity, and in the federal it is important at different levels of state power, which are not suitable for each other, to ensure the unity of approaches to public policy. But ensuring the unity of state polishes is the principle of delimitation of objects of reference. Anyway, this is a balance. Work through a prism of each other. Separately, the values \u200b\u200bdo not have.
3 types of items:
exceptional maintenance of the Russian Federation
joint objects of reference,
exceptional object of reference to the subjects of the Russian Federation.
In each group of maintenance items, the principle of unity is determined in different ways.
Within the framework of exceptional items of the Russian Federation, only the FOB is taken on, and they fulfill them and foiv (central and territorial), and the executive authorities of the subjects.
\u003d\u003e According to the subjects of the RF, the vertical structure is formed.
In the field of joint management of the Russian Federation and the EIV of the subjects formally and in fact, each other is not intended.
\u003d\u003e Each of these bodies within its competence takes acts and executes them.
The collaboration scope is FOOV and the OIV SRF formally, and in fact, not at each other. Each group of bodies takes its acts and executes them.
3 delineation schemes of powers in the field of joint management:
The Office is carried out by 2 unrelated to each other by the IV RF and Subject. The delimitation of powers can be carried out according to the schemes:
- General regulation - detailed regulation (rarely)
- Direct distribution of powers between power levels by federal law
Office performs OIV MPF to which the federal authority delegated its powers
Powers carry out the territorial body of the FOOV, to which the subject of the Russian Federation delegated its powers (now does not occur)
According to the subjects of exceptional subjects - the OIV of the subjects are not included in the unified system of the FOOV RF.
The system and structure of federal executive bodies in the Russian Federation is still subject to change (so-called administrative reform). The approval of the FOOV structure is carried out through the decrees of the President of the Russian Federation.
Detailed detailed folding structure, taking into account the jurisdiction, the President and the Chairman of the Government can be viewed on the official website of the Government of the Russian Federation.
System of federal executive authorities:
1) ministries. 2) Federal Services 3) Federal Agencies.
Depending on the direction of activity, the FOOV is determined by whom they are jumped, president or government. So, for example, the Ministry of Defense, the Ministry of Internal Affairs, FSB, the Foreign Ministry is always (in the new history of Rossi) were jumped by the President; And the Ministry of Finance, the Ministry of Regional Development, the Ministry of Transport jumped by the Government of the Russian Federation (Chairman of the Government of the Russian Federation).
At the subject level, it is possible to submit a generalized structure characteristic of all subjects:
Supreme official entity (President of the Republic, Governor of the region, etc.)
The highest executive authority (government or other; depending on the subject)
Central executive authorities of the subject of special competence
Territorial bodies of special competence
22. general characteristics Systems of federal executive bodies.
The executive body is an organizational team that performs executive and administrative activities, which has a permanent staff formed by a higher authority, accountable and controlled by the higher authority of the executive power, education, structure, and the procedure for which the activities are regulated mainly by administrative law.
In Art.110, the CRF directly establishes that the executive power of the Russian Federation is implementing the Government of the Russian Federation. The CRF does not establish the criteria for which certain state authorities relate to the authority of the executive. But to understand this, it is possible to come logical if the subtracts from all federal state bodies legislative and judicial, as well as organs with special status (the prosecutor's office of the Russian Federation, the Central Bank of the Russian Federation, the SP of the Russian Federation, CEC). The remaining bodies make a system of executive bodies, which today are fixed by the Decree of the President of the Russian Federation "On the structure of federal authorities of the IV" No. 867 of 17.05.2000
In addition, in accordance with Part 2 of Article 77, KRF FOOV and the IV authorities of the Russian Federation form a unified executive system in the Russian Federation. Thus, in contrast to the legislative power, the IV in the Russian Federation is of a single nature, which predetermines the amount of powers of the Government of the Russian Federation (organizes the execution of the laws of laws, international treaties taken by the FS of the Russian Federation; exercises the execution of these acts of the Russian Federation and its subjects, takes measures to eliminate violations of the current legislation).
The CRF does not provide for the consolidation of the system of federal executive bodies in the federal law, and only in the FKZ "On the Government of the Russian Federation" such a rule has been established. Therefore, such a system is established by the Decrees of the President of the Russian Federation. The FOOV system includes: the Government of the Russian Federation; ministries of the Russian Federation (24); State Committees of the Russian Federation (6); Federal Commission of Russia (2); Federal services in Russia (13); Russian agencies (8); Federal Oversights of Russia (2); Other federal executive bodies (3).
Ministry of RF - FOOV, conducted by government policies and management in the established field of activity, as well as coordinating in cases established by laws, decrees and regulations, activities in this area of \u200b\u200bother phoiv. The ministry is headed by the Federal Minister of the Russian Federation.
State Committee of the Russian Federation, Federal Commission of the Russian Federation - FOOV, exercising on a collegial basis, intersectoral coordination on issues related to their maintenance, as well as functional regulation in a certain field of activity and headed by the Chairman of the Civil Code or FC.
Federal Service of the Russian Federation, Russian Agency, Federal Supervision of the Russian Federation - FOOV, carrying out special (executive, control, permissive, regulating, etc.) functions in the established areas. FS RF is headed by the head (director), RA - cEO, FN RF - boss.
The creation of federal executive bodies, their reorganization and liquidation are carried out by the President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation. The provisions on the federal executive authorities submitted by the President of the Russian Federation on issues enshrined behind him on issues enshrined by the RF and laws are approved by the President of the Russian Federation, and about other federal executive bodies - the Government of the Russian Federation. Maximum number and foundation of remuneration of employees of the central apparatus and territorial organs The federal executive bodies are approved by the Government of the Russian Federation.
The status of each executive body corresponds to the procedure for appointing his leaders. Thus, federal ministers are appointed and exempt from office by the President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation. Deputy federal ministers are appointed and exempt from office by the Government of the Russian Federation or in accordance with the laws. The appointment for the position and exemption from the position of heads of federal executive bodies, except for the federal ministers and executives of the bodies subordinate to the President of the Russian Federation, is carried out by the Government of the Russian Federation.
Heads of the federal executive bodies submitted by the President of the Russian Federation on issues enshrined behind him to the Russian Federation and laws are appointed and exempt from position in a particularly established manner.
23. The structure of the Government of the Russian Federation and its powers as the highest executive body.
Russian Government - Higher federaloreganexercising executive in Russia.
The status of the government and the procedure for its activities was determined by the head of the 6th Constitution and federal constitutional law "On the Government of the Russian Federation" of December 17, 1997 with later changes.
The Government of the Russian Federation operates on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws and regulatory decrees of the President of the Russian Federation (Chapter 3 of the Law "On the Government of the Russian Federation").
Based on Article 114 Constitution The Government carries out the following powers:
develops and represents State Duma federal budget and ensures its execution; Represents the State Duma report on the execution of the federal budget; Represents the State Duma Annual reports on the results of its activities, including on issues supplied State Duma
ensures a single financial, credit and monetary policy in the state;
ensures a single state policy in the field of culture, science, education, health, social security, ecology;
carries out the management of federal property;
performs measures to ensure the defense of the country, state security, the implementation of the state's foreign policy;
measures measures to ensure the legality, rights and freedoms of citizens, the protection of property and public order, the fight against crime;
carries out other powers assigned to him by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation;
in violation of Art. 10 Constitution of the Russian Federation manages judicial authority (Judges are appointed).
The Government of the Russian Federation is a constitutional authority, which heads the branch of the executive authority of the Russian Federation as an organic part of the unified state power 1. Content art. 11 and 110 and a number of other articles of the Constitution of the Russian Federation makes it possible to make an unequivocal conclusion that the government of the Russian Federation has the status of the state authority, the state-powerful powers of which apply to the entire territory of the Russian Federation and which, therefore, is fully responsible for the state and activities of the executive.
In this regard, it is necessary to agree with the characteristics of this Government of the Russian Federation in comments to the Federal Constitutional Law "On the Government of the Russian Federation" G.V. Atamchuk. In particular, the author rightly notes that "functions and powers, the organization, forms and methods of the activities of the Government of the Russian Federation personify one of the areas of state authority owned by the people" 2.
Next G.V. Atamanchuk emphasizes the equal position of the Government of the Russian Federation with the authorities of other branches of government in terms of independence in the implementation of state power, based on Art. 10 of the Constitution of the Russian Federation. With the conclusion of the author that the Government of the Russian Federation "can not be submitted in relations with the President of the Russian Federation or in relations with Federal Assembly Of the Russian Federation (its both chambers) or in relations with judicial bodiesNor in public opinion, "2 should also agree.
Federal Constitutional Law "On the Government of the Russian Federation" in Art. 1 identified the Government of the Russian Federation as the Supreme Executive Body of the State Government of the Russian Federation. Made, this is true, in the title of this article. But this situation is definitely has a normative character.
It should be noted that in the scientific literature before the adoption of this law, it was emphasized that the Government of the Russian Federation in its constitutional status, defined by Articles 110-117 of the Constitution of the Russian Federation, should be considered as higher organ executive in the country 3. Now the status of the government as the Supreme Executive Body of the Russian Federation is essentially enshrined by the Federal Constitutional Law "On the Government of the Russian Federation".
The activities of the Government of the Russian Federation are inextricably linked with the processes flowing into the political and economic life of Russian society. The practice of state life of all countries, regardless of their socio-economic system, convincingly suggests that the burden of the implementation of state policy in all spheres of life of society lies on the executive.
State administration as a daily process of interaction between the state with civil society institutions, including protection of national security, the fight against crime, social protection of the population, is assigned primarily on the system of executive authorities, which is prescribed to act within the framework of constitutional legality and in contact with other branches of state power.
The Constitution of the Russian Federation establishes the status of the Russian government as a collegial body, determining its composition (Art. 110). This characteristic is emphasized in Art. 1 FKZ about the Government of the Russian Federation, in which it is written that the Government of the Russian Federation is a collegial body leading to a unified system of executive authority of the Russian Federation.
The composition of the Government of the Russian Federation is predetermined by the Constitution of the Russian Federation (Art. 110): Government members are the chairman of the government, his deputies and federal ministers. Thus, the Constitution contains a closed list of persons included in its composition. The head of other, except for the federal ministry, the executive authority may be included in the Government of the Russian Federation, subject to the status of the federal minister for him. For example, in FKZ about the Government of the Russian Federation, such status is established for the head of the government's office, in the Federal Law "On federal Service Safety "1 - for FSB of Russia.
The core of the status of the Government of the Russian Federation makes up its specific powers, which are determined by the Constitution of the Russian Federation, the Federal Constitutional Law "On the Government of the Russian Federation", as well as federal laws regulating certain areas of public relations.
The legal basis of the powers of the Government of the Russian Federation are the norms of the Constitution of the Russian Federation (Art. 11, 15, 18, 33, 71, 72, 77, 78, 104, 110-117 and some others). Each of the mentioned articles contains provisions that have a direct or indirect attitude to the definition of the powers of the Government of the Russian Federation. The basis for addressing issues related to government powers is the provisions of Art. 114 of the Constitution of the Russian Federation. In the Federal Constitutional Law "On the Government of the Russian Federation", the main positions that are laid down in the norms of the Constitution of the Russian Federation are specified, the mechanisms for the implementation of these powers are identified.
The Government of the Russian Federation unites and coordinates the activities of the federal executive bodies, forms government commissions to prepare and solve issues related to the competence of the government.
The system of federal executive authorities, designed to carry out the relevant functions of state power in the Russian Federation, is an organized on the basis of uniform principles, common tasks and objectives, a set of state bodies headed by the Government of the Russian Federation and endowed with state-powerful powers to the implementation of public administration.
In determining the system of federal executive bodies, it is advisable to take into account the legal position of the Constitutional Court of the Russian Federation, which is contained in its decree on the case of the interpretation of Art. 71 (p. "G"), 76 (part 1) and 112 (part 1) of the Constitution of the Russian Federation No. 2-P, adopted on January 27, 1999 Constitutional Court The Russian Federation gave the following definition of the system of federal state authorities: "The unity of interrelated federal bodies of various branches of state power, which, based on the delimitation of powers in the implementation of legislative, executive and judicial functions, ensures the balance of these authorities, the system of mutual checks and counterweights ... As a composite Element unified system Federal bodies of state power, federal executive bodies, in turn, also form a certain system that has its own structure "1.
The system of federal executive authorities in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation" and the decrees of the President of the Russian Federation include the Government of the Russian Federation, federal ministries (Article 110 of the Constitution of the Russian Federation), as well as other federal executive authorities (Art. 112 of the Constitution of the Russian Federation), the list of which is entitled to determine the Russian President.
The federal executive body is an independent structural part of the executive authority system in the country as a holistic system (Art. 78 of the Constitution of the Russian Federation) and the system of federal executive authorities, designed to implement and implement the objects of the management of the Russian Federation. The principles of the organization and activities of the system of federal executive bodies are due to the state-of-government of Russia as a democratic rule of law, the tasks of the social state, whose policies are aimed at creating conditions that ensure a decent life and free human development. The principles of the activities of the executive authorities are due to the norms of the Constitution of the Russian Federation.
Within the framework of the system of federal executive bodies, each body is endowed with certain state-powerful powers, the regulatory framework of which amounted to the Constitution of the Russian Federation, federal constitutional and federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation.
The state-powerful powers of federal executive authorities can be considered as:
a) the commercial (annual) authority given the opportunity to establish certain rules, including standards, regulatory requirements, prohibitions, administrative regimes, etc.;
b) law enforcement powers, i.e. The right to make certain legal actions, to take abnormative legal acts, resolve specific conflicts between subjects of management activities, issue licenses and perform other permit functions;
c) law enforcement powers, i.e. The right to exercise state supervision and control in the field of activity established for a particular body, ensuring the legality and state discipline; The right to carry out administrative and jurisdictional functions and apply other measures established by law.
Each federal executive body within the functions established for it must have a certain internal structure (apparatus), state employees, dispose of the state property entrusted to him and allocated to its content federal budget.
The legal status of the federal executive body, depending on its functional position in the system of federal executive bodies, is determined either directly by the Constitution of the Russian Federation (the Government of the Russian Federation), or by the Federal Constitutional Law (Federal Ministry), or by the Federal Law (in relation to some ministries, individual functions and objectives which are determined by sectoral laws, such as federal laws "On Defense" 1, "On international treaties Russian Federation "2, etc.), either by the President of the Russian Federation or the Government of the Russian Federation.
The main thing in solving the question of the status of the federal executive body is the tasks and functions that are determined by legislative or other regulatory legal acts based on the actual state of the spheres and branches of public administration. Both the sphere and the management industry are ultimately determined by the set of public relations related to the functioning of certain, similar in their signs and characteristics of facilities (finances, taxes, social security, education, health care, agriculture, industry, defense, etc. ).
The system of federal executive bodies is intended to ensure the implementation of the norms of the Constitution of the Russian Federation on the subjects of the exclusive management of the Russian Federation and the subjects of the joint venture of the Russian Federation and its subjects.
The scope of the federal executive bodies is due to the need to ensure the vital activity of the country's national economy, the basis of the development of which are federal energy systems, nuclear power, splitting materials, federal transport, pipeline transport, communication paths, federal information and communication, space activities.
Currently, in accordance with the Decree of the President of the Russian Federation of March 9, 2004, "On the system and structure of federal executive authorities" 1, the total number of federal ministries is reduced, the functions and powers of the ministries are clarified, the main objects of their maintenance are determined.
It has been established that the federal ministry performs functions to develop public policy and regulatory regulation in the established acts of the President of the Russian Federation and the Government of the Russian Federation. At the same time, it is emphasized that the ministry independently carries out legal regulation in the relevant area, with the exception of issues regulated by legislative acts, as well as acts of the President of the Russian Federation and the Government of the Russian Federation.
The ministry coordinates and control the activities of federal services and federal agencies related to its management; contributes to the government of the Russian Federation draft provisions on these bodies, about the staffing and on the remuneration of their employees; Approves annual plans and indicators of these services and agencies; gives instructions to these bodies and controls their execution; He appoints deputy heads of these services and agencies (with the exception of the Government of the Russian Federation), has the right to cancel the decisions of these individuals contradictory law.
In turn, federal supervision services carry out only law enforcement functions in the field of activity established for them and have no right to manage state property and provide public services, with the exception of cases established by the Acts of the President of the Russian Federation or the Government of the Russian Federation.
Federal agencies are not entitled to supervise and control and regulatory and legal regulation within the functions of federal property defined for them, enshrined with federal state unitary enterprises that are in their jurisdiction, and state institutions, as well as functions for the provision of public services for free or According to the regulated state prices. The exception is the regulatory functions prescribed by acts of the Government of the Russian Federation and the President of the Russian Federation.
Thus, the system of federal executive bodies is now presents a three-bedroom complex:
1) federal ministries carrying out regulatory regulation, management, coordination, determination of subordinate plans, control over their activities;
2) federal agencies engaged in direct (operational) management of federal property and activities of relevant state enterprises and institutions; the provision of public services of various properties to citizens and organizations (an indefinite number of persons), relevant law enforcement functions, expressed in the adoption of individual legal acts;
3) Federal services carrying out state supervision and government control applying administrative impact measures for violating legislation requirements and thus responsible for ensuring the legality and state discipline in the relevant area of \u200b\u200bpublic life.
Apparently, the system of federal executive authorities will be subjected to currently and approved by the Decrees of the President of the Russian Federation will be subjected to further "point" changes. The practice of the activities of federal ministries and in their vertical vertical management of federal agencies and federal services and systemic analysis of the functions carried out by them can lead to the conclusions of the need for the redistribution of these functions and the elimination of the excessive.