Article 10 of the Constitution of the Russian Federation enshrines the principle of the separation of state power into legislative, executive and judicial, as well as the independence of the legislative, executive and judicial authorities.
We are not talking about the division of absolutely independent authorities, but the division of a single state power (the unity of the system of state power is, according to part 3 of Article 5 of the Constitution of the Russian Federation, one of the constitutional principles of the federal structure of the country) into three independent branches of government. The principle of separation of powers is fundamental, orienting, but not unconditional.
According to Article 11 of the Constitution of the Russian Federation, state power is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma
), The Government of the Russian Federation, the courts of the Russian Federation.
The President of the Russian Federation is the head of state, the guarantor of the Constitution of the Russian Federation, ensures the coordinated functioning and interaction of public authorities, determines the main directions of domestic and foreign policy.
The Federal Assembly - the parliament of the Russian Federation - is a legislative and representative body.
The Government of the Russian Federation heads the system of executive authorities of the Russian Federation.
Courts of the Russian Federation - the Constitutional Court, the Supreme Court and other federal courts exercise judicial power.
In the constitution, the president is placed in the first place in the system of federal authorities and is not formally assigned to any one branch of government, as in the constitution of the French Republic.
Although formally the President of the Russian Federation is not the head of the executive branch, he is most closely associated with it. Decrees and orders of the President are by-laws, and, therefore, are neither laws nor judicial decisions, but are of an executive nature. The President presents his program before the elections. And for its implementation, he, with the consent of the State Duma, appoints the chairman of the government. And then, on the recommendation of the prime minister, he appoints the ministers.
According to one point of view, the president is seen only as the head of state, the guarantor of all constitutional institutions, standing "above all branches" of power, is the fourth branch of power - the "presidential" one. But this contradicts Article 10 of the Constitution of the Russian Federation, which enshrines the principle of the separation of powers into legislative, executive and judicial.
Another point of view is that the president, as the head of state, has the powers of the executive branch, but is not included in the system of its organs.
Indeed, the President of the Russian Federation has very extensive powers, and the constitutional model of this institution corresponds to the model of a strong President adopted in many countries of the world. However, both points of view, placing the President of the Russian Federation outside the branches of power designated in the Constitution of the Russian Federation, contradict the enshrined principle of separation of powers.
According to the third point of view, the President of the Russian Federation, being the head of state, is the most important element of the system of executive power, since it is not the government that determines the main directions of state policy, namely the president in his normative decrees and annual messages to the Federal Assembly. The president can decide to resign the government.
Responsibilities of the president - appointments to public office, defining directions of state policy, presidential programs, control functions, leadership of foreign policy and power departments - are functions of the executive branch.
In the Constitution of the Russian Federation, there is no concept of the head of the executive branch. The government "exercises executive power in the Russian Federation." "The Prime Minister, in accordance with the laws and decrees of the President, determines the main directions of activity and organizes the work of the government."
According to the Law "On the Government", the government is the highest body of executive power and is a collective body. The system of executive power bodies includes federal ministries, federal services and federal agencies, as well as their territorial bodies.
Task 2. Conduct a comparative analysis of the functions, procedure for creation, powers, issued acts of various state bodies of the Russian Federation. The results of the research should be presented in the form of a table.
One of the main purposes of the Constitution of the Russian Federation is to organize a system of public authorities through which the state exercises its functions. This system includes not only government bodies through which power is exercised and the presence of which is determined by the Constitution, but also a large number of other bodies and institutions, built vertically and horizontally, reflecting various degrees of subordination. The totality of these bodies and institutions constitutes the state mechanism, which should act as a unified and effective system of government.
State authorities are the most important part of this mechanism, leveling, first of all, the organizational role of the state in society. Therefore, the public authority has tasks and its own powers that correspond to the functions of the state.
The body of state power is created only by the state and acts on behalf of the state. Only the state establishes the procedure for the organization and functioning of these bodies, endows them with a range of specific powers, for which they should not leave, establishes their rights and obligations and the scope of responsibility in case of their violation.
Each body of state power has its own special structure and scope of powers that distinguish it from other bodies of state power, but all of them together act as a single whole, as a single state power that performs the functions of the state. Thus, a public authority is an integral, relatively separate and independent part of the state mechanism, which participates in the implementation of the functions of the state, acts on behalf of the state and on its behalf, has state-power powers, has a structure and competence established by the state and applies its inherent organizational and legal forms of activity.
The state authority for the implementation of the tasks and functions of the state authority of the Russian Federation is endowed by the state with certain legal and material and financial means.
The constitutional and legal status of a government body is characterized by a number of main features that distinguish it from many other bodies, organizations, institutions that may be part of the mechanism of government power, but are not government bodies. First of all, the body of state power is established only by the state and in a special order. It is created in accordance with the norms of the Constitution, laws or other normative legal acts. This means that outside the established procedure for the formation of a public authority, it cannot be created and function. The Constitution of the Russian Federation directly guarantees this principle, defining in Art. 3 (part 4) that no one can appropriate power in the Russian Federation. The seizure of power or the appropriation of power is prosecuted under federal law.
The constitution determines the method and procedure for the formation of public authorities. At the federal level, state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation and the courts of the Russian Federation. These bodies of state power cannot be liquidated or transformed without changing the Constitution of the Russian Federation itself. At the same time, the Constitution establishes that the formation of these bodies should be carried out in accordance with specially adopted laws, since it is impossible to provide in the Constitution all the details and features of the formation and functioning of public authorities. Bodies of state power of the constituent entities of the Russian Federation are formed through the corresponding constitutions, charters and laws.
The President of the Russian Federation and the State Duma, for example, are elected directly by citizens on the basis of universal, equal, direct suffrage by secret ballot, and judges of the Constitutional Court, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are appointed to office by the Federation Council of the Federal Assembly of the Russian Federation, as is the Prosecutor General RF. The Chairman of the Government of the Russian Federation is appointed by the State Duma on the proposal of the President; members of the Government are appointed by the President on the proposal of the Chairman of the Government of the Russian Federation. Not one, but several government bodies can participate in the creation of a body. For example, the Constitution of the Russian Federation stipulates that half of the auditors of the Accounts Chamber and its chairman are appointed by the State Duma, and the other half of the auditors and the deputy chairman of the Accounts Chamber are appointed by the Federation Council.
State authorities can be created, transformed or liquidated not only by laws, but also by subordinate legislation, for example, by decrees of the President of the Russian Federation or the head of the executive power of a constituent entity of the Russian Federation. This concerns, first of all, the structure and powers of the executive authorities.
It is characteristic of a government body that it is created to carry out the tasks of government power, to carry out the activities of the Russian state. For example, the Federal Assembly is the representative and legislative body of the Russian Federation, the President is the head of state, and the Government exercises executive functions. The tasks and functions of the bodies of state power of the constituent entities of the Russian Federation are determined by their Constitutions, charters and other legislative acts.
The hallmark of a government body is its powers of authority. This means that his decisions are generally binding, and for their implementation, if necessary, state coercion can be used. State authorities issue normative legal acts that establish the procedure for the use by citizens, public organizations and officials of their rights and the fulfillment of duties and regulation of relations between the state and the citizen in the established sphere of public life.
The state body has certain rights that act for it and as obligations, has a clearly established scope of application of these rights, the limits of their territorial use. This was established so that the state authority does not go beyond its competence and does not arrogate to itself the powers of other state authorities.
Usually, the scope of competence of a public authority is established when it is created by normative legal acts - laws, decrees, regulations, etc., which can subsequently be legally amended or supplemented. A public authority has independent competence, which, as a rule, is deprived of its internal subdivisions and by virtue of which they cannot be considered as independent state bodies.
A public authority is characterized by a special, as a rule, established by the Constitution procedure for its activity. It is regulated in more detail in relation to the State Duma, the Federation Council and the judiciary, the latter acting in the framework of criminal and civil proceedings, and less clearly in relation to the President, the Government and other executive bodies, the procedure for which is established by special constitutional laws.
A characteristic feature of a public authority is its structure established in legal forms, the internal organization of this body, usually enshrined in Constitutions, statutes, laws, and other regulatory legal acts. The internal structure of a public authority depends on modifications, scope of competence, legal status. It can be very simple (the prosecutor of the subject of the Federation) or complex (the bicameral structure of the Federal Assembly of the Russian Federation).
State authorities may consist of elected deputies or public servants appointed in accordance with the procedure established by law, exercising certain powers of authority on behalf of the state. A public authority can also be represented by one person. These are, for example, the President of the Russian Federation, the presidents of the republics within the Russian Federation, the Prosecutor General of the Russian Federation, the Commissioner for Human Rights. These officials act by virtue of constitutional norms or on the basis of the law and are responsible only to those who elected or appointed them.
Depending on the procedure for making power decisions, government bodies can be based on the principles of one-man management (President, ministry) or on the principles of collegiality (Government of the Russian Federation).
Along with the bodies of state power, the Constitution enshrines the creation and functioning of bodies of local self-government, which, in accordance with the Constitution, are not included in the system of bodies of state power. These bodies have a special legal status, but they are also characterized by the main features of a public authority - the established by law procedure for the creation, structure and functioning of these bodies, their powers.
Local self-government is not state power, but it cannot function without appropriate bodies endowed with their own competence, scope of responsibility, the right to resort to coercion to ensure the implementation of their powers, etc. A feature of local self-government bodies is that they are formed by the population of a certain territorial unit, are not directly subordinate to the bodies of state power of the Russian Federation or its subjects, and are mainly engaged in matters of local importance (see topic 27).
The system of public authorities of the Russian Federation is based on certain principles, which together allow the state mechanism to carry out its functions. First of all, public authorities operate on the principle of the sovereignty of state power, i.e. its complete independence within the country and in the international arena. The sovereignty of state power is based on the principle of the sovereignty of the people and is exercised in the form of direct (immediate) and representative democracy.
Another important principle of the system of government bodies is the principle of the unity of the system of government bodies. This means that the entire system of government bodies must act as a single organism within a single sovereign state. At the same time, the President, as the head of state, coordinates the functional activities of government bodies at the federal level. But not all state authorities of the constituent entities of the Russian Federation form a single structure built on a hierarchical basis with the state authorities of the Russian Federation. The Constitution of the Russian Federation provides, within certain limits, the establishment of such a system for the judicial and executive bodies of state power. But such a system, built on a hierarchical basis, is completely excluded for legislative bodies, which operate on the basis of complete independence and whose decisions cannot be canceled or changed by the relevant federal legislative body of the Russian Federation. And such bodies of state power, for example, the prosecutor's office, cannot, in the sense of complete independence, be divided into federal and federal subjects, meaning the complete independence of the latter, since the system of the prosecutor's office is built on the basis of strict centralization and subordination of the subordinate prosecutor to the higher, and the entire the system of the prosecutor's office - to the Prosecutor General of the Russian Federation.
The most important principle of the system of state bodies of the Russian Federation is the principle of delimiting the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation. As already noted, the Constitution of the Russian Federation defines the competence of the Federation itself and the joint competence of the Federation and its subjects. The so-called "residual" powers fall under the exclusive jurisdiction of the constituent entities of the Federation, and in this case, the constituent entities of the Federation have the full scope of state power. However, in matters of the distribution of competence between the Federation itself and its subjects, many unresolved problems remain. In particular, there is no clear distribution of powers in the system of executive authorities of the Russian Federation and its subjects, the distribution of powers in other areas of state life.
The most important principle of the system of public authorities is the principle of electivity. This principle applies to the formation of the highest representative bodies of the Russian Federation and its constituent entities - the President of the Russian Federation, Presidents and other senior officials of the constituent entities of the Federation.
The principle of citizens' participation in the formation and operation of government bodies is closely related to the principle of electivity for a number of government bodies. Citizens participate, first of all, in elections of representative bodies of state power and in elections of local self-government bodies. In addition, the legislation of the constituent entities of the Federation may establish the formation of other state bodies. It should be noted that the activity of citizens in government bodies is formalized as a public service with all its inherent responsibilities, requirements and privileges. Only citizens of the Russian Federation can work in government bodies. Neither ministers nor stateless persons can participate in public service, which, among other things, is based on the principles of professionalism.
The principle of the system of state bodies is the right of citizens to appeal to a higher state body or to a court of illegal actions or inaction of state bodies. This constitutional right of citizens to appeal against the actions of state authorities and officials is aimed at strengthening the legality and effectiveness of the activities of state authorities, protecting the constitutional rights of citizens and protecting the constitutional order of the Russian Federation.
Another principle of the system of public authorities is the principle of transparency and openness in the formation and operation of these bodies. This principle presupposes broad coverage of the activities of government bodies in the media, periodic information from broad strata of the population about the work of these bodies, the problems they face. The principle of openness presupposes closer interaction between government bodies and the population, public control over the procedure for the formation and operation of government bodies.
And finally, it is important to highlight the principle of separation of powers on which the system of government bodies in the Russian Federation and its constituent entities is built. In accordance with this principle, the state power bodies of the Russian Federation are divided into legislative, executive and judicial bodies, which respectively carry out the main functions of state power (law-making, executive-administrative and law enforcement). These bodies form the basis of the constitutional system of the bodies of the Russian state. At the same time, it is assumed that the three branches of government should mutually complement each other, mutually control and restrain each other according to the classical scheme of the system of "checks and balances", worked out by the world constitutional experience. The principle of separation of powers also presupposes the influence on each of them from the side of the prosecutor's office, which must take measures to eliminate violations of the laws, no matter from whatever body of state power, its structural unit or official they come from. The most important role in protecting the constitutional rights and freedoms of Russian citizens from possible arbitrariness on the part of state authorities should belong to the Commissioner for Human Rights of the Russian Federation.
A unified system of state bodies should be clearly and universally coordinated.
First of all, this complex work of coordinating the activities of government bodies is carried out by the President of the Russian Federation as the head of state, for example:
The President exerts influence on the legislative bodies of power by exercising the right to initiate legislation, the right to sign adopted laws or the right to veto them;
The President exerts influence on the judiciary (by providing the Federation Council with candidates for appointment to the posts of judges of the Constitutional Court, the Supreme Court and the Supreme Arbitration Court, by appointing judges of other federal courts);
The President actually directs the activities of the executive authorities in the person of the Federal Government, with which the President is very closely connected and in fact directs his activities, formally not being the head of the executive branch.
The Constitution of the Russian Federation, proclaiming the principle of the separation of powers into legislative, executive and judicial, takes the President of the Russian Federation outside the framework of these branches of power, without referring him to any of the above branches, although according to the text of the Constitution he is proclaimed as an independent subject of the exercise of state power. This gave rise to some Russian constitutionalists to assert that a separate independent Presidential branch of power, or even a super-presidential one, is being formed in Russia. Apparently, such a point of view has a right to exist, since in the currently established form, the principle of separation of powers in the Russian Federation is rather limited, while in a purely presidential republic (for example, the United States), the president is the head of the executive branch of power and is responsible for the results. the work of the cabinet of ministers, and in Russia the President actively influences the legislative branch of power, controls and actually directs the actions of the Government, and he himself is removed from the influence of this system, including from the influence of any form of control by the state authorities ...
With the exception of the institution of removing the president from office on charges of high treason or committing another grave crime (a procedure very complicated and practically impracticable), the Federal Assembly and the judiciary, as well as the electoral corps, have no real leverage over the president's activities or establishing responsibility for the consequences of this activity.
Apparently, such a constitutional model of the institution of the presidency was established due to the peculiarities of the transition period experienced by Russia, and was largely adapted to President Yeltsin. It is possible that in the future, as the constitutional system in Russia stabilizes, the principle of separation of powers will approach its classical form when a purely presidential republic is established.
As mentioned in Lecture No. 2, the highest and most developed form of political power is state power.
State power is a relationship of domination and subordination associated with management, coordination of volitional actions of people, based on organizing influence and the possibility of coercion by the state.
Since state power is a type of social power, it is designed to subordinate to its own will those subject to the purpose of managing society, creating organization and order in it.
Signs of state power:
1. Public nature... It applies to society as a whole, to all its members, all groups and organizations of people. This feature does not distinguish state power from the potestar power of primitive society, but it does differentiate it from other types of social power: family, religious, corporate, mafia, etc.
2. Political character... Politics is the art of managing a socially heterogeneous society, divided into groups, classes, castes, strata, etc., and state power functions in such a society. State power should be considered a kind of political, and not identified with them, since there are other types of political power - the power of political parties, lobbying groups, clientele, etc.).
3.Territoriality. It operates within a certain territory, nationwide within the territory of the entire state, regional within a constituent entity of the federation, etc.
4.Sovereignty. It is expressed in supremacy within the country and independence from outside. The supremacy is expressed in the ability to recognize the manifestation of any other power (religious, clan, trade union, criminal, etc.) as insignificant, and in the fact that it applies to all subjects in the territory.
Independence is manifested in the independence of decision-making in the international arena on all issues, based on international treaties and principles of international law and (good-neighborliness, recognition of territorial integrity and others).
5.Legality and legitimacy. Legality is the foundation of state power on domestic legislation and generally recognized principles and norms of international law (the latter for modern states). Legitimacy expresses the psychological, value, moral characteristics of state power, entailing confidence in it on the part of the population and a willingness to obey it.
It is carried out using various means and methods: authority, customs, traditions, religion, ideology, propaganda, information, encouragement, incentives, recommendations, etc. Among them there are special means, which only state power possesses: a) the mechanism of the state, consisting of governing and coercive bodies, and a detachment of officials professionally involved in management; b) the norms of positive law. TO special methods includes state coercion, including direct violence and suppression. The state has a monopoly on the exercise of coercion.
The structure of state power. This is a question about the internal structure, the elements of which it consists. State power, like any social power (see lecture number 2) is considered statically and dynamically. The structure of state power in static represented by two elements: will and strength. Will defines the essence of power because power is always a manifestation of someone's will. The dominant subject can be an individual, a group of people, a social class, a people, etc.
Dominion involves the imposition of will on the one hand and submission on the other. Whose will is the state exercising? Ideally, the state should express and implement the will of the entire people, as well as the will of classes and social groups. The expression of will in real states depends on their essence, goals, social orientation of power, socio-political and international situation and other factors.
Force, the second element of power, implements the will. Without power, the will cannot be embodied, affect the behavior and activities of people. The power of state power is embodied in mechanism of the state: v governing bodies(parliaments, governments, ministries, courts, prosecutors), in enforcement authorities(army, police, internal troops, prisons, etc.), as well as in enterprises, institutions and organizations of the public sector who create a material and financial base for state bodies, train personnel for it, etc. If the authority of the governing bodies is not enough to assert the state will, the bodies of state coercion come into action.
The structure of state power in dynamics comprises subject, object, power relations, means and methods exercise of power.
Subjects state power - those who are the bearer, to whom the state power belongs, from whom the power impulse emanates. These are the people, social groups, strata of the population, elites, national communities. But on behalf of the listed subjects they act, their will is expressed, as a rule, by the state and its bodies.
Objects state power - subordinates, to whom the impulse of power is directed from the side of the ruling subjects. These are individuals, their associations, strata and classes, social and national communities of society as a whole. They can also be submitted by government agencies. Subjects and objects of state power do not coincide, coincidence is possible when exercising democracy in direct forms(referendums, elections).
Power relation arises between the ruling and the subject, its content is the manifestation and imposition of the will on the part of the ruling subject and the subordination of the will of the subject to it. Submission can be voluntary or compulsory. The will of a state-powerful subject is usually clothed in the form of positive law (laws and by-laws), where certain behavior is prescribed to the subject in the form of legal norms.
Means of implementation state power is what it relies on, by means of which it is carried out, put into practice. Characterizing the signs of state power, it has already been noted that state power has at its disposal specific means that other powerful subjects do not possess: a) the mechanism of the state, consisting of governing and coercion bodies and a detachment of officials professionally involved in management; b) the norms of positive law.
At the same time, the mechanism of the state includes enterprises, institutions and organizations of the public sector who create a material and financial base for state bodies, train personnel for it. At the same time, state power can also use non-state associations, organizations, movements, mass media, as well as social norms, not only legal, but also moral, religious, political, customs, traditions, etc.
Methods of exercising state power. Methods, ways of imposing will depend on the coincidence of interests and will of the subject and the object of state power. In case of coincidence of will, the method of information support, recommendations is applied. In case of discrepancy, clarification, persuasion, agreement, stimulation, encouragement are applied. When the will of the subjects is contrary to the point of irreconcilability, state coercion is applied. Compulsion – attraction of the subject, against his will, to perform any actions or undergo any actions in relation to him on the part of other subjects.
State coercion is the mental, material or physical influence of state bodies and state officials vested with power in order to impose their will and force them to act in accordance with it, as well as in the interests of the state and the whole society... This is a kind of effective influence based on the use of political, economic, physical and other means of pressure on the subject (intimidation, threat of use of force, violence itself). In modern society, open violence is replaced by latent (hidden) forms - manipulation of information, consciousness. State coercion is carried out in two forms: legal and non-legal. Unlawful form coercion is fraught with arbitrariness of officials and the state as a whole, is characteristic of anti-democratic (authoritarian, totalitarian, despotic) regimes. Law enforcement based on legal norms in which the type and measure of coercion by the state are formally enshrined, as well as special procedures in which coercion is carried out. Such coercion can be challenged in independent judicial bodies if it was illegal, unreasonable, unjust. There are many types of legal coercion: preventive measures (prevention), measures of restraint (detention, drive), protection measures (restoration of violated rights), security measures (examination of passengers and luggage, requisition), etc.
Any state traditionally applies the method of persuasion, which is also used by all other subjects ruling in society, i.e. this method is not special. Persuasion is a method of actively influencing the consciousness and will of people through ideas, values, knowledge, information, in order to form views, beliefs, attitudes, based on an understanding of the essence and goals of state power... The method of persuasion does not have many side social effects of the method of coercion and its importance for state power increases with the growth of the political culture of society.
The structure of state power can be considered from the point of view of the principle of separation of powers, when it is distinguished legislative, executive, judicial branches authorities (according to the constitutions of various states and other branches, for example, presidential, constituent, electoral, municipal etc.).
From the point of view of the territory to which the state power extends, there are federal (central) state power, regional state power exercised on the territory of a constituent entity of the federation, local power, the action of which is limited to an administrative-territorial entity. It should be remembered that, according to the Constitution of the Russian Federation, local self-government bodies are not state bodies, they exercise local self-government on the territory of the municipality. However, state power can exercise power over a given territory directly through state bodies or their local representatives, or use local self-government bodies. In this case, the latter do not change their nature and do not become state ones.
Date of publication: 2014-11-18; Read: 13396 | Page copyright infringement
... Dear participants, guests and organizers of the All-Russian Scientific and Practical Congress "Comprehensive socio-economic development of rural areas and small settlements - the basis of Russia's national security"!
On behalf of the State Duma Committee on Education and Science, I am glad to welcome all participants, guests and organizers of the All-Russian Congress "Selo-RF".
An important place in this program, as well as in the development of Russian education in general, is played by measures to develop the education system in rural areas. Institutions of general and secondary vocational education have become system-forming elements in the life of large and small rural settlements, not only educational, but also socio-cultural development centers.
The preservation and development of the education system in rural areas has become a driver of the infrastructural development of rural areas - communication systems and the organization of Internet access, the development of the road network to ensure the School Bus program, the revival of physical culture and sports complexes at educational organizations that can simultaneously meet the needs of citizens, living in rural areas.
I wish the participants of the All-Russian Congress, representing different regions of Russia, representatives of various authorities, productive work in working out solutions for the further development of rural areas and creating conditions for high-quality education for all residents of rural settlements ...
Yours faithfully, Chairman of the Education and Science Committee of the State Duma of the Russian Federation V.A. Nikonov
The words "system" and "structure" are similar in meaning, but they must be distinguished. If a system means a set of elements in connections, their interaction, then structure means their arrangement.
Government agency- this is a legally formalized, organizationally separate, part of the system of public authorities, acting in accordance with the procedure established by the state, endowed with state-power powers and the necessary material resources to carry out the tasks and functions assigned by the state.
The totality of the bodies of the Russian state, interconnected and interacting with each other in the course of the exercise of state power, forms system of public authorities of the Russian Federation... In connection with the federal state structure of Russia, this system includes the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Federation.
Let's dwell on the system and structure of federal bodies . State power in Russia is exercised on the basis of constitutional separation of powers... In accordance with this, the system of public authorities of the Russian Federation consists of legislative, executive and judicial authorities (Article 10 of the Constitution of the Russian Federation).
The head of state is President of Russia, elected by popular vote for a period of 6 years (until December 31, 2008 - for 4 years). According to the current Constitution, he has a number of important powers: he directs foreign policy, is the Supreme Commander-in-Chief of the Armed Forces, appoints the Chairman of the Government with the consent of the State Duma, and decides on the resignation of the Government. On the proposal of the Prime Minister, appoints and dismisses Deputy Prime Ministers and Federal Ministers. The President heads the Security Council, appoints and dismisses the command of the Armed Forces. Has the right to propose candidates for the position of Chairman of the Central Bank for consideration by the State Duma. In the event of aggression or an imminent threat of aggression, the President has the right to declare martial law throughout the country or in certain territories, but at the same time is obliged to immediately notify the Federal Assembly of his decision. Has the right to issue decrees that are binding on the entire territory of Russia (decrees must not contradict federal laws). He also has a number of other powers. The President may be removed from office by the Federation Council, provided that the State Duma charges high treason or another grave crime and has a positive opinion from the Supreme and Constitutional Courts.
Legislature is carried out by the Federal Assembly - the parliament, consisting of the upper (Federation Council) and lower (State Duma) chambers. The Federation Council includes two representatives from each constituent entity of the federation (there are 83 constituent entities in the Russian Federation, hence 166 members of the Federation Council). In 1993, the members of the Federation Council were elected by the population, in 1995 their place was taken directly by the governors (presidents) and speakers of regional legislative assemblies, and since 2000 - by appointed and elected representatives of the executive and legislative bodies of the federal subjects, respectively. In the future, it is planned to introduce amendments to the Constitution and move to the staffing of the Federation Council from among persons elected by representative bodies of power and deputies of local self-government. The Federation Council has no established term for its legislature. The State Duma consists of 450 deputies elected by popular vote according to party lists for a period of 5 years (until December 31, 2008 - for 4 years). The Federal Assembly is a single parliamentary body, but this does not mean that its chambers act jointly in all cases. On the contrary, the Constitution of the Russian Federation establishes that the Federation Council and the State Duma meet separately. Chambers can meet together only in three cases established by the Constitution of the Russian Federation: - to hear messages from the President of the Russian Federation; - to hear messages from the Constitutional Court of the Russian Federation; - to hear speeches by heads of foreign states.
According to Article 102 of the Constitution of the Russian Federation, the jurisdiction Federation Council include: - the approval of the change in the boundaries between the constituent entities of the Russian Federation; - the appointment of the election of the President of the Russian Federation; - the dismissal of the President of the Russian Federation from office by way of impeachment after the State Duma has brought the appropriate accusation (a two-thirds majority of the composition of the chamber is required to make a decision); - appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation (appointments are made on the proposal of the President of the Russian Federation); - appointment and dismissal of the Prosecutor General of the Russian Federation (also carried out on the proposal of the President); - appointment to position and dismissal of the Deputy Chairman of the Accounts Chamber and half of its auditors. When considering laws adopted by the State Duma, the Federation Council does not have the right to amend, but can either approve or reject the law as a whole.
A federal law is considered approved by the Federation Council if more than half of the total number of members of this chamber voted for it, or if it has not been considered by the Federation Council within fourteen days. If a federal law is rejected by the Federation Council, the chambers may create a conciliation commission to overcome the disagreements that have arisen, after which the federal law is subject to reconsideration by the State Duma. If the State Duma disagrees with the decision of the Federation Council, the federal law shall be considered adopted if, during the repeated voting, at least two-thirds of the total number of State Duma deputies voted for it. For the adoption of federal constitutional laws, the approval of three-quarters of the votes of the Federation Council is required; if the Federation Council rejects the draft federal constitutional law, the veto cannot be overcome by the State Duma.
Legal status State Duma defined in the fifth chapter of the Constitution of the Russian Federation. A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections can be elected a deputy of the State Duma (moreover, the same person cannot simultaneously be a deputy of the State Duma and a member of the Federation Council) (Article 97 of the Constitution of the Russian Federation). Since 2007, deputies of the State Duma have been elected according to a proportional system (according to party lists). Since 2005, the passing barrier has been raised to 7%. The new rules were established specifically in order to cut off obviously impassable parties and unwanted candidates to the State Duma. Previously, Russia had a mixed electoral system, since half of the total number of deputies was also elected according to the majority system (in single-mandate constituencies).
Elections to the State Duma were held in 1993, 1995, 1999, 2003 and 2007.
The work of the Duma is headed by the Chairman of the Duma and his deputies, while each faction or deputy group may nominate a deputy chairman of the State Duma. The work of the deputies is carried out within the framework of the committees and commissions of the State Duma.
The Constitution of the Russian Federation (Article 103) defines the following powers of the State Duma and gives the right to issue resolutions on them: - giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; - hearing the annual reports of the Government of the Russian Federation on the results of its activities, including on issues related to set by the State Duma; - resolution of the issue of confidence in the Government of the Russian Federation; - appointment and dismissal of the chairman of the Central Bank of Russia; - appointment and dismissal of the chairman of the Accounts Chamber of the Russian Federation and half of its auditors; - appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law; - announcement of amnesty; - bringing charges against the President of the Russian Federation for his removal from office. The State Duma adopts federal laws by a majority of votes of the total number of deputies, unless otherwise provided by the Constitution of the Russian Federation. Under the adopted federal law within the meaning of Part 1 of Art. 107 of the Constitution of the Russian Federation is understood: laws adopted by the State Duma and approved by the Federation Council in accordance with Part No. 1, 2, 3 and 4 st. 105 of the Constitution of the Russian Federation; laws re-adopted by the State Duma in accordance with Part 5 of Art.
105 of the Constitution of the Russian Federation; laws approved by the State Duma and the Federation Council in accordance with Part 3 of Art. 107 of the Constitution of the Russian Federation. In addition, the adopted federal law is signed and promulgated by the President of the Russian Federation.
The dissolution of the State Duma can occur by decree of the President of Russia if it rejected three times the candidates for the post of Prime Minister presented by him or expressed no confidence in the Government again within three months. However, the Duma cannot be dissolved in the first year of its work. In cases of dissolution of the State Duma, the president sets the date of elections so that the newly elected Duma meets no later than four months after its dissolution.
Executive power implemented by the Government. The system of federal executive bodies includes federal ministries, federal services, and federal agencies.
Government- the highest federal body exercising executive power in the Russian Federation.
According to Article 110 of the Constitution of Russia, it consists of the Prime Minister, Deputy Prime Ministers and federal ministers. The Prime Minister of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma. In the event that the State Duma rejects the candidates submitted three times, the President appoints the Chairman of the Government, dissolves the State Duma and calls new elections. The President of the Russian Federation does not have the right to dissolve the State Duma on this basis during the last six months of his powers, during the period of martial law or a state of emergency throughout the state, as well as in the event that the State Duma initiates a procedure for removing the President from office by way of impeachment. The Prime Minister and federal ministers are appointed and dismissed by the President of the Russian Federation at the proposal of the Prime Minister.
On the basis of Article 114 of the Constitution of the Russian Federation, the Government exercises the following powers: = develops and submits the federal budget to the State Duma and ensures its implementation; submits to the State Duma a report on the execution of the federal budget; submits to the State Duma annual reports on the results of its activities, including on issues raised by the State Duma; ensures the implementation of a unified financial, credit and monetary policy in the state; = ensures the implementation of a unified state policy in the field of culture, science, education, health care, social security, ecology; = manages federal property; = takes measures to ensure the country's defense, state security, implementation of the foreign policy of the state; = takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime.
The Federal Ministry Russia is the name of the federal executive body for the development of 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. The Federal Ministry is headed by the Minister of the Russian Federation who is part of the Government of the Russian Federation. The Federal Ministry independently carries out legal regulation in the established area of activity, with the exception of issues, the legal regulation of which, in accordance with the above-mentioned acts, is carried out exclusively by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the government of the Russian Federation. In addition, the Federal Ministry coordinates and monitors the activities of it is in charge of federal services and federal agencies, as well as coordination of the activities of state extra-budgetary funds.
federal Service- a kind of federal executive bodies of Russia.
Main function: control and supervision over the implementation of legal norms in a particular area. Federal agency- a kind of federal executive bodies of Russia. The main functions are law enforcement, provision of public services, management of state property. Most federal services and agencies are under the jurisdiction of the respective federal ministries, but some are directly subordinate to the President or the Government of Russia.
The judiciary The courts are: the Constitutional Court, the courts of general jurisdiction, headed by the Supreme Court and arbitration courts, headed by the Supreme Arbitration Court.
Constitutional Court- a judicial body of constitutional control, independently exercising judicial power through constitutional proceedings. The head of the Constitutional Court is the President. The Constitutional Court consists of two chambers of 10 and 9 judges. Chambers are completed by lot, the procedure for the drawing of lots is established by the Rules of the Constitutional Court. 20 of the Federal Constitutional Law on the Constitutional Court, the composition of the chambers must not remain unchanged for more than three years in a row.
The Constitutional Court (V.D. Zorkin) of the Russian Federation in accordance with Article 125 of the Constitution-At the request of the authorities, resolves cases on the compliance of the Constitution of the Russian Federation with federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, constitutions of republics, statutes; -Allows disputes about competence between the state authorities of the Russian Federation and the constituent entities of the Russian Federation. - On complaints of violation of constitutional rights and freedoms of citizens and at the request of the courts, verifies the constitutionality of the law applied or to be applied in a particular case. = At the request of the President, State Duma, Government, Federation Council , legislative authorities of the constituent entities of the Russian Federation gives an interpretation of the Constitution of the Russian Federation. = At the request of the Federation Council, gives an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation.
Supreme Court( Lebedev V.M. ) the highest judicial body for civil, criminal and administrative cases, jurisdictional courts of general jurisdiction instances, in the order of supervision and for newly discovered circumstances, and in cases provided for by federal law, also as a court of first instance. = is the immediately higher court in relation to the supreme courts of the republics, regional (regional) courts, courts of federal cities values, courts of the autonomous region and autonomous regions, district (naval) military courts. = studies and summarizes judicial practice, analyzes judicial statistics and provides clarifications on matters of judicial practice.
Superior Court of Arbitration ( A. A. Ivanov ) - the supreme judicial body for the resolution of economic disputes and other cases considered by the arbitration courts of Russia, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on matters of judicial practice.
There are state authorities in the Russian Federation, which are not part of any of the three powers d - legislative, executive and judicial. Such bodies at the federal level include the Prosecutor's Office of the Russian Federation, the Central Election Commission of the Russian Federation, the Commissioner for Human Rights in the Russian Federation, and the Accounts Chamber. In addition to these bodies, the system of state bodies of the Russian Federation also includes a number of other bodies performing auxiliary, advisory and other kinds of functions, which are determined by state authorities. These bodies include, for example, the Presidential Administration of the Russian Federation, the Security Council of the Russian Federation, and the Central Bank of the Russian Federation.
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The system and structure of the executive authorities of the Russian Federation
It should be remembered that the words “ system" and " structure" are similar in meaning, but they must be distinguished. If system means a set of elements in bonds, then structure- their location.
The Constitution of the Russian Federation (part 2 of Art. 77) establishes that, within the jurisdiction of the Russian Federation and its powers in matters of joint jurisdiction of the Russian Federation and its constituent entities, federal executive agencies and executive agencies constituent entities of the Russian Federation form a single executive power system In Russian federation.
United system presupposes a certain vertical connection and denotes nothing more than a set of various management subjects subordinate to the corresponding center. Moreover, in accordance with Art. 78 federal executive agencies to exercise their powers, they can create their own territorial organs. The existing normative acts (decrees of the President of the Russian Federation and other normative legal acts) presuppose the presence of an integral systems federal (for example, federal ministries, federal services, federal agencies, government committees).
In the constituent entities of the Russian Federation executive branch in accordance with the Federal Law "On General Principles organization legislative (representative) and executive bodies state authorities constituent entities of the Russian Federation "is established system of executive bodies led by a higher executive body state authorities subject of the Federation, headed by the head of the highest executive body state authorities subject of the Russian Federation. Higher executive agency state authorities subject of the Russian Federation ensures the implementation of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the constitution (charter), laws and other
regulatory legal acts of the constituent entity of the Russian Federation. The name of the higher executive body state authorities subject of the Russian Federation, its structure, the procedure for its formation is established by the constitution (charter) and the laws of the constituent entity of the Russian Federation. Higher executive authority constituent entity of the Russian Federation forms other executive agencies subject of the Russian Federation.
Among administrative scientists, there is currently no consensus about which subjects executive power are included in its system. Typically in the system federal executive authorities include the Government of the Russian Federation, federal ministries and departments. By the Decree of the President of the Russian Federation of March 9, 2004 No. 314 in the system federal executive authorities includes federal ministries, federal services and federal agencies, as well as government committees that appeared in September 2007.
V system of executive authorities subjects of the Russian Federation include the highest executive authority subject of the Russian Federation, other executive agencies subject of the Russian Federation. Opinions were divided regarding the President of the Russian Federation: most scientists do not classify him as executive power, some believe that it is a "special subject of the Russian Federation". The system of subjects executive power in the Russian Federation can be represented as follows:
The President of the Russian Federation (together with his staff - the Administration of the President of the Russian Federation);
Government of the Russian Federation;
federal executive agencies(federal ministries, federal services, federal agencies, state committees) together with their territorial bodies;
Plenipotentiary representatives of the President of the Russian Federation in federal districts;
chapters executive power subjects of the Russian Federation (presidents, heads of administrations);
governments of the constituent entities of the Russian Federation;
others executive agencies subjects of the Russian Federation;
heads of municipalities and organs local government (exclusively in terms of the powers vested in state executive authorities).
Under the term " structure"(from Latin structura - structure, location, order) means structure, internal structure. In jurisprudence, as a rule, this concept is used to determine the internal structure of any organ, its location in organ system. It is also used to determine the general staffing table. organ, at its name, establishing it structural divisions, determining the wages of employees. In other words, under the structure of the executive authority understands the structure and internal form system organization, serving as a unity of stable relationships between its elements. Two components are distinguished in it - structure, a set of elements and system relationship between them.
Everyone has organ management, including certain structures predetermines effective activity executive authorities, distribution of powers, tasks, functions and responsibility for the results of management work.
Organizational is provided by the development and approval of their staffing table, which is a list of structural subdivisions organ(with their names), positions and their number, official salaries.
The procedure for drawing up and approving staffing tables organs management is controlled by higher executive authorities.
The provisions on federal executive authorities the terms “typical structures ","Typical staffs", "staffing standards" organs, departments, organizations subordinate to the relevant federal ministry or directly to the Government of the Russian Federation.
Typical structure is a document that establishes a list of required in the relevant organ or organizing structural divisions with an indication of their names (in some cases, with an indication of their main tasks and functions).
The Model States are an act that includes regulations that define:
number of civil servants, other employees and employees structural subdivisions bodies, organizations, enterprises and institutions;
the quantitative ratio of various groups of persons performing the powers and functions of the corresponding organization(managers, officials, executors, other employees and employees);
quantitative ratio of management personnel and real volume of activity organ or organizations.
The staffing standard is a document that establishes the maximum number of persons engaged in the implementation of the functions and powers of the relevant organs and organizations.
From organizational structure depends on the specialization and concretization of management, its complexity, the correct distribution of the load between different parts. Rational structure allows you to solve problems with less time and effort and more skillfully, creates conditions for coordinated and accurate work.
Generally, structures controls have many features that can be used as criteria for their grouping.
It is customary to distinguish structures simple and complex, linear and functional, constants and variables, typical and
individual, formal and informal, established and experimental, centralized and decentralized.
Analyzing structure federal executive authorities, it can be stated that it is based on both industry and functional principles. So, in 1993 there were 22 ministries, 11 state committees, 22 committees, 16 federal services, agencies, and oversight. V structure federal executive authorities, approved on August 14, 1996. - 24 ministries, 19 state committees, 18 federal services, 3 agencies and 2 federal oversight. In 2000. - 24 ministries, 6 state committees, 2 federal commissions, 13 federal services, 8 agencies, 2 federal supervision, other organs- 3. And, finally, at the present time (March 2008) - 16 federal ministries, 35 federal services (including 10, which are directly managed by the Government of the Russian Federation), 33 federal agencies (including 5, headed by the Government of the Russian Federation) and recently created 2 state committees also directly subordinate to the Government of the Russian Federation (see Appendix).
System and executive structure not yet fully formed. They are to be improved at the federal level and the search for forms of creation systems territorial organs federal ministries, departments in the regions.
21) Legal regime, content and objectives of administrative reform
Administrative reform is not a one-time event, but an ongoing process. The next requirement from this is that it is necessary to avoid general abstract programs and set clear measurable objectives.
Modernizing public administration means making it simpler, clearer, more efficient, trying to achieve transparency in public spending and clearly defining the responsibilities of each of the many operators of public administration.
By the Decree of the President of the Russian Federation of July 23, 2003 No. 824 "On measures to carry out the administrative reform in 2003-2004", the priority directions of the administrative reform were determined:
- limiting government interference in the economic activities of business entities, including the termination of excessive government regulation;
- elimination of duplication of functions and powers of federal executive bodies;
- development of a system of self-regulatory organizations in the field of economics;
- organizational separation of the functions of regulation of economic activity, supervision and control, management of state property and the provision of services by state organizations to citizens and legal entities;
- completion of the process of delineation of powers between federal executive bodies and executive bodies of the constituent entities of the Russian Federation, optimization of the activities of territorial bodies of federal executive bodies.
The solution of these tasks was entrusted to the Government Commission for the Implementation of Administrative Reform, formed by the Decree of the Government of the Russian Federation of July 31, 2003 No. 451.
As a result of the implementation of the initial stage of the administrative reform, the necessary prerequisites were created for the further comprehensive modernization of the public administration system.
Under administrative reform understands, at first glance, similar and interrelated, but still different transformations in certain areas of public administration.
There are at least several typical ideas about the content of the administrative reform:
- modernization of state power, including the reform of the legislative, executive and judicial branches;
- reform of the administrative-territorial structure of the state;
- delineation of powers and subjects of jurisdiction between federal, regional and municipal authorities;
- civil service reform;
- reform of the functions and structure of the executive branch.
The first two directions are not included in the content of the administrative reform. They are not aimed at a radical revision of the functions of the executive, legislative and judicial authorities and concern, in particular, the improvement of procedures for the implementation of the existing functions of the judiciary, bringing the judicial system into conformity with them, and for the legislative branch they are more connected with a change in the procedure for the formation of representative bodies of power. - Election of members of the Federation Council or the formation of the State Duma and regional representative bodies of power on a mixed (proportional and majority) principle.
The change in the administrative-territorial structure, which at this stage is mainly associated with the unification of the constituent entities of the Russian Federation, does not affect the powers of the state authorities of the constituent entities of the Russian Federation as such, but only leads to the consolidation of the functions carried out by the executive authorities of the two regions to the executive authorities of the united constituent entity of the Russian Federation.
The remaining three directions constitute administrative reform in a broad sense.
The main content of the delineation of powers and jurisdictions between federal, regional and municipal authorities is the assignment of clear functions to each level of government, provided with financial resources, based on the principle of subsidiarity, that is, assigning the function to the minimum necessary level of power. One of the main problems of this part of the reform, which is important for the success of the administrative reform as a whole, is that it is derived from the definition of functions that remain with the state and the executive branch at all levels. Therefore, the delimitation of powers between federal, regional and municipal authorities made by law cannot be regarded as final, and it will be revised after determining the necessary functions of the state.
Civil service reform consists in revising the status of civil servants and the procedure for performing civil service in order to make the state a competitive employer, and civil servants - effective executors of state functions - this is its main significance for administrative reform.
The reform of the functions and structure of the executive branch is an administrative reform in the proper sense of the word.
It consists of two parts: operational and institutional.
The operational component consists in rejecting redundant functions, improving the procedure for implementing the necessary state functions, building a system and structure of executive power corresponding to the new functions, excluding a conflict of interests between them.
The institutional part of the reform consists in creating mechanisms to prevent the emergence of new redundant functions, consolidating procedures for performing the necessary functions, ensuring the information transparency of the authorities, and consolidating quality standards for the provision of public services.
Thus, administrative reform in a narrow sense can be defined as a process of revising the functions of the executive branch, consolidating the necessary and eliminating redundant functions, creating an adequate structure and system of executive power, as well as institutional changes in the system of public administration. The purpose is the creation of a system for the effective execution of state functions, ensuring high rates of economic growth and social development.
Let us consider in more detail the main components of the reform.
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The structure of public authorities in the Russian Federation
Taken together, the state bodies of the Russian Federation form a single system. According to the Constitution of the Russian Federation (Art.
11), it includes government bodies of the Federation and government bodies of its constituent entities. The unity of the system of state bodies of the Russian Federation is due to the fact that this system is based on the state integrity of the Russian Federation, on the unity of the system of state power. The unity of the system is manifested in the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the bodies of state power of its subjects. The Constitution of the Russian Federation (Articles 10, 11) provides for the presence of presidential, legislative, executive and judicial authorities. Each of these types of bodies is actually a subsystem of the unified system of state bodies of the Russian Federation.
1. The President of the Russian Federation is the head of state. He acts as a guarantor of the Constitution of the Russian Federation, human and civil rights and freedoms. The President, according to Art. 80 of the Constitution, ensures the coordinated functioning and interaction of public authorities, carries out general management of the activities of the Government and other parts of the executive branch, with the bodies of which he is most closely connected.
2. Bodies of legislative power are the Federal Assembly of the Russian Federation, people's assemblies, state assemblies, supreme councils, legislative assemblies of the republics within the Russian Federation; dumas, legislative assemblies, regional assemblies and other legislative bodies of power of territories, regions, cities of federal significance, an autonomous region and autonomous districts. The main feature of these bodies is that they are directly elected by the people and cannot be formed in any other way. In their totality, they constitute a system of representative bodies of state power of the Russian Federation. The legislative bodies are divided into federal and regional (subjects of the Federation).
3. The executive authorities include the Government of the Russian Federation, other federal executive authorities - ministries, state committees and departments under the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation - presidents and heads of administrations of the constituent entities of the Russian Federation, their governments, ministries, state committees and other departments ... They constitute a unified system of executive authorities headed by the Government of the Russian Federation. It is characteristic of executive authorities that they are either formed (appointed) by the respective leaders of the executive branch - presidents or heads of administrations, or are elected directly by the population. Executive authorities carry out a special type of state activity, which is of an executive and administrative nature.
The executive authorities are divided into federal and subjects of the Federation.
4. The judicial authorities comprise the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, other federal courts, as well as courts of the constituent entities of the Russian Federation. The bodies of justice in the aggregate constitute the judicial system of the Russian Federation. The main specific feature of these bodies is the exercise of judicial power through constitutional, civil, administrative and criminal proceedings.
5. A special group of state bodies, which does not belong to any of the previously named types of state power bodies, is formed by the prosecutor's office.
6. In addition to the aforementioned bodies, the system of state bodies of the Russian Federation also includes a number of other bodies performing auxiliary, advisory and other kinds of functions, which are determined by the bodies of state power. These bodies include, for example, the Administration of the President of the Russian Federation and the Security Council of the Russian Federation, plenipotentiaries of the President of the Russian Federation.
In addition to the division by subject matter, the constitutional system of state bodies can be considered as a two-tier one, including federal state bodies and bodies of the subjects of the Federation. The system of local self-government bodies forms an independent set of bodies that do not belong to the number of government bodies.
Unlike the previously existing Constitutions of Russia of the Soviet period, the Constitution of the Russian Federation of 1993, while developing the ideas of federalism, does not strictly regulate the organizational activities of government bodies.
If in relation to the structure of representative and executive bodies of state power, the constituent entities of the Russian Federation have significant independence, then the system of judicial bodies of the constituent entities of the Russian Federation basically acts as a set of federal institutions (with the exception of constitutional, statutory courts of the constituent entities of the Russian Federation).
Therefore, paragraph "o" of Art. 71 of the Constitution of the Russian Federation, refers the regulation of the judiciary to the exclusive competence of the federation. This applies equally to the prosecutor's office, the totality of whose bodies forms a single centralized system subordinate to the Prosecutor General of the Russian Federation (Article 129 of the Constitution).
Local self-government is recognized and guaranteed in the Russian Federation. Local self-government is independent within the limits of its powers. Local self-government bodies are separated from the system of state power bodies. Hence the variety of ways to form executive and representative bodies of local self-government.
CONSTITUTIONAL PRINCIPLES OF ORGANIZATION AND ACTIVITIES OF STATE BODIES 1. The principle of separation of powers (Article 10) 2. Art. 11 h. 3. The principle of delimiting the subjects of jurisdiction and powers between the federal bodies of state power and the bodies of state power of the constituent entities of the Russian Federation (Article 11, part 3) 3. The principle of checks and balances
State authorities of the Russian Federation (according to the KRF from the city) Legislative Executive Judicial P R E Z I D E N T Federal Assembly (V) Council of Federation (N) State. Duma Government Ministry of State Committees Departments Constitutional Court Supreme Court Supreme Arbitration Court
X ARACTERISTICS OF STATE AUTHORITIES IN THE RUSSIAN FEDERATION President of the RF (Ch. 4 KRF) 1) Who can become the President of the RF? (Article 81) Citizen of the Russian Federation, at least 35 years old, permanently residing in the Russian Federation for at least 10 years 2) How many times and for how long is the President of the Russian Federation elected? (Art. 81) For 6 years (from year) no more than two consecutive terms 3) What are the names of the normative legal acts issued by the President? (Art. 90) Decrees and orders 4) Who can temporarily fulfill the duties of the President if he himself is not able to fulfill them? (Article 92, part 3) Chairman of the Government of the Russian Federation
5) How can the President be removed from power? The President of the Russian Federation may terminate the exercise of his powers: 1) Impeachment - the procedure for removing the President of the Russian Federation from power (Art. 93) 2) Resignation - voluntary resignation by the President of his powers. 6) Powers of the President (Articles 83, 84, 85, 86, 87, 88, 89) The Duma brings charges against 2/3 of the deputies The Federation Council makes a decision to remove the President from power (2/3 of the deputies for 3 months) initiative of 1/3 of the deputies decision of the special commission
Federal Assembly of the Russian Federation (Chapter 5 KRF) 1) How is the Federation Council formed? (Article 95) The Federation Council includes two representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies of state power. 2) How many deputies are in the State Duma? (Art. 95) 450 deputies. 3) For how long is the State Duma elected? (Art. 96) For 5 years (from year) 4) Who can become a deputy of the State Duma? (Art. 97) A citizen of the Russian Federation is at least 21 years old and has the right to participate in elections. 5) What activities, besides the main job, can the deputies of the State Duma be engaged in? (Art. 97) Teaching. 6) Powers of the Federation Council (Article 102)
Legislative process in the Russian Federation Legislative initiative Discussion of the bill in the State Duma Adoption of the law by the State Duma of the Russian Federation Federal laws 50% +1 vote Federal constitutional laws 2/3 votes Consideration and approval of the adopted law by the Federation Council Federal laws 50% +1 vote Federal constitutional laws 3 / 4 votes The signing and promulgation of the law by the President of the Russian Federation Imposition of veto on the draft law by the law Entry into force of the adopted law Return of the draft law for reconsideration in the State. The Duma
Government of the Russian Federation (Ch. 6 KRF) 1) How is the Chairman of the Government appointed? (Article 111) The Chairman of the Government is appointed by the President with the consent of the State Duma. 2) What is the name of the regulations issued by the Government? (Art. 115) Resolutions and orders. 3) To whom does the Government relinquish its powers? (Art. 116) Before the newly elected President 4) Name the cases when the Government has terminated its powers. (Article 117) 1) The Government of the Russian Federation may resign. 2) The President of the Russian Federation can decide on the resignation of the Government of the Russian Federation. 3) The State Duma may express no confidence in the Government (by majority vote; 3 months) 4) The Chairman of the RF Government may raise the issue of confidence in the Government before the State Duma. (if the Duma refuses confidence, then 7 days) 5) Powers of the Government (Art. 114)
1. What authority forms and heads the Security Council of the Russian Federation? 2. Which authority appoints and dismisses the Prosecutor General of the Russian Federation? 3. Under certain conditions, which authority can introduce a state of emergency on the territory of the Russian Federation? 4. Which authority has the right to bring charges against the President of the Russian Federation in order to remove him from power? 5. What authority develops and submits the federal budget to the State Duma and ensures its implementation? 6. Which authority has the right to approve changes in the boundaries between the subjects of the Russian Federation?
TYPES OF APPEAL OF CITIZENS: 1) Proposals Appeals of citizens aimed at improving the activities of state bodies, improving socio-economic relations and state building in Russia. 2) Statement of the Appeal of citizens regarding the implementation of their rights and legitimate interests of citizens; 3) Petition An application of citizens with a request for recognition of a certain status, rights, guarantees and benefits with the provision of documents confirming them; 4) Complaints Applications with a demand for the restoration of the rights and legitimate interests of citizens violated by the actions of state bodies, officials, owners of various forms of ownership and public organizations.
1) Procedure for removing the President of the Russian Federation from power a) referendum; b) self-government; c) elections; d) impeachment. 2. What power is exercised by the Government of the Russian Federation: a) judicial; b) executive; c) legislative; d) controlling. 3. What is the name of the parliament in Russia: a) the State Duma of the Russian Federation; b) Federal Assembly of the Russian Federation; c) Federation Council of the Russian Federation; d) the Supreme Soviet of the Russian Federation. 4. The right of a citizen to be elected to bodies of state power and local self-government: a) active suffrage; b) alternative suffrage; c) passive suffrage. 5. According to the Constitution of the Russian Federation, the legislative power in the Russian Federation is exercised by: a) the President of the Russian Federation; b) Federal Assembly of the Russian Federation; c) the Government of the Russian Federation; d) the Supreme Court of the Russian Federation.
6. Before whom does the Government relinquish its powers: a) before the State Duma; b) before the Federation Council; c) before the newly elected President; d) before the Federal Assembly. 7. Which of the requirements for a candidate for the post of President of the Russian Federation is not contained in the Constitution of the Russian Federation: a) marital status; b) the presence of citizenship of the Russian Federation; c) at least 35 years old; d) permanent residence in the territory of the Russian Federation. 8. What kind of paid activity cannot the deputies of the State Duma be engaged in? a) teaching b) scientific c) entrepreneurial 9. For how long and how many times in a row the President of the Russian Federation can be elected a) for 4 years no more than 2 times; b) for 6 years no more than 2 times; c) for 6 years, as many times as you like; d) for 2 years at least 3 times
4. What are the names of the special acts that the President can issue: a) laws; b) decrees and orders; c) regulations. 3. Parliament consists of: a) the State Duma and ministries; b) Governments and ministries; c) the President and the Federation Council; d) the Federation Council and the State Duma. 2. Age qualification for a candidate for the office of President of the Russian Federation: a) 30 years; b) 35 years old; c) 40 years old; d) 45 years old. 1. Which branches of government correspond to the principle of separation of powers: a) legislative, judicial, control; b) legislative, executive, judicial; c) legislative, electoral, judicial; d) legislative, political, judicial. 5. The government of the Russian Federation, federal ministries, etc. are: a) the system of executive authorities; b) the system of legislative bodies; c) the system of judicial authorities; d) the system of local authorities.
9. Name the extra type of electoral system. a) mixed; b) proportional; c) democratic; d) majoritarian 8. For how long are the deputies of the State Duma elected a) 3 years; b) 5 years; c) 8 years; d) 4 years 7. Age limit for voters in the Russian Federation: a) 16 years; b) 18 years old; c) 21 years old; d) 14 years old. 6. According to the Constitution of the Russian Federation, the Government: a) develops the federal budget and ensures its implementation; b) announces amnesty; c) decides on the appointment of presidential elections; d) appoints and dismisses the Prosecutor General of the Russian Federation.
All the best! Today the next step is to analyze the topic "Authorities in the Russian Federation". The topic is complex, you need to know not only the names of the organs, but also how they actually function. Without such knowledge, there is simply nothing to do on any exam. So go ahead.
To begin with, let me remind you that we live in the state of Russia, it is clear that it arose a very long time ago - around the 9th century AD ... There is the US state. It arose quite recently by the standards of Russia. However, there are common features of any state.
And the first most important sign - the apparatus of power - these are the bodies of power. No state can be imagined without them. How were they formed? Well, there are tons of theories. So, there is a theological theory (authors Augustine the Blessed and Thomas Aquinas), which says that any power is from God in order to curb the vices of people through laws. There are other theories as well. Personally, class theory is close to me. I talked about her.
Today we will deal with the apparatus of power.What is the structure of government bodies in the Russian Federation? Here's a diagram:
Let's figure out what's what. Firstly, all the authorities of the Russian Federation are divided according to the branches of government: legislative (which adopts laws), executive (you don’t believe it, executes laws to make them work) and judicial (judges).
Legislative power is represented by parliament - which in Russia we call the Federal Assembly. It is he who makes the laws. Who can propose bills? Answer:
The people can only elect the State Duma and the President. He cannot propose bills. First, the bill goes to the lower house of Parliament - the State Duma. There are three readings, if it passes, then it goes to the Federation Council, and if it fits, then it is signed by the President. The President of the Russian Federation can send the law for revision. If he does this more than 3 times, the State Duma can announce a vote of no confidence in him, and in general everything will be bad ... This is how the federal legislative bodies of power in the Russian Federation function.
The President appoints the Prime Minister. The government DOES NOT pass laws, it FULFILLS them. For example, the Parliament adopted the law "On raising the minimum wage to 20,000 rubles" (for example, today it is 4600, and the minimum living wage is 7,500). The government must fulfill it, that is, the Minister of Finance must do what he wants to do, but find the money! And to ensure that the law is carried out! This is how the executive authorities in Russia function.
It is clear that the judiciary is needed in order to judge. Also, the judiciary, represented by the Constitutional Court, verifies the content of the adopted and current laws with the Constitution - the main law of the country - so that they do not contradict it. The Supreme Court of the Russian Federation is the highest court for most court cases. The Supreme Arbitration Court - decides cases related to the economic and financial sphere.
What place does the President occupy in the structure of the bodies of state power of the Russian Federation? The President of the Russian Federation does NOT belong to any branch of government, but stands above them, coordinating their functioning! This, dear applicants, is extremely important to understand and remember! There are a lot of tasks on this principle in the USE tests in social studies! Something like this! 🙂
Further, Russia has a republican form of power. This means that the highest authorities in the Russian Federation are chosen by the Russian multinational sovereign (independent) people - that is, we are with you, dear friends (see illustration).
The people elect the President and the State Duma (blue arrows). In theory, he still has to elect governors, local parliaments and mayors of cities! In Perm, unfortunately, the people have been barred from electing the mayor and governor. But if they were elected - they probably would have been more diligent - they would have to keep their promises, otherwise they will not be elected any more! 🙂
White arrows show those authorities that are appointed by the President of the Russian Federation. Everything is eerily simple!
Further, Russia is a federal state (federation). What does this mean. There are two forms of government - unitary and federal. Under the unitary state, all territories are subordinate to the central government and have no independence from the center, obediently carrying out its orders. With a federal type of state-territorial structure, there is a central (federal) power and a local one. The powers of these authorities are determined by the contract. In the Russian Federation, this is the 1992 Federal Treaty - a federal constitutional law.
Local authorities are obliged to comply with federal laws, but they can also adopt their own laws that do not contradict federal ones! Thus, according to the structure of the state authorities of the Russian Federation, local authorities duplicate federal ones: the governor plays the role of the president, each constituent entity of the Russian Federation has its own parliament (in Perm, this is the Legislative Assembly of the Perm Territory), and its own ministries.
It is important to understand that entire states that have their own President can also be members of the Federation. So there is the Republic of Bashkortostan, the Republic of Tatarstan, etc. However, these states in the state (Russia) do not have external independence. However, they have great autonomy within the state. There are other types of constituent entities of the Russian Federation: autonomous okrugs, oblasts, territories, etc. All these are constituent entities of the Russian Federation! This is the structure of the bodies of state power of the Russian Federation.
We will talk about political regimes in the next post - do not miss it and subscribe to new articles on the site!
Best regards, Andrey (Dreammanhist) Puchkov