Executive power. Textbook: Administrative Law
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Introduction
I. The concept and main features of the state administrative
(executive power.............................................. .................6
1.1. Executive power in its relationship with the representative (legislative) represented by the Federal Assembly and the President and the judiciary ............................................................... ....................................7
1.2. The main features and the concept of executive power as an independent branch of the unified state power.................................. 8
P.Functions of the executive power (public administration). 17
III. Organizational structure of the executive branch .......................21
3.1. Linear and functional authority .............................................................. .21
3.2. Organizational structure of the state administration.......................23
3.3. Administrative office .................................................................. ......26
3.4. Administrative jurisdiction...............................................29
IV. Principles of activity of the executive power....................................32
Conclusion
Bibliography
Introduction
A legal state is being formed in Russia, which should be a system of bodies and institutions that ensure the normal functioning of civil society on the basis of law, the protection of the rights and freedoms of every citizen, the rise of the economy and the spiritual progress of the people.
Essence and structure state power legally enshrined in the Constitution and constitutional laws. State power is based on legislation, the state apparatus, material resources, cash mechanisms of persuasion and coercion. At the same time, it must be the bearer of a certain idea, have a moral justification, have legitimacy, that is, public recognition.
According to Art. 10 and 11 of the Constitution, state power in the Russian Federation is exercised on the basis of the principle of separation of powers - into legislative, executive and judicial, as well as the delimitation of jurisdiction and powers between the Russian Federation and the state authorities of its subjects.
Organ functions legislature are: legislative, that is, the preparation and adoption of laws, and control - in relation to executive authorities within the limits established by the Constitution (Articles 101, 103, 114).
Organs judiciary called in accordance with Art. 118 of the Constitution to consider constitutional, criminal, civil and administrative cases. In addition, the judiciary exercises control over the legality in the activities of executive authorities and their officials, government officials. The order of implementation of this function is determined by a number of laws.
As for executive power, then this branch of state power is entrusted with organizational and managerial, executive and administrative activities carried out
by certain state bodies and officials on the basis of and in pursuance of laws in order to ensure the daily (current) functioning of the state and its apparatus. The powers and possibilities for exercising executive power are vested in the Government, federal ministries and other federal executive bodies, executive bodies of the constituent entities of the Federation, and a number of certain officials.
The activities of these bodies for the management of economic, socio-cultural and administrative-political construction were previously called state administration.
After the legal consolidation of the division of state power into three branches - legislative, executive and judicial - instead of the concept of "public administration" the concept of "executive power" is used. At the same time, in the legislation, federal executive authorities and executive authorities of the constituent entities of the Federation are also called bodies exercising public administration. Although these concepts are close, since the executive power is implemented in the form of public administration, however, it should be borne in mind that the concept of "public administration" is broader than the concept of "executive power", since some managerial functions, along with their main function carried out by other public authorities. Thus, the judicial authorities, along with the administration of justice - their main function - simultaneously, when considering specific cases, exercise control over the legality of acts of executive authorities and internal management: they manage the activities of the courts and other judicial workers.
Given the above, objectives of this course work are:
Definition of the concept and features of executive power as an independent branch of the unified state power
Determining the content of activities (functions) of the executive branch
Study organizational structure executive power
I. The concept and main features of state administrative (executive) power
The most appropriate, in our opinion, is the approach to the problem of executive power from the position separation of powers theory which can be understood as follows. The source of sovereignty is the people, it owns (should belong) all the power. People's power is exercised directly through the institutions of direct democracy only to a small extent. Basically, common affairs are decided by the state, which the people create, pay for, and to which the people delegate their power. It becomes the most powerful social organization, commanding vast resources, relying on a powerful coercive apparatus.
Historical experience teaches that the concentration of state power in one hand leads to despotism, dictatorship, totalitarianism, so it should be divided. Such a division is necessary so that the shortcomings of the top leaders do not become the vices of the entire state, the entire country. Sufficiently independent and strong subsystems of the state apparatus should be created: legislative, executive and judicial. The system of checks and balances prevents excessive concentration of power, its misuse, promotes the establishment of relations based on the law of the state with civil society, with every person. As a result, conditions are being created to ensure the rights and legitimate interests of citizens, the development of civil society, and the establishment of a rule of law state.
In Russia, the principle of separation of powers was first enshrined in the Constitution of the Russian Federation of 1993, in Art. 10 which says: “State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent”.
Since the executive branch is one of the authorities, it is expedient to first find out the place of the executive branch in the system of authorities when characterizing it, i.e. define relationships with other authorities. Then it is necessary to turn to the definition of features, content and principles of executive power.
1.1. Executive power in its relationship with the representative (legislative) represented by the Federal Assembly and the President and the judiciary.
The very name of the power in question - executive says that its task is to fulfill the instructions of representative power in the face of laws, decrees and other legal acts.
However, when these relationships are built on the basis of the principle of separation of powers, the possibility of absorption of one power by another should not be allowed, in other words, there should not be a demand for the omnipotence of representative bodies in relation to other powers.
For these purposes, the following basic organizational and legal principles have been identified relationship between legislative and executive authorities:
a) each power has precisely defined competence without the right of one or another power to interfere with the powers of another;
b) the legislature has the right to suspend and cancel acts of the executive branch only if they contradict the Constitution and the law; it is not allowed to cancel acts of the executive power on the grounds of their inappropriateness;
c) mutual control of the representative and executive powers is carried out with the same, again, goal, so that one power does not exceed its powers in relation to the other;
d) the judicial power, which is authorized to resolve disputes between them on the basis of the Constitution, both in the center and in the localities, serves as a guarantee of the said relations between the authorities.
This position of the executive power in the system of authorities is determined by the Constitution and legislation, when the structure of the central government is based on the principle of separation of powers in a constitutional state.
Let us turn to the definition of the main features and the concept of executive power.
1.2. The main features and the concept of executive power as an independent branch of the unified state power
State administrative authority can be interpreted in two main ways:
In legal, understanding by it the right and ability of official leaders to manage someone, to subordinate other people to their will, to issue acts of power;
in political science, when this concept covers a complex of political and legal phenomena and, above all, public administration, the competence of its bodies and employees., its activities.
Public power appeared with the emergence of the state. Already in primitive society, it manifested itself in the form of the power of the leader and his assistants over the primitive herd, the basis of which is physical strength and courage; the power of the elders over members of the clan (tribe), based on moral authority and traditions.
Public power acquires its fullness in the state, where it relies on armed detachments, bureaucracy, and taxes. On the highest level it was concentrated in the hands of the monarchs and was the only state power that simultaneously legislated, ruled, and judged. A sharp increase in volume management activities associated with the emergence of the state, the increase in the number of governed, the size of subordinate territories, the growth of the division of labor and other factors in the development of human society. The supreme power (master, sultan, emperor, people's council) needed ministers, viziers and other service people - administrators, so that they would carry out the will of the highest power. The minister, governor and other administrators are the people who serve the supreme state power and put its decisions into practice. And for this they are endowed with power, which is called administrative, that is, power that is subordinate to the highest authority. It is easy to see the differences between the power of the monarch, the master ("great master of the order") and his ministers, endowed with the same power, servants. Top management relies on its administrators, on the administration.
The French scientist R. Drago gives the following definition of administration: “Administration is a set of human and material means designed to ensure, under the leadership of political power, the execution and application of laws ... The goals of the administration are never primary, they are always secondary and consist in fulfilling the tasks entrusted to it fundamental government bodies.
The main goals of the executive branch:
2) creation of conditions conducive to the well-being of citizens, society, the state, the development of the country's economy;
The state administration itself ensures the security of the country and its inhabitants, protects the weak, creates a system of administrative guardianship. And it also creates the conditions for the mechanisms of self-regulation to operate in all spheres of public life.
The executive power is an instrument for protecting and ensuring the interests of civil society and its individual members. Society, creating a state administration, paying for its maintenance, fulfilling its requirements, expects that the activity of this instrument will be effective, that is, the goals set will be achieved in the optimal time and at the lowest cost.
To be effective, the public administration must act expediently, rationally using its powers and resources. And at the same time, she must strictly observe the law. Expediency within the framework of the law, legal expediency - the basic principle of administrative activity. And the more consistently it is carried out, the more effective it is. The specificity of goals and principles is one of the essential features of executive power.
The structure of the sphere of activity of the executive branch
The bearer of executive power is the apparatus of state administration, which has its own structure, which will be discussed later. The sphere of activity of the administrative apparatus goes far beyond its limits; on the basis of this activity, certain groups of management relations are formed:
The relationship of the executive power with the citizen, both individually and with all citizens, then to eat with civil society;
Executive Relations with numerous and
diverse
associations of citizens- with political parties public organizations etc., which citizens enter in order to participate in political and public life, communicate with colleagues in the profession, develop various initiatives, etc., which is one of the conditions for the strengthening and development of civil society.
Executive Relations - - in farm, social sphere, law enforcement sphere, the field of foreign relations and interests. All these spheres are organized and expressed in one way or another - there are management bodies for state property, state enterprises and institutions, management bodies in the social sphere - education, science, culture, health care, etc., as well as in other areas mentioned above - ministries and departments internal affairs, foreign affairs, security, defense, foreign economic relations, etc.
Relationships of the executive power directly with companies, institutions and other organizations that do not have such statuses, relations with labor collectives these formations.
Signs of executive power:
1. The first sign of administrative power is its secondary nature, its subordinate position, its dependence on a higher authority.
2. The second sign is its organizing character. It is necessary to establish a complex network of public relations in the economic, socio-cultural, administrative and political spheres, in creative and protective activities. It contains all real practical work for the implementation of laws, acts of senior management. She translates political issues in organizational. The administrative power is obliged to unite the energy, the efforts of citizens, to restore order both in normal and in extreme conditions.
The law is only an abstract norm that outlines a model of human behavior. For its implementation, organizing, coordinating and controlling actions of the state are necessary. They are carried out by the state administration, which deals with the real phenomena of life and performs the tasks of constant, purposeful management of people, and through them - property and social processes.
3. Administrative activity is systematic, continuous organization aimed at preserving social system, its strengthening, development.
4. Administrative power is universal in time and space, i.e., it is carried out wherever human collectives function. It directly organizes the defense of the country, the protection of state and public security, the activities state enterprises and institutions, provides general management non-governmental organizations(registration, licensing, taxation, control), with the help of legal regulations affects citizens and organizations. In the process of executing acts of senior management, it also carries out lawmaking and jurisdictional activities (punishes, resolves disputes). The universalism of this power is also manifested in the ways of influencing people (encouragement, persuasion, agreement, registration, permission, suppression, etc.). Just as a composer creates a melody (good or not very good) from the existing variety of sounds, so administrators, using existing methods of influencing the will of people, create organization, order in society (good or not very good).
The state administration itself ensures the security of the country, manages many enterprises and institutions, and at the same time creates conditions for the functioning of municipal, public, and private mechanisms of self-regulation in society.
5. An essential feature of administrative power is the presence in its direct jurisdiction of huge legal, informational, economic, technical, ideological, and organizational resources. IN it concentrates the actual state power. In essence, only it gives rights to specific subjects, allocates resources to them, carries out law enforcement, law assignment.
6. Knowing huge resources, the state administration does not use them directly, it does not produce products, does not heal, does not teach. It manages the actions of people, natural and other resources in order to organize production, education, health care, etc.
Administrative power is executive power, in the process of fulfilling the orders of a higher authority, it issues a huge number of orders - administrative acts (on allocation, admission, conscription, encouragement, imposition of penalties, etc.).
7. The armed forces, police (militia), state security agencies, specialized compulsory institutions are directly under the control of the state administration. The subjects of administrative power use the factual and legal opportunities available to them to carry out extrajudicial, administrative coercion. Coercion, reliance on force, the ability to independently implement physical, organizational and other measures of coercion in an administrative manner- an important feature of administrative power.
8. The above-mentioned signs of the content of state administrative power - universality, coercion, organizing character - determine it organizational form - a single, large, hierarchically structured state administration. The unity of the multi-level administrative machine is the most important basis for the unity of the state.
It is known that both the legislative and the judiciary do not have organizational unity, hierarchy, subordination of lower levels to higher ones. Unlike other governments, administrative authority is organizationally united, its subordinate links are subordinate to the higher ones, it is divided into hierarchical levels.
9. The direct daily organization of various social ties, the actual implementation of coercion require a large number apparatus workers. There is no doubt that the size of the administrative apparatus, the number of persons involved in administrative activities, far exceeds the total number of employees of all other state bodies combined. The exercise of administrative power requires a large number professionals and the rational organization of their work. The main figure in the administration is the official.
Administrative power- the power of officials. What is the relationship between the concepts of “administrative power” and “executive power” that are close in content? The executive branch is the administrativepower under the rule of law, a democratically organized society.
World experience shows that the administrative power always seeks to expanding its influence, its powers, its apparatus, the number of officials. Its lack of control entails the bureaucratization of society, corruption, and administrative arbitrariness. Therefore, with the consistent implementation of the principle of separation of powers, the organizing, universal, professional hierarchical administrative power acquires two new features: it becomes subordinate to the law and controlled.
10. Administrative power acts as secondary in relation to the representative (legislative) bodies that determine its structure, the powers of its bodies, even if the holders of executive power are elected directly by the people (president, governor, etc.). The acts of power issued by them (even decrees of the President) are subordinate to the law, they develop, clarify, detail, and apply the law in a specific situation. The actions of the administration cannot contradict the law, they are its execution. Therefore, the bodies are called executive, and the power is executive.
Of course, the administration has always served the highest authority, carried out its orders, obeyed it. In a state of law, its administration subject not to another authority, but to the law. It does not execute the acts of monarchs, but laws, that is, it becomes subordinate to the law.
11. Under the rule of law, the scope and forms of control over the activities of the executive power are significantly changing. Its control acquires a qualitatively different character. In the past, it was controlled by the monarch and officials authorized by him: prosecutors and other representatives of the highest authorities. It was control over subordinates, carried out from above, most often, control of some officials over others. In a legal state, the executive power is not subordinate to other authorities, it is independent, but it has the right to control all existing authorities: parliaments, courts, and other bodies that do not belong to any of the three branches of state power (the prosecutor's office, the accounting chamber, the authorized human rights, etc.). In Russia, huge control powers belong to the presidential power, which occupies a special position in Russian system separation of powers.
The level of accountability of the state administration increases sharply in the conditions of developed democracy and its manifestations: freedom of speech, the right to receive information, a multi-party system, etc.
Thus, we can formulate the following definition of the concept of "executive power": executive power is a secondary subordinate branch of state power, which has a universal subject and organizing character, which is entrusted with organizational and managerial, executive and administrative
activities carried out by certain state bodies and officials who have the opportunity, if necessary, exercise independently,
organizational and other measures of coercion in the administrative order on the basis of and in pursuance of laws in order to ensure the daily (current) functioning of the state and its apparatus.
II.Functions executive authorities (state
administration)
The public administration can be considered both as a set of civil servants and as a system of state executive bodies. They (bodies, employees) carry out executive and administrative activities, the content of which is the direct, daily organization of the implementation of the internal and external functions of the state, the tasks facing it.
Administrative activity (management) is objectively necessary. In accordance with the law of the division of labor, it is divided into simpler, special types of organizational activities. They are usually called management functions (administrative activities).
Explaining the functional nature of the activities of the executive branch, we thus reveal her content.
Most often in the legal literature The function is understood in two senses:
1. The function is associated with the object of administrative influence (subject approach). Accordingly, the following functions of public administration are distinguished:
a) Ensuring the security of the individual, society, state:
Ensuring defense;
Security public order;
Implementation of intelligence and counterintelligence;
Ensuring the protection of the state border, etc.
b) Ensuring the development of the economy, the implementation of administrative and economic activities:
Industry leadership;
Transport management;
Management agriculture; "tax collection;
Promoting the development of entrepreneurship;
Antimonopoly activity, etc.
c) Ensuring the implementation of the social policy of the state:
Organization of education;
Health organization;
Organization of scientific research;
Organization social protection and etc.
d) Implementation of relations with other states, with international organizations(political, economic, cultural, scientific, sports, etc.).
2. A function is understood as one of common ways organization, administrative influence of the executive power on subordinate (instrumental approach). In the literature, such functions are most often referred to as general control functions.
General Functions- these are universal, typical ways of information interaction between subjects and objects of social management. These are stable, relatively independent, specialized types of administrative activity in general. Every common function is objectively necessary. They differ from each other in their immediate purpose, content, implementation procedures, information used.
General functions include: forecasting, planning, regulatory regulation, methodological guidance, work with personnel, accounting, control, etc. Organizing, exercising executive power means predicting, planning, controlling, etc. Each subject of administrative power exercises several or at least one function.
The functional division of labor is fixed structurally, that is, special links are created that are engaged in planning, accounting, control, etc. Organizational isolation is an important sign of a developed and significant function.
Because generic "pointless" functions are just scientific abstraction, and in real life, certain subjects affect specific objects in a special way, then the general functions in real life concretized, acquire specific features. So, there is not control in general, but financial, intradepartmental control, inspection, etc. Features of objects and subjects, their relationships, external environment seriously affect administrative functions, modify them, fill them with specific content, and determine the variety of forms of implementation.
Noting the specifics of each common function, its structural isolation, it must be emphasized that at the same time they are all parts of one whole. They are united by a single ultimate goal, a single informational nature, the organizational unity of the subject that implements them. Each part actively interacts with the whole, as well as with other parts. Administrative activity is an integral system, a complex of interrelated, interdependent functions.
should be distinguished three groups of common functions:
I. Orientation system:
Forecasting (anticipating changes in the development of events or processes based on available information);
Analysis (processing and comprehension of information carried out in order to study the control object, and subsequently provide it with the appropriate control impact);
Planning (determination of directions, goals, objectives and possible results of management activities);
Normative regulation (establishment of the legal regime of any activity and functioning of the relevant structures);
Methodological guide. P. Provide system:
Staffing;
Logistics;
Financial security;
Organizational and structural support (creation of organizations, their structural divisions, reorganization of the system, distribution, redistribution of powers, etc.);
Information Support;
Law Enforcement.
III. Operational system management:
Direct regulation of activities (in transport, this is done by dispatch services, in universities - by educational departments, in military units - by headquarters. They draw up schedules, schedules, make replacements, etc.);
Accounting (systematic collection of information);
Control (checking the actual state of affairs in order to identify and eliminate deviations in the implementation of laws, plans, programs and take action against violators of the established order);
Evaluation (of the whole work, individual employees; performance of specific tasks, etc.) and the application of measures of influence (encouragement, punishment, etc.).
Illuminating the functional nature of the activities of the executive branch, we revealed its content.
As mentioned above, the content of the activity can be revealed in two ways: through the enumeration of objects of influence (subject approach) and through enumeration of ways of influence (instrumental approach). When determining the competence of executive authorities (state and municipal), both approaches are used simultaneously. For example, the authorities for accounting and control are fixed and the objects of control and accounting are determined.
General functions are concretized (personified) in the functions of individual bodies, positions. This circumstance underlies the determination of the competence of structural units.
III. Organizational structure of the executive power
3.1. Linear and functional authority
Joint work presupposes unity, orderliness of actions. Harmony between individual works can only be achieved if they are subject to a single will.
Submission is the reverse side of power, they are inseparable. Where power is exercised, there is subordination. Powerful powers, the right to make binding decisions corresponds to the duty to obey someone else's will, to carry out commands. Real power exists only where there is real submission. Otherwise, it is formal, fictitious, declarative.
By volume differ two types of submission: linear (it is also called direct, organizational, administrative) and functional.
There are two basic principles for the division of administrative activity, its specialization - linear and functional. At implementation of the first, all objects are differentiated by certain features on the autonomous groups, and the guidance of each of them in in full or mainly carried out by a particular entity. As a result, there are systems based on the direct (organizational, administrative) subordination of objects to the subject, systems of the "boss - subordinate" type.
Linear power is characterized following:
1) this power is broad in scope, covering many functions of administrative activity;
2) it includes the right to direct control over people, resources, activities and, very often, disciplinary power;
3) it is associated with responsibility for the state of the subordinate object. There is usually only one line manager. For linear
systems are characterized by direct subordination; the subject of power has the right to adopt normative or individual acts, give assignments, resolve structural and personnel issues, dispose of material and other resources, directly manage activities, exercise disciplinary coercion, or has several of these powers.
Functional subordination most often means that the subject of power within the framework of a specific function has the right to exercise normative, methodological guidance, control, administrative coercion, or is vested with at least one of the named powers. There is a relation of the type "inspector - controlled".
Functional subordination consists in subordination for some part of the activity, within the framework of a certain function. The range of powers of the subjects of executive power in such cases is rather narrow. Their power is “positive”, associated with creative activity (the right to distribute, exercise methodological guidance, etc.) and jurisdictional, associated with violations (the right to suspend work, remove from office, impose penalties, etc.).
Functional power may be limited to departmental boundaries
(organization) or have an interdepartmental character.
Line guide always based on direct service subordination. It applies to subordinate structural units, linear systems are based on administrative subordination.
Functional guide carried out in relation to functionally subordinates in the absence of organizational subordination. Functional systems include non-structurally subordinate elements, organizing connections between them are less diverse and intense than in linear ones.
3.2. Organizational structure of public administration Under the structure understood structure and internal form organization of the system, acting as a unity of stable relationships between its elements 4 . It highlights two component - structure, a set of elements and a system of relations between them. Complex formations are characterized by polystructurality, they have many structures. And the executive power simultaneously has several structures: personnel, territorial, functional, organizational, etc.
The organizational structure is the division of the whole into organizationally separate units and a network of managerial relations in it. Organizational structure - a form of separation and cooperation of administrative activities. It is a form of consolidation of the division of labor in management, a stable scheme for the distribution of its tasks and functions. Therefore, it can also be considered as a structure of goals, functions of the administration, expressed in its differentiation into parts and in the system of organizational relations in it.
The structure of the apparatus is influenced by many objective and subjective factors. The most important among them is the content of the activity, that is, the complex of functions of administrative activity.
Functions, their nomenclature, volume, significance, interrelationship - this is what determines the structure of the apparatus in the first place. It is necessary to take into account the presence of a two-way connection between structure and function: a newly emerged function can be performed both by creating new structural units and by using the possibilities that previously existed. But a developed function requires structural isolation. On the other hand, the function does not change automatically following the change in the structure of the apparatus; the same function can be performed by different organs, employees.
Like any form, the structure reflects the result of the development of the content and, in turn, exerts an active influence on it. reverse action. The organizational structure determines the specialization and cooperation of administrative activities, its complexity, the correct distribution of the load between various parts. A rational structure makes it possible to solve cases with less time and effort and more skillfully, creates conditions for coordinated and clear work, and the formation of a good psychological climate.
Administrative structures have many features that can be used as criteria for their grouping.
Distinguish structures are simple And complex, hard And flexible, linear And functional, permanent And variables, typical And individual, formal And informal, established Andexperimental, centralized And decentralized etc. You can distinguish structures are stable And unstable, reliable And unreliable, bureaucratic And democratic, expensive And cheap etc.
Executive structures should be above all efficient (reliable, stable and capable of the necessary restructuring), democratic and as cheap as possible.
The public administration is a holistic entity, consisting of a large number of different parts. It can be divided into several main types structural units:
Office apparatus;
The apparatus of a departmental unit (for example, the Internal Troops of the Ministry of Internal Affairs);
Regional apparatus (regional, regional, etc. administration)
Executive body of state power;
Administration of the organization (institution, enterprise);
Structural subdivision of the body, administration (personnel department, etc.);
Position.
Each structural unit of the state administration apparatus, it is his self-governing, autonomous, institutionalized part, the existence of which is predetermined by a legal act; part that has its own competence.
The type of organizational structure of the system is determined by the type of power (subordination). If the system is based on linear power, then it has a linear structure. The use of functional power leads to the formation of functional structures. These are, for example, the criminal investigation services and other police services in the system of the Ministry of Internal Affairs.
Their regional, city, district subdivisions (departments, departments, departments) are linearly subordinate to the relevant internal affairs body and the functionally higher level of the departmental service. Next, we will consider individual types of structural units of executive power, since their detailed consideration was not the purpose of this course work.
3.3. Administrative department
under the administration should be understood a system of organizations organizationally subordinate to one executive authority. Along with the administrative ones, there are other state (for example, the prosecutor's office) and non-state (for example, the All-Russian Society of the Blind) departments. The peculiarity of the former is that they are led by executive bodies, their governing subsystems - component executive branch.
Signs of an administrative department:
1) each department has certain, normatively fixed goals. They are established by higher state authorities. Fulfillment of the assigned task (to protect,
provide services, etc.) - this is the main production task of departments. But, in addition, in Russia, the department also carries out such general tasks as the rational use of all allocated and natural resources, improving internal social ties, meeting the needs of their employees. In other words, each department simultaneously performs three tasks:
Special production;
Economic and environmental;
Social.
In accordance with them, the functions are formulated and regulated
relevant government organizations.
2) the administrative department is a clearly isolated complex system, consisting of independent organizations subordinate to one of them, which is hers. center, governing body.
3) each department is built hierarchically, has a linear structure, lower organizations are organizationally (administratively) subordinate to higher ones, and the latter are responsible for their activities.
4) the department is an economic and legal community. He owns certain property, which consists of the property of organizations and centralized funds (reserves) belonging to the system as a whole.
The department is the addressee of many normative and other acts. Within it act the acts of the governing body of the system. The administrative department is monocentric, it has a single subject of power that acts on its behalf outside the system, manages its funds and reserves, and carries out significant intraorganizational activities.
Within the system, certain information is created and used, a specific organization of workflow is formed,
relationship between its components. Intradepartmental relations are active and stable.
Each department has its own name. Being a complex self-governing system, it usually consists of three groups of elements:
Organizations directly performing its main production task;
Organizations serving its internal needs;
executive authorities.
It can be said differently: each department includes from three blocks:
production;
serving;
Administrative.
In the latter, it is necessary to distinguish between levels (links) of management. Their minimum number is two: the center and the administration of a departmental organization (hospitals, universities, etc.). If necessary, one, two or even more intermediate links are created. With one intermediate link, the departmental administration becomes three-level, with two - four-level, etc. For example, the system of the Ministry of Defense has four administrative links: the Ministry, the command of the military district, the command of the formation, the command of the military unit.
The grouping of administrative departments can be made according to many features that are of interest to the science of administrative law. First of all, economic, socio-cultural and administrative-political ones stand out among them. in legislation and scientific papers distinguish between the systems of ministries, state committees, federal agencies, services, supervision.
By scope of authority they are sectoral, functional and mixed. In sectoral organizational activities of subjects of power are closed within the framework of the department, their main task is to directly meet the needs of society in services (for example, the Ministry of Education of the Russian Federation). For functional departments (for example, the State Sanitary and Epidemiological Supervision), the main thing is external organizational activity, managerial influence on other departments that are not linearly subordinate objects. In some departments, the release and processing of certain products, the provision of services and external managerial influence on the systems of other departments are simultaneously carried out. For example, Goskomvuz linearly manages subordinate universities and functionally pedagogical, agricultural, medical and other higher educational institutions that are linearly subordinate to other departments.
3.4. Administrative jurisdiction
The state apparatus as a whole consists of a large number of bodies, their structural subdivisions, millions of employees. Very many of these structural units of the apparatus are endowed with powers of authority. At the same time, as a rule, it is clearly defined to whom such powers apply, what organizations, material resources, affairs, actions they are in charge of. Jurisdiction is the definition of objects that are subject to the power of subjects - holders of power. medical school, for example, it is subordinate to the Ministry of Health of the Russian Federation, a dispute about the legality of dismissal - to the court, the library of the institute - to the administration, etc. Usually, jurisdiction is fixed by legal norms that are included in various legal acts, ranging from the Constitution of the Russian Federation to job descriptions.
Definition jurisdiction can be understood as means of distribution of labor for the implementation of state and municipal affairs. Its clear distribution allows avoiding duplication in the activities of different bodies and employees.
Rules of jurisdiction are important for all branches of government. Therefore, the legislation on criminal and civil proceedings clearly regulates the jurisdiction, jurisdiction, jurisdiction of court cases. Constitutional norms distribute competence between the Russian Federation and its constituent entities, determine the jurisdiction of the customs business, etc.
But especially important administrative jurisdiction - distribution of objects, cases, which are in charge of the structural units of the executive power. The apparatus of executive power is extremely large, it consists of a very large number of departments, bodies, employees, and in its direct jurisdiction is a huge number of organizations, material resources, information systems, human destinies.
The analysis of legislation allows us to highlight six levels of jurisdiction.
Firstly, state jurisdiction - legislative solution of questions about which state authorities have the right to decide cases (on crimes, on recovery of damages, alimony, if the parties live in different countries, on the expulsion of a foreign citizen, etc.). At this level, three types of jurisdiction can be distinguished: 1) between the federal center and the subjects of the federation; 2) between sovereign states; 3) between state and international bodies.
Secondly, tribal jurisdiction - distribution of powers between different types of state power: judicial jurisdiction, administrative jurisdiction,
the jurisdiction of representative bodies, as well as bodies that are not included in the three named types of power: the presidency, the Central Bank, the Central Election Commission, the prosecutor's office.
Thirdly, species jurisdiction. The rules of specific jurisdiction determine which type of bodies is in charge of affairs (bodies of a certain department, administrative commissions, district, city, commissions for minors). An example of the rules of this type of jurisdiction can be chapter 23 of the Code of the Russian Federation on administrative offenses, the norms of which fix the jurisdiction of the consideration of cases of administrative offenses.
Fourth, territorial jurisdiction, the rules of which establish which of the bodies of this type is in charge of affairs (at the place of residence, commission, discovery, location). Territorial jurisdiction is enshrined, for example, in Article 29.5 of the Russian Federation on administrative offenses "Place of consideration of a case on an administrative offense."
Fifth, in some cases, based on the importance of the case, the legislator establishes rules hierarchical jurisdiction, i.e., entrusts cases to a higher authority or grants it the right to take cases from lower authorities and accept them for its production (for example, a higher department of internal affairs, a customs authority has the right to accept a case subordinate to a lower one for its production).
Sixth, there is also official administrative jurisdiction, i.e., in other words, different officials can be in charge (control, decide, etc.) within the body. As an example, articles 23.27, 23.54 of the RF Code of Administrative Offenses can be mentioned.
When deciding on the jurisdiction of specific objects, cases, actions, one should strictly consistently use the rules for determining jurisdiction at the first, second, etc. level.
It should also be borne in mind that jurisdiction can be unambiguous (mandatory) and alternative (for example, in Article 29.5 of the Code of Administrative Offenses of the Russian Federation). It can be a general, established general rule, and a special, fixed special rule containing an exception to the general rule.
IV. Principles of activity of the executive power
Executive authorities in their activities to fulfill the tasks and functions assigned to them are guided by a number of principles. They are general provisions, ideas, fundamental requirements that characterize the essence of management activity, its purpose. The most important of them are enshrined in legislation.
principle of democracy, enshrined in Art. 3 of the Constitution, means that the people are the only source of power, they exercise their power directly, as well as through state authorities, one of the branches of which is the executive branch. Control over the activities of the executive authorities should be strengthened both by the legislative and judicial authorities, and directly by the people and their non-governmental organizations. In this case, it is necessary to use various forms control over the work of the administrative apparatus and officials in order to decisively eradicate manifestations of corruption, bureaucracy, and irresponsibility. To do this, a procedure should be established for regular reports of officials of executive authorities to legislative (representative) bodies, labor collectives, the population, and the greatest possible openness of their work.
Principle of the rule of law(Art. 4, 15 of the Constitution) involves the formation of a subordinate legal system of the state in accordance with the legal force of certain regulatory legal acts. The supreme law of the state, the Constitution of Russia, has the highest legal force, which must comply with all other regulatory legal acts and acts of the application of law. However, there is still no comprehensive legal act - a law that establishes the subordination of normative acts, determines the rules for their application, entry into legal force and action.
In conditions when a broad legal (and judicial) reform has begun in the country, designed to ensure the rule and triumph of the law in all spheres of society and the state, it is extremely important to develop a mechanism for maintaining law and order. It is unacceptable for the subjects of the Federation to give priority to their regulatory legal acts and not acts of the Russian state. Administrative legislation, being jointly administered by the Federation and its subjects, does not give the latter the right to adopt their own regulations that contradict federal laws.
When characterizing the principle of the rule of law, the problem of the correlation of norms arises. international law and national (domestic) legislation. The Constitution (Article 15) for the first time established a general rule providing for the priority of international treaties - of course, those to which the Russian Federation is a party - over the provisions of its domestic legislation. This means, firstly, that if international treaty contain provisions other than those contained in national law, then the provisions of the Treaty shall apply. Secondly, the generally recognized principles of international law and Russia's international treaties have a direct, immediate effect on Russian territory. With the adoption of the Constitution of 1993, state authorities and all officials are obliged to be guided by the provisions of international treaties to which Russia is a party.
The principle of separation and mutual restraint of powers, enshrined in Art. 10 and I of the Constitution, expresses the existence and independence of the three branches of state power - legislative, executive and judicial. If before the adoption of the 1993 Constitution, the relationship between the Government as an executive body and Parliament as a legislative body was characterized by the complete dependence of the former on the latter, then with a real separation of powers, such a state of affairs is unacceptable. Each branch of state power must exercise its functions within the established limits. Excessive attention of the Federal Assembly - the Russian parliament to issues within the competence of the Government, has a negative impact on both lawmaking and the implementation of laws. At the same time, these two branches of state power must strictly comply with court decisions, which is especially important in the areas of federal relations and the interpretation of the country's Constitution.
The Constitution provides for mechanisms aimed at mutual restraint of the authorities. Many coordination functions in the state mechanism are performed by the President. As the head of state, the President has leverage not only on the executive, but also on the legislative and judicial branches of government. The President, who is, as it were, above the Federal Assembly and the Government of Russia, must create counterbalances for them, ensuring their coordinated functioning, and also help to increase their authority.
The principle of delimitation of powers of federal and regional bodies, enshrined in Art. 11, 78 of the Constitution, is manifested in the fact that the competence of the executive authorities and the relationship between them are determined not at their own discretion (although the “measure of freedom” here is quite large), but on the basis of normative legal acts. At the same time, naturally, the acts of the executive authorities of the constituent entities of the Federation should not contradict the acts of the federal executive authorities. In exercising their powers, federal executive bodies have the right to create their own territorial structures and appoint appropriate officials. Federal bodies, by agreement with the executive authorities of the constituent entities of the Federation, may delegate to them the exercise of part of their powers, unless this contradicts the Constitution of Russia and federal laws. In turn, the executive authorities of the constituent entities of the Federation, by agreement with the federal authorities, may delegate to them the exercise of part of their powers.
The principle of legality(Article 15 of the Constitution) means that public authorities, including the executive, local governments, officials, citizens and their associations are obliged to comply with the Constitution, laws and by-laws. Anarchy and lack of control in many areas is primarily the result of non-compliance with the principle of legality and legal nihilism. That is why, in the activities of the highest bodies of state power in Russia, more attention has been paid to strengthening the rule of law, the rule of law, observance of discipline and the formation of proper legal awareness. One of the foundations for maintaining law and order is the requirement of personal (personal) responsibility of each official, civil servant and citizen for violation of laws. The freedom of speech is extremely important here, which is realized, of course, on the basis of the relevant constitutional and other legislative norms. Compliance with the rule of law is the main condition for the effectiveness and efficiency of the activities of executive authorities. Abuse of power, official position and commission by officials and civil servants of unlawful actions entail liability established by law for the perpetrators.
The principle of publicity implies openness of legislation, accessibility and accountability of state institutions and officials. Article 15 of the Constitution establishes that laws are subject to official publication; unpublished laws do not apply. Any normative legal acts affecting the rights, freedoms and duties of a person and a citizen cannot be applied if they are not officially published for general information. Without expanding publicity, accounting public opinion, openness and accessibility for control, there can be no real accountability of civil servants working in the executive authorities. Everything that is done in the center and locally must be under the control of society, in full view of it. Not a single employee of the executive authority can remain without criticism. And here it is difficult to overestimate the role of freedom of speech and civil activity of the population.
Information constituting state and other legally protected secrets, as well as obtained in the course of official activity information affecting the honor and dignity of citizens, with the exception of cases provided for by law.
The principle of priority and guarantee of individual rights is new to Russian legislation and administrative practice. The rule of law, which is supposed to be created in Russia, is characterized by the fact that the rights of the individual are recognized as the highest value, and all state bodies, including executive authorities, are responsible to citizens. The rights of citizens must be reliably protected from any arbitrariness of state bodies, officials and representatives of power.
The proclamation of a person, his rights and freedoms as the highest value, the recognition as the main duty of the Russian state the observance and protection of the rights and freedoms of man and citizen (Article 2 of the Constitution) predetermine the need to improve legislation, bring it into line with generally accepted principles and norms of international law, international standards, as well as the development and adoption of new normative acts, especially those directly provided for by the Constitution or arising from the content of its norms.
Article 5 of the Constitution enshrines federal principle states. This implies a consistent disclosure in the current federal legislation of the essence of the unity of the foundations of the state system, the equality of the subjects of the Federation, the supremacy of the federal law, the territorial integrity of the state with complete freedom of movement of people, information, goods, money and services. The equal rights of the subjects of the Federation proclaimed by the Constitution presuppose the provision of equal opportunities for them to exercise the rights of peoples and each individual. This depends not only on the subjects of the Federation themselves, but also on the organization of power in a single federal state. As for the model of federalism enshrined in the Constitution, it is due not only to the multinational composition of Russia, but also to the compact residence different peoples in this area for many centuries. The conclusion of the Federal Treaty served to strengthen the Russian state. The 1993 Constitution fully incorporated the Treaty into its text. Therefore, Russia - constitutional federation, and the right to withdraw from it can be obtained only with the all-Russian consent, revealed by a referendum. Bilateral treaties between the Federation and its constituent entities, including the republics, are documents on the delimitation of powers, and nothing more.
The system of executive authorities is characterized by principle of centralization that is, the subordination of lower bodies to higher ones. It follows from the unity of this system, when the scope of powers of each executive body is clearly outlined by law. Outside the jurisdiction of the Russian Federation and its powers in matters of joint jurisdiction of the Federation and the subjects of the Federation, the latter have the full power of state power (Article 73 of the Constitution). The principle of centralization is of great creative importance, because in such a multinational state as Russia, the system of executive authorities, enshrined in the Constitution, laws and decrees of the President, is the most important guarantee against the centrifugal aspirations of some local "elites".
At the same time, in some cases, the legislation provides combination of centralization and decentralization, which is organizationally provided by a system of dual subordination of control objects, that is, subordination vertically and horizontally. Horizontal subordination allows the relevant executive authorities to take into account local (regional) conditions and features in the implementation of their activities.
Has not lost its meaning, although it has become less accentuated, planning principle in the activities of executive authorities, which was the most important during the existence of the USSR. In the context of the transition to a market economy, the sphere of planning is expressed in the development of programs for the development of industries and sectors of the national economy, forecasting the course economic reform, calculations most effective use labor, material and financial resources, determining the goals and objectives of the activities of various executive authorities, establishing a state order for the most significant products, providing concessional loans under a single pan - in general, management actions are planned for the most priority consolidated positions.
The organization and functioning of executive authorities is characterized by principle of differentiation (separation) and fixation functions and powers of each of these bodies and their officials, which is extremely important for correct selection and placement of civil servants in accordance with their professional training and work experience.
The principles of organization and activities of executive authorities can also include some other principles in particular scientific character, responsibility, taking into account national peculiarities.
Among the organizational principles in many governing bodies are the principles of unity of command, combinations of collegiality with unity of command with the supremacy of collegiality, combinations of intersectoral, sectoral and territorial principles in management, and some others.
Conclusion
The provisions and research set out in the course work allow us to draw the following brief conclusions in conclusion:
1. executive power- a secondary subordinate branch of state power, which has a universal subject and
organizational nature, which is entrusted with organizational and managerial, executive and administrative activities carried out by certain state bodies and officials who have the opportunity, if necessary, to independently implement physical, organizational and other administrative coercive measures on the basis of and in pursuance of laws in order to ensuring the daily (current) functioning of the state and its apparatus.
2. Executive Goals are:
1) ensuring the security of citizens, society, the state
creation of conditions conducive to the well-being of citizens, society, the state, the development of the country's economy;
3) creation of conditions for the realization by citizens and organizations of their rights and freedoms, for the free political, economic, social, spiritual life of people.
3. Signs of executive power as an independent branch of power:
Secondary, dependence on higher power;
The organizing nature of the activity;
Systematically, constantly carried out organization;
Universal organizational activity;
Subject, direct nature of organizational activity;
Executive-administrative nature of the activity;
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1. Executive power (concept, signs, correlation with public administration).The unified state power is divided into three branches. All these authorities are independent, but they are independent only within the limits of those functions and powers with which these branches of power are endowed. Rather, it would be necessary to talk about relative independence, because. "they grow from a single tree of state power." These branches of government are interconnected. Legislature actively influences the executive branch, in turn, the executive branch interacts with the legislative branch. The judiciary actively influences the executive, canceling in appropriate cases regulations. Thus, the conclusion is that there can be no absolute independence of the branches of power, and these authorities actively interact without replacing each other.
The executive power has its own subjective expression, i.e. for the implementation of this executive power, the state forms special bodies of executive power.
These bodies are endowed with legally authoritative powers, because they express the state-legal interest. If there is no authority, then the bodies would not be able to manage various spheres of human life and society.
Executive activity is a subordinate activity, i.e. they act in the execution of the law, put them into practice.
Executive power is a political and legal category. It is necessary that the executive power be organized, a form is needed. And state power is an organizational and legal category. State. power is a broader concept than executive power. It is within the framework of the state power that the executive power functions.
Executive Power:
1) is a relatively independent branch (type, variety) of the unified state power of the Russian Federation, closely interacting with its legislative and judicial branches. The separation of powers cannot be made absolute by bringing matters to the point of recognizing the complete independence of each branch. They are all interconnected;
2) independent, but only in the functional-competent sense. Its functions are related to the practical implementation of laws on a national scale (execution), for which a certain part of state powers is used. Another part of such powers falls to the legislative and judicial authorities. Consequently, the executive power can be characterized as a subsystem within the system of unified state power or its mechanism;
3) an indispensable attribute of the state power mechanism, built on the basis of the separation of powers. It always exists alongside the legislative and judicial powers. Where there are no three branches of state power, the executive power in its state-legal (constitutional) meaning does not function. For example, it does not exist at the level of individual state enterprises and institutions, non-state formations;
4) like any other manifestation of power, there is the ability and opportunity to exert a decisive influence on activity, behavior; the right and opportunity to bend others to your will. Its distinguishing feature is that power is exercised in relation to various (collective or individual) elements of a state-organized society, i.e. on a national scale and as a specific state function law enforcement (law enforcement) nature;
5) being a branch of the unified state power, cannot be identified with the species state activities. The appropriate type of such activity is not the power itself, but only the form of its practical implementation. Therefore, executive power is not identical with executive activity. Power is the essential expression of such activity, its functional orientation and competence certainty, i.e. base character category. Because of this, the executive power is not identical to public administration, which has always been characterized as a certain type of state power activity;
6) is expressed in special form state activities and is inherently law enforcement. This is its fundamental quality and purpose. The executive power is characterized mainly by law enforcement of a positive nature, i.e. direct implementation of the requirements of the law, primarily for the purpose of organizing normal and effective work all objects of the economy, culture, etc., under its influence;
7) has a certain subjective expression. This means that it is personified in the activities of special subjects endowed with executive competence. This is one of the indispensable requirements of the separation of powers. Accordingly, the executive power is represented in the state-power mechanism by the executive power bodies. Naturally, they cannot be either legislative or judicial bodies of state power.
Consequently, the executive power acquires dynamic qualities through the activities of such state bodies, which can be characterized as subjects of the executive power.
At the same time, having a subjective expression, the executive power cannot be understood as a system of public authorities called upon to carry out executive activities. From Art. 77 of the Constitution of the Russian Federation does not at all lead to the conclusion that a single system of executive authorities is the executive power itself. It finds its expression in their practical activity;
8) is characterized by the fact that all the most essential attributes of state power are at the direct disposal of its subjects: finance, the most important means of communication, the army and other military formations (for example, internal troops), the police, internal and external security services, penitentiary institutions, etc. ;
9) in the process of implementation acts as an organized institution. This is natural, since an organization is nothing but internal order, consistency of interaction with respect to independent parts of the whole (for example, subjects of management, managed, etc.), i.e. that is the essence of management. Organization means that, firstly, the entire mechanism of executive power practically organizes the execution of laws; secondly, this mechanism must itself be organized in the necessary way. The organization, therefore, ensures the orderliness of managerial work.
The above provisions provide the necessary basis for resolving the issue of the relationship between executive power and state administration.
Single basis execution. It equally characterizes both executive-administrative activity (that is, public administration in its "old" sense) and activities for the implementation of executive power. At the same time, it should be taken into account that the executive power is largely a political and legal category, while state administration is organizational and legal.
It should be borne in mind that the concept of "public administration" is broader than the concept of "executive power". The latter, in a certain sense, is derived from state administration. It is designed to determine the scope and nature of state power, implemented in the process of public administration. At the same time, public administration is the type of activity that is aimed at practical implementation executive power. The latter, in essence, constitutes the content of public administration activities, expressing primarily its functional (executive) orientation.
Accordingly, all subjects of executive power are simultaneously links in the public administration system. However, not all such links can be subjects of executive power in its constitutional sense. Otherwise, it will be necessary to recognize as such, for example, the administration state organization or a concern, etc., such links of the public administration system that are outside the scope of the principle of separation of powers.
^ 2.Legal basis public service.
In the Russian Federation, there is no legal act that would regulate the whole range of basic issues of public service. It is carried out in accordance with the Constitution of the Russian Federation and the constitutions of the republics, charters of the subjects of the Russian Federation, other legal acts of the Russian Federation and its subjects. These include the Law on the Fundamentals of Public Service, Labor Code RF.
Special legal acts and norms govern many issues of public service in paramilitary and law enforcement agencies, as well as in agencies whose employees, due to official duties, come into contact with the population, activities various enterprises, institutions and organizations, carry out special, control and supervisory functions (transport, communications, various inspections, etc.). For example, the laws of the Russian Federation of March 28, 1998 "On military duty and military service"1, of January 22, 1993 "On the status of military personnel"2, of June 24, 1993 "On federal tax police bodies"3; Regulations on service in the tax police of the Russian Federation, approved by a resolution of the Supreme Council of the Russian Federation of May 20, 19934, Regulations on service in the internal affairs bodies of the Russian Federation, approved by a resolution of the Supreme Council of the Russian Federation of December 23, 19925, etc.6 various legal acts provide for the specifics of public service in customs, tax and other state bodies.
The attitude of the constitutions and statutes of the respective subjects of the Russian Federation to the issues of their public service is variegated. From this point of view, constitutions and statutes can be grouped, which:
a) contain separate chapters devoted to the public service of a given subject of the Russian Federation. For example, the charters of the Lipetsk, Kurgan, Sverdlovsk regions. The Charter of the Sverdlovsk Region is unique in this regard. It regulates in sufficient detail the issues relating to the concept and organization of the public service; concepts of a civil servant of the region, responsibility and restriction of the rights of civil servants, guarantees for the exercise of their rights;
b) refer the civil service of the constituent entity of the Russian Federation to its jurisdiction (see, for example, paragraph "o" of Article 37 of the Charter of the Stavropol Territory, paragraph "l" of Article 5 of the Charter of the Irkutsk Region)1;
c) they are limited to assigning to the jurisdiction of this constituent entity of the Russian Federation the establishment of its awards and honorary titles and other incentives (see, for example, paragraph 19 of article 81 of the Constitution of the Republic of Dagestan, paragraph "k" of article 22 of the Charter of the Orenburg region). Often there is no direct indication of this, but such authority stems from the competence of certain bodies and senior officials (heads) of the constituent entities of the Russian Federation.
But the constitutions and charters of the constituent entities of the Russian Federation are not the only acts containing norms on public service issues. Subjects have the right to regulate them with the help of other legal acts. Many subjects have already adopted laws on civil service.
The system of legal acts on the civil service includes charters and regulations on discipline that are in force in a number of branches and areas of state activity; regulations on specific bodies and their subdivisions, containing rules on the status of certain of their officials; job descriptions and etc.
As a rule, special legal acts relating to public service issues apply to certain categories of civil servants.
^ 3. Administrative suspension of activities as an administrative penalty.
Administrative suspension of activities consists in the temporary cessation of activities of persons engaged in entrepreneurial activity without education legal entity, legal entities and their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation certain types activities (works), provision of services. Administrative suspension of activities is applied in case of a threat to human life and health, an epidemic, an epizootic, infection (contamination) of regulated facilities, quarantine facilities, a radiation accident or a man-made disaster, causing significant damage to the condition or quality environment or in case of committing an administrative offense in the field of trafficking in narcotic drugs, psychotropic substances and their precursors, in the field of combating the legalization (laundering) of proceeds from crime (imposed by a judge).
Article 3.12. Administrative suspension of activities
(introduced by Federal Law No. 45-FZ of May 9, 2005)
1. Administrative suspension of activity consists in temporary suspension of activities persons engaged in entrepreneurial activities without forming a legal entity, legal entities, their branches, representative offices, structural divisions, production sites, as well as the operation of units, facilities, buildings or structures, the implementation of certain types of activities (works), the provision of services. Administrative suspension of activities is applied in the event of a threat to human life or health, the occurrence of an epidemic, epizootic, infection (contamination) of quarantine facilities with quarantine objects, the onset of a radiation accident or a man-made disaster, causing significant damage to the state or quality of the environment, or in the event of an administrative offense in the field of turnover narcotic drugs, psychotropic substances and their precursors, in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism, in the field established in accordance with federal law in relation to foreign citizens, stateless persons and foreign organizations of restrictions on the implementation of certain types of activities, in the field of rules for attracting foreign citizens and stateless persons to labor activity carried out at retail facilities (including shopping malls), in the field of management order, in the field of public order and public safety, as well as in the field of urban planning.
Administrative suspension of activities is appointed judge only in cases provided for in the articles of the Special Part of this Code, if a less strict form administrative punishment will not be able to achieve the goal of administrative punishment.
2. Administrative suspension of activities is established for a period up to ninety days.
3. The judge, on the basis of a petition of a person carrying out entrepreneurial activities without forming a legal entity, or a legal entity, terminates ahead of schedule the execution of an administrative penalty in the form of an administrative suspension of activities, if it is established that the circumstances specified in Part 1 of this Article, which served as the basis for imposing this administrative punishment.
^ 4. The subject of administrative law.
Public relations in the sphere of public administration, as well as managerial relations arising in other spheres of the life of society, constitute the subject of administrative law.
Types of managerial relations regulated by the norms of administrative law:
Subjectively:
Between subordinate subjects of public administration (vertical relations);
Between the subjects of executive power that are not in a state of subordination (horizontal relations);
Between the subjects of executive power and executive bodies local government;
Between the subjects of executive power and public associations;
Between the subjects of executive power and civil servants;
Between the subjects of executive power and citizens;
Between the subjects of executive power and other subjects. On the basis of the state territorial structure:
Between the central bodies of the federal executive power and the executive bodies of the constituent entities of the Federation;
Between the executive authorities of the subjects of the Federation;
Between the executive authorities of the subjects of the Federation and the executive bodies of local self-government.
Depending on the direction of impact:
External relations, relations in connection with the exercise of the powers of executive authorities outside;
Internal relations, i.e., intra-organizational, intra-system relations.
The subject of administrative law is dynamic. Separate relations, such as customs, partly in the field of local government, are currently the subject of legal regulation customs, municipal law, which is due to the formation of new industries Russian law. Some relationship groups this stage constitute the subject of administrative law, which was the result of the systematization of the norms establishing administrative responsibility in the Code of Administrative Offenses.
20. Executive power: concept, essence and structure.
carries out managerial and administrative activities; Administrative activity is the activity of issuing by-laws and their implementation.
subjects of executive power are authorities that act on behalf of the state and on their own behalf.
executive power (i.e. the ability and ability to have a decisive influence on behavior, the right and ability to subjugate others) is realized not by itself, but in relations with various individual and collective elements of a state-organizational society on a national scale and as a specific state enforcement functions.
Executive power is exercised in the process of state-administrative activity, i.e. out of court.
The most essential attributes of state power, such as finances, the most important means of communication, the army and other military formations, the police, internal and external security services, etc., are directly under the control and disposal of the subjects implementing it.
As for the President, according to Art. 80 of the Constitution of the Russian Federation, he is the head of state and does not head, as it was before, the system of executive authorities. The President of the Russian Federation coordinates and coordinates the activities of all branches and structures of state power; at the same time, he has broad powers and can actively influence the formation and activities of executive authorities.
21. Correlation between executive power and state administration.
Public administration is one of the activities of state bodies of the Russian Federation in the exercise of state power, the exercise of state power.
According to Art. 10 and 11 of the Constitution of the Russian Federation, state power in the Russian Federation is exercised on the basis of the principle of separation of powers - into legislative, executive and judicial, as well as the delimitation of jurisdiction and powers between the Federation and its subjects.
The powers and possibilities for exercising executive power are vested in the Government, federal ministries, state committees, federal services and other federal executive authorities, their territorial authorities, executive authorities of the constituent entities of the Federation and a number of certain officials.
The activities of these bodies for the management of economic, socio-cultural and administrative-political construction were previously called state administration. After the division of state power into three branches - legislative, executive and judicial - was legally fixed, the term "executive power" began to be used instead of the term "public administration". At the same time, in the legislation, federal executive authorities and executive authorities of the constituent entities of the Federation are often referred to as bodies exercising state administration. Although these concepts are very close, since the executive power is implemented in the form of public administration, however, it should be borne in mind that the concept of "public administration" is wider than the concept of "executive power", because some managerial functions are performed by other public authorities along with their main functions. Thus, the judicial authorities, along with the administration of justice - their main function - simultaneously exercise control over the legality of acts of executive authorities and internal management, expressed in the management of the activities of the courts and other judicial employees, when considering specific cases.
Characteristic features of the executive branch:
the executive branch is autonomous and independent;
The executive power is a relatively independent branch (kind, variety) of the unified state power, closely interacting with its legislative and judicial branches.
The executive power is independent in the functional-competent sense. Its functions are directly determined by its name: the practical implementation of laws on a nationwide scale, for which a certain part of state power is used.
is law enforcement (organizes the implementation of the requirements of the law) in its essence;
carries out managerial and administrative activities;
Administrative activity is the activity of issuing by-laws and their implementation.
subjects of executive power are authorities that act on behalf of the state and on their own behalf. However, the executive power itself, like the state administration itself, is not a system of relevant state bodies, but the activities carried out by them of a certain functional orientation, within the framework of which administratively regulated social relations arise.
executive power (i.e. the ability and ability to have a decisive influence on behavior, the right and ability to subjugate others) is realized not by itself, but in relations with various individual and collective elements of a state-organizational society on a national scale and as a specific state enforcement functions. This quality equally characterized public administration, because it also functionally acted as a means of execution, being realized in administrative relations regulated by administrative law.
So, executive power is a political and legal category, and public administration is an organizational and legal category. Accordingly, public administration is a reality, without which the state-power mechanism practically cannot work. According to its purpose, public administration is nothing more than a state activity, within the framework of which the executive power is practically implemented.
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