58. Government of the Russian Federation as an executive power According to Ch. 6 of the Constitution of the Russian Federation, the executive power of the Russian Federation is exercised by the Government of the Russian Federation. The activities of the Government of the Russian Federation, its main functions and its composition are regulated by the Constitution of the Russian Federation and the Federal

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Entrepreneurial activity.

Entrepreneurial activity - this is a certain way of managing at your own peril and risk in order to make a profit.

Entrepreneur - the main character and core of any economic system.

Entrepreneurial activity can be carried out not only by citizens, but also by legal entities.

Entrepreneurial activity can be divided according to the circle of its subjects into: individual and collective entrepreneurship of citizens; entrepreneurial activity legal entities.

A citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur.

The state supports the entrepreneurial activity of citizens, creating appropriate conditions for its development.

Individual labor activity, cooperative, private enterprise - all this various forms entrepreneurship, requiring knowledge of the business, organizational skills, courage, enterprise, master's mind.

Legislative, executive and judicial authorities in the Russian Federation.

Legislature-parliament. Parliament is busy making laws. It is this power that should ensure that the rule of law is ensured in the country. The parliament is the legislative and representative body of the Russian Federation. Federal Assembly:

Consists of two chambers - the Federation Council and the State Duma

It is a permanent body

Federation Council and State Duma sit separately

Sessions of the chambers are open (in some cases closed sessions are held)

The Chambers may hold joint meetings to hear messages from the President, the Constitutional Court of the Russian Federation, and speeches by heads of foreign states

Members of the Federation Council and deputies of the State. Dumas have immunity during their term of office (they cannot be detained, arrested, searched, except in cases of detention at the scene of a crime)

The Federation Council includes 2 representatives from each constituent entity of the Russian Federation: one from the representative and executive bodies state the power of the subject. State. The Duma consists of 450 deputies and is elected for a term of 4 years according to a mixed - majoritarian-proportional system (225 and 225).

The jurisdiction of the Federation Council is:

Approval of federal laws adopted by the State Duma

Boundary Change Approval

Approval of some of the most important decrees of the President of the Russian Federation (for example, on the introduction of a state of emergency

Appointment of elections of the President of the Russian Federation

Appointment to the position of judges of the Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation

Appointment and dismissal of the Prosecutor General of the Russian Federation

Removal of the President from office

The jurisdiction of the State Duma is:

Passage of federal laws

Giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation

Resolving the issue of confidence in the Government of the Russian Federation

Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation

Appointment and dismissal of the Commissioner for Human Rights

Amnesty announcement

Bringing charges against the President of the Russian Federation to remove him from office.

executive power appointed. The task is to implement the decisions adopted by the Parliament.

The executive branch of the Russian Federation is exercised Government of the Russian Federation.

The government of the Russian Federation consists of:

Prime Minister of the Russian Federation

Deputy Prime Ministers of the Russian Federation

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.

Powers of the Government of the Russian Federation:

Develops and presents the State. Duma for approval of the federal state budget

Ensures the execution of state budget after its approval by the State. Duma

Ensures the implementation of a unified financial, credit and monetary policy in the Russian Federation

Provides a unified policy in the field of culture, science, education, health, social security, ecology

Manages federal property

Carries out measures to ensure the defense of the country, the implementation of the foreign policy of the Russian Federation

Carries out measures to ensure the rule of law, the rights and freedoms of citizens

Arranges for the protection of property and public order

In its activities, it is guided by the Constitution of the Russian Federation and federal laws.

Issues resolutions and orders binding in the Russian Federation, ensures their execution

Has the right to resign (the resignation is accepted or rejected by the President of the Russian Federation)

In the event of resignation or resignation, it remains in effect until the formation of a new Government of the Russian Federation.

Judicial branch. The court is a body for the protection of the law.

The judiciary includes:

Constitutional Court of the Russian Federation

Supreme Court of the Russian Federation

Supreme Arbitration Court of the Russian Federation

The system of courts of general jurisdiction (republican, regional, territorial, district, city)

Arbitration court system

Constitutional Court of the Russian Federation consists of 19 judges who are appointed by the Federation Council on the proposal of the President. The Constitutional Court resolves cases:

On compliance with federal laws, regulations, etc. Constitution of the Russian Federation

International treaties that have not entered into force

Disputes between federal authorities

Disputes about competence between federal and regional state bodies. authorities

Disputes between the highest state. authorities of subjects

Checks the constitutionality of laws

Gives an interpretation of the Constitution of the Russian Federation

Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction (civil and military). It oversees the judicial activities of all courts of general jurisdiction. Explanations by V.S. binding on these courts. Checks the legality and validity of sentences and decisions of subordinate courts. Court of General Jurisdiction deals with the resolution of civil, administrative and criminal cases. Special Courts resolve disputes involving specific participants: the military, minors, employees and employers, etc.

Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts. Arbitration courts consider property and related non-property disputes of legal entities, i.e. enterprises, organizations, institutions, etc.

2.2 Powers of the Government of the Russian Federation to exercise executive power 14

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INTRODUCTION

Administrative law, along with constitutional and civil law, is one of the main branches of the Russian legal system. This is primarily due to the fact that administrative law is precisely the branch of law that regulates social relations arising in the process of implementing executive power, which is one of the branches of the unified state power of the Russian Federation in the system of its division into legislative, executive and judicial ( article 10 of the Constitution of the Russian Federation). This leads to the following conclusion: in order to understand the essence of administrative law and the features of administrative and legal regulation, it is necessary first of all to find out what the executive power itself is. After all, it is, in my opinion, a kind of foundation for this branch of Russian law.

The relevance of the research topic is largely due to the fact that the executive branch occupies a dominant position in the system of state power.

The literature provides an estimate according to which 85 percent of state power in Russia belongs to the executive "branch of power", and the parliament, courts, prosecutor's office, and other bodies in the aggregate - about 15 percent. one

Overwhelming majority government agencies are executive. By nature, the executive power is inextricably linked with the process of day-to-day management of the country, which predetermines the specific and dynamic nature of its activities, which require appropriate regulatory framework in the form of numerous by-laws issued within its competence. The efficiency of the functioning of the executive power is possible only if a stable, centralized, rigidly hierarchical vertical is created, which makes it possible to accurately and timely implement the decisions made.

Executive power is an integral attribute of the state power mechanism. modern Russia built on the principles of separation of powers. At its core, executive power is law enforcement power. It exists relatively independently along with the legislative and judicial authorities and is expressed in the activities of special subjects endowed with executive and administrative competence, and is represented in the state power mechanism by executive authorities. Just like any other power, the executive branch has its own strictly certain signs, namely:

executive power is universal, it is continuous and exists wherever human collectives function;

executive power is characterized by coercive nature and focuses on force, on the ability to independently implement measures of influence to ensure the proper behavior of objects under its jurisdiction;

executive power has an organizing character;

executive power is characterized by a strictly defined objectivity - the presence of legal, informational, technical and organizational resources for its practical implementation (implementation).

Executive power is the ability and ability to exert a decisive influence on activities, behavior, as well as the right and ability to subordinate others to one's will. A distinctive feature of this branch of power is that it is implemented in relation to both the collective and individual elements of a state-organized society, that is, on a national scale and as a specific state function of a law enforcement (law enforcement) nature. This is the most important characteristic of the executive power, since it reveals its special state-legal nature, makes it possible to distinguish between the performance of this kind and the performance inherent in any organized cell of society as a means of managing one's own affairs (self-organization).

Executive power cannot simply be identified with state administration as an executive and administrative activity. Management activity is a practical form of implementation of the executive power, while the executive power itself reflects only the functional purpose of this activity, within which the executive power is practically implemented. And this shows the relationship between these concepts. Executive power, in fact, is the content of public administration activities. At the same time, all subjects of the executive power are at the same time the links of state administration, carried out outside the framework of the activities of the subjects of only the executive power.

The executive power is exercised through the activities of special entities endowed with executive competence. The main or central place among the subjects of administrative law belongs to the executive authorities. An executive authority (government body) is understood as a holistic, structurally formalized independent social entity that functionally carries out executive and administrative activities in order to solve the problems of society and the state in the socio-political, socio-cultural, economic and intersectoral spheres of state activity.

The specifics of this work is a detailed study of the system and structure of executive authorities. So, the executive authority is an executive and administrative authority that exercises this power (government body), i.e., enforces the laws and by-laws of federal authorities and authorities of the constituent entities of the Russian Federation in the areas of activity of the state assigned to its jurisdiction. Since, in my opinion, the authorities must rely on the law and the unified executive power formed in accordance with it. Otherwise, I think it will be impossible to solve the most important political, economic and social problems.

In order to achieve the goals set in this work, I have outlined a number of tasks, among which it is necessary:

Expand the concept of executive power;

Determine what place the executive authorities occupy in the system of separation of powers;

Determine the legal basis for the system of separation of powers;

To disclose the powers of executive authorities;

To study the system and structure of executive authorities and consider the main ways of improvement.

In order to solve the tasks set by me, when writing the work, the regulatory legal acts of the Russian Federation, scientific and other literature were used.

CHAPTER 1.EXECUTIVE AUTHORITIES IN THE SYSTEM OF SEPARATION OF POWERS IN THE RUSSIAN FEDERATION

§ 1. On the history of the issue of creating a system of separation of powers in the Russian Federation

In the modern era, the fundamental principle of the separation of powers is one of the most important foundations for the structure and functioning of the state mechanism in the vast majority of countries. However, the recognition of this principle, neither theoretically nor practically, does not lead to a denial of such an understanding of power, according to which it is a structurally ordered integrity. Therefore, the concept of separation of powers formulated by Montesquieu and refined by Kant can only be regarded as an ideal structure of power, playing the role of a methodological model. Power by its very nature is one. And even if we assume that its compartments act independently, independently of each other, asynchronously pursuing various goals, then the result of events will not be a doctrinaire implementation of a theoretical principle, but complete destruction, chaos, anarchy. History knows enough examples when a tough confrontation between one branch of power and another ultimately led to a split in society, civil wars, confusion, and unrest.

The problem of separation of powers arises only in conditions of heterogeneous societies, where there are various independent economic and political entities, where there are elements of civil society (it does not matter: in an embryonic or relatively developed state). It is in these circumstances that there is an urgent need for functional isolation, specialization of the branches of power that help maintain a certain balance in society. This is not so much about technical isolation to make the process of social management more effective, but about the political and legal foundations of this phenomenon. And they boil down to two fundamental points:

1. In governing the state, one cannot rely only on good intentions, the virtue of rulers, since the possibility of unlimited power can turn any, even the most wise, kind leader into a tyrant, which is fraught with an imbalance in the relationship between power and society and, ultimately, the destruction of the integrity of the political systems.

2. The principle of separation of powers is inextricably linked with the idea of ​​the right of every citizen to exercise power.
Thus, it is an integral part of the problem of democracy and the democratic structure of society.

The term "public administration" is quite widely used both in domestic and foreign legal literature. However, the Constitution of the Russian Federation uses the term “executive power” instead, in connection with which the correlation of these concepts is of interest.

Until the 80s of the last century, the state authorities in our country had to solve the most important issues in the form of relevant laws. Further, the state administration bodies carried out the practical implementation of these laws, i.e. enforcement, and the judiciary carried out the so-called "legislative" functions. And moreover, far from all state bodies of state administration carried out executive and administrative activities to implement the requirements of laws. These included the Soviets (Soviets of People's Deputies) at all levels with their unforgettable slogan: "All power to the Soviets."

In the 80s - early 90s, at the turn of "perestroika", a transition was gradually made from the theory of "separation of powers", the essence of which is as follows:

state power is always united in its manifestations: “legislation - execution - justice";

state power cannot and should not belong to one person or state body;

authorities are, as it were, branches of one tree, but the division of power is necessary, therefore these branches must be distinguished by a certain independence, and each branch of power must correspond to certain subjects - public authorities expressing it. 2

In this regard, instead of the term “public administration”, the term “executive power” began to be used gradually at first, and then (after the adoption of the Constitution of the Russian Federation in 1993) and everywhere.