What is included in the system of executive power. The system of federal executive authorities

Management or executive activity represents the law-based implementation by the relevant authorities state power functions of the state in the areas of economic and cultural development, social security and healthcare, transport and communications, ensuring state security and protection public order, national defense, etc. At the same time, it should be noted that the fundamental principle state structure RF is enshrined in Art. 10 of the Constitution of the Russian Federation, the principle of separation of powers, according to which state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. In Art. 77, 78, 85, 110 and a number of others of the Constitution of the Russian Federation speak of subjective expression, i.e. subjects whose competence includes its implementation - bodies executive power.

Based on the concept of executive power, the legislation of the Russian Federation, at the same time, does not abandon the concepts developed by the administrative-legal theory. Therefore, from the point of view of the theory of administrative authorities, executive authorities carry out state-administrative activities and are subjects government controlled as one of the forms state activities along with the legislature and the judiciary.

The functioning of the executive authorities is directly active, i.e. in the process of its implementation, the functions of the state are directly realized in various spheres: political, economic, social, etc.

The implementation of legally imperious powers belonging to these bodies is carried out in an administrative manner. Consequently, the activity of executive authorities is of a state-imperious nature and is a single process in which the executive and administrative sides are mutually conditioned.

The powers of executive authorities are expressed primarily in the fact that they issue normative legal acts within their competence and ensure their implementation by organizational and legal means. Acts of executive authorities, on the one hand, are by-laws, i.e. issued on the basis of and in pursuance of the law, and on the other hand, aimed at regulating public relations in their field of activity. Consequently, the acts of the executive authorities are of an executive-administrative nature.

Formation, reorganization and liquidation federal bodies executive power is exercised in accordance with the legislation of the Russian Federation by the President of the Russian Federation by determining the structure of federal executive bodies.

The executive authorities of the constituent entities of the Russian Federation are created, reorganized and liquidated in accordance with the legislation of the constituent entities of the Russian Federation by the heads of the constituent entities of the Russian Federation or their legislative bodies.

In this way, executive agencies - these are created in the system of executive power government bodies having a certain legislative and other regulatory legal acts competence (functions and powers) aimed at the implementation of laws and other regulatory legal acts in specific areas of public life.

Types of executive authorities

In the administrative-legal literature, the following criteria are used for the classification of executive authorities:

1) By territory of activity:

• federal executive authorities;

2) On the grounds of education:

• formed in accordance with the legislation of the Russian Federation;
• formed in accordance with the legislation of the constituent entities of the Russian Federation.

3) According to the method of education:

• elected bodies of executive power (chairmen of the government of a number of constituent entities of the Russian Federation; possibly heads of constituent entities of the Russian Federation);
• executive authorities created on the basis of legislation and other regulatory legal acts.

4) By the nature of competence:

• general competence, which exercise their functions in relation to all branches and spheres of public administration (government, administration of territories, regions);
• sectoral competence in charge of any branch of government (ministries and other sectoral executive bodies);
• intersectoral competence, which in their field of activity coordinate the activities of other executive authorities (federal ministries; federal services);
• special competence, which carry out regulatory, licensing, control and supervisory functions in various areas of public administration (federal services).

5) In order to resolve subordinate issues:

• collegial bodies of executive power (government);
• one-man executive authorities (ministries and other executive authorities).

6) By organizational and legal form:

• ministries;
• other federal executive authorities (federal services, federal agencies);
• executive authorities of the constituent entities of the Russian Federation.

The system of executive power in the Russian Federation

The system of executive power in the Russian Federation consists of the following elements:

• federal executive authorities of the Russian Federation;
• executive authorities of the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts.

In accordance with Art. 77 of the Constitution of the Russian Federation, within the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation.

Unity of the system of executive power provided:

1. the supremacy of the Constitution and federal laws;
2. obligatory for execution on the whole territory of Russia of decrees and of the Russian Federation, resolutions and orders of the Government of the Russian Federation;
3. the Constitutional Court of the Russian Federation, which determines the conformity of acts of executive authorities with the Constitution of the Russian Federation;
4. federal courts, which, subject only to the Constitution and federal laws, are empowered to evaluate the decisions and actions of executive authorities and officials;
5. the Prosecutor's Office of the Russian Federation, which oversees the implementation of laws by federal executive authorities and executive authorities of the constituent entities of the Federation.

The President of the Russian Federation plays a special role in maintaining the unity of the system of executive power. In accordance with the Constitution of the Russian Federation, he

The system of federal executive bodies was established by the Decree of the President of the Russian Federation of August 14, 1996 (as amended) “On the system of federal executive bodies”. The system of federal executive bodies of the Russian Federation includes federal ministries and other federal executive bodies: state committees of the Russian Federation, federal commissions of Russia, federal services of Russia, Russian agencies, federal supervision of Russia, as well as the Administration of the President of the Russian Federation.

The creation of federal executive bodies, their reorganization and liquidation are carried out by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation. The structure of federal executive bodies was approved by the Decree of the President of the Russian Federation of May 17, 2000 (as amended) “On the structure of federal executive bodies”.

Federal executive authorities can be divided into two groups:

1) federal executive bodies directly subordinated to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation, federal constitutional laws and federal laws. To them. in particular, they include the Ministry of Foreign Affairs, the Ministry of Defense, the Ministry of Internal Affairs, the Foreign Intelligence Service of the Russian Federation and some others;

2) federal executive bodies under the jurisdiction of the Government of the Russian Federation.

Regulations on federal executive bodies subordinate to the President of the Russian Federation are approved by the President of the Russian Federation, and provisions on other federal executive bodies - by the Government of the Russian Federation.

Competence of the Government of the Russian Federation

The list of powers of the Government of the Russian Federation is contained in Art. 114 of the Constitution of the Russian Federation and is open.

Government of the Russian Federation:

Develops and submits to the State Duma the federal budget and ensures its execution; submits to the State Duma a report on the execution of the federal budget;

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

Ensures the implementation in the Russian Federation of a unified state policy in the field of culture, science, education, healthcare, social security, and ecology;

Manages federal property;

Carries out measures to ensure the defense of the country, state security, implementation foreign policy RF;

Carries out measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime;

Exercises other powers.

The powers of the Government are specified in the Federal Constitutional Law of December 17, 1997 (as amended on December 31, 1997) "On the Government of the Russian Federation", in numerous federal laws and presidential decrees.

Acts of the Government of the Russian Federation

The Government of the Russian Federation, on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory decrees of the President of the Russian Federation, issues resolutions and orders, ensures their implementation.

In the shape of decrees decisions of the Government of a normative nature are issued. Decisions of the Government of the Russian Federation on operational and other current issues that do not have a regulatory nature are issued in the form orders. Decrees and orders of the Government of the Russian Federation are signed by the Chairman of the Government of the Russian Federation.

Decrees and orders of the Government are obligatory for execution throughout the territory of the Russian Federation.

Resolutions of the Government of the Russian Federation, with the exception of resolutions containing information constituting a state secret, or information of a confidential nature, are subject to official publication in " Russian newspaper” and “Collection of Legislation of the Russian Federation” no later than fifteen days from the date of their adoption, and if necessary, their immediate wide promulgation are brought to the public through the media without delay.

Decrees of the Government of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen shall enter into force no earlier than the day of their official publication (according to the Decree of the President of the Russian Federation of May 23, 1996 “On the procedure for publishing and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive bodies" - after seven days). Other resolutions of the Government of the Russian Federation shall enter into force from the date of their signing, unless the resolutions themselves provide for a different procedure for their entry into force. Orders of the Government of the Russian Federation come into force from the date of their signing.

Decrees and orders of the Government in the event of their conflict with the Constitution of the Russian Federation, federal constitutional laws, federal laws and decrees of the President of the Russian Federation may be canceled by the President. Acts of the Government of the Russian Federation may be appealed to the court.

The Government of the Russian Federation has the right to accept appeals, statements and other acts that do not have a legal nature.

Normative legal acts of federal executive authorities

Normative legal acts of federal executive bodies affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental nature, which have passed state registration with the Ministry of Justice of the Russian Federation, are subject to mandatory official publication, except for acts or individual ones! their provisions containing information constituting the state! secret or information of a confidential nature.

Normative legal acts of federal executive bodies! authorities are subject to official publication in the newspaper Rossiyskiye! conduct” within ten days after the date of their registration, as well as in the “Bulletin of normative acts of the federal executive authorities of the publishing house “Legal Literature”. Regulatory legal! acts of federal executive bodies, except for acts and their separate provisions containing information constituting a state secret, or information of a confidential nature that have not undergone state registration, as well as registered, but "not published in the prescribed manner, do not entail legal consequences as not having entered into force and cannot serve as a basis for regulating the relevant legal relations, imposing sanctions on citizens, officials and organizations for failure to comply with the instructions contained therein. These acts cannot be referred to in resolving disputes.

Normative legal acts of federal executive bodies shall enter into force simultaneously throughout the territory of the Russian Federation after ten days after the day of their official publication, unless the acts themselves establish a different procedure for their entry into force.

Organization of the activities of the Government of the Russian Federation

Prime Minister The Russian Federation is the head of the Government of the Russian Federation, he determines, in accordance with the Constitution, federal constitutional laws, federal laws and presidential decrees, the main areas of activity of the Government and organizes its work.

The Chairman of the Government represents the Government within the country and abroad; conducts meetings of the Government, having the right of a decisive vote; signs acts of the Government; submits to the President proposals on the structure of the federal executive bodies, on the appointment and dismissal of Deputy Prime Ministers and federal ministers, on the imposition of disciplinary sanctions on them and on their encouragement; distributes duties among the Deputy Prime Ministers.

The main organizational and legal form of work of the Government of the Russian Federation are meetings. Preparation and holding of meetings of the Government of the Russian Federation are carried out in accordance with the Regulations of the Government of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 18, 1998 (as amended on October 5, 2000) “Issues of organizing the activities of the Government of the Russian Federation”.

Meetings of the Government of the Russian Federation are held at least once a month. A meeting of the Government is considered competent if at least two thirds of the members of the Government are present. The meetings are held under the leadership of the Prime Minister. At meetings of the Government, in accordance with paragraph "b" of Art. 83 of the Constitution of the Russian Federation, the President of the Russian Federation may preside. Decisions of the Government are taken by a majority vote of the members of the Government.

Representatives of the chambers of the Federal Assembly, representatives of the highest judicial bodies, the Prosecutor General's Office, the Accounts Chamber, the Central Bank, and other persons have the right to attend meetings of the Government of the Russian Federation in accordance with federal laws or in the manner established by the Government.

For solutions operational matters The Government of the Russian Federation, on the proposal of the Chairman of the Government, forms Presidium of the Government of the Russian Federation. Meetings of the Presidium of the Government are held as needed. Decisions of the Presidium of the Government of the Russian Federation are taken by a majority of votes from total number members of the Presidium of the Government of the Russian Federation and must not contradict the acts adopted at meetings of the Government of the Russian Federation. The Government of the Russian Federation has the right to cancel any decision of the Presidium of the Government of the Russian Federation.

According to Art. 28 of the Law on the Government, exclusively at the meetings of the Government, questions of the preparation and execution of the federal budget are considered; the nomenclature of goods for which state regulation of prices is applied is established; the volumes of issuance of government securities are established; decisions are made on the introduction by the Government of bills to the State Duma; considers draft programs for the privatization of federal state property; the issues of providing subsidies, subsidies, and other support on a gratuitous basis at the expense of the federal budget are considered; the Presidium of the Government of the Russian Federation is formed; regulations on federal ministries and other federal executive bodies are approved; the procedure for the creation and maintenance of the activities of territorial bodies of federal executive bodies is established; the Regulations of the Government of the Russian Federation are approved, etc.

To ensure the activities of the Government of the Russian Federation and to organize control over the implementation by executive bodies of decisions adopted by the Government, the Apparatus of the Government of the Russian Federation is formed.

The concept of the judiciary

In accordance with the principle of separation of powers in the Russian Federation, an independent and independent judiciary operates, represented by a set of bodies - courts that form the judicial system of the Russian Federation.

Term "judicial branch" used in several meanings. First, the judiciary is the activity of the judiciary in the exercise of their powers. Secondly, the judiciary is often understood as the totality of the judiciary, the judicial system. Thirdly, from the point of view of the principle of separation of powers, the judiciary is a certain branch of state activity, a set of functions solved by the state in the field of resolving legal conflicts.

Thus, the purpose judiciary- resolve various legal conflicts between members of society, between a person and the state. The judiciary has a number of inalienable signs, distinguishing it from other branches of government in the state:

1) judicial power is exercised by special state bodies - courts. The courts in the Russian Federation together form the judicial system;

2) the judiciary, in accordance with Part 2 of Art. 118 of the Constitution of the Russian Federation, is carried out through constitutional, civil, administrative and criminal proceedings;

3) judicial power is exercised in accordance with a clearly established procedural form (due process of law);

4) decisions of the judicial authorities cannot be reviewed by the authorities of other branches of government.

The scope of the exercise of judicial power consists of two main elements (forms of the exercise of judicial power):

1) justice - activities of the court in the consideration and resolution of civil, criminal cases, as well as cases arising from administrative offenses;

2) judicial control. The judiciary exercises judicial constitutional control (constitutional justice) and judicial administrative control (administrative justice). Constitutional justice consists in monitoring the compliance of laws and other normative acts with the Constitution of the Russian Federation. Constitutional justice in the Russian Federation is carried out by the Constitutional Court of the Russian Federation and constitutional (charter) courts of the subjects of the Federation. Within the framework of administrative justice, the court controls the legality of acts and actions of executive authorities and their officials.

Judicial system of the Russian Federation

The legal regulation of the foundations of the judicial system of the Russian Federation is contained in the Constitution of the Russian Federation (Articles 125-128) and the Federal Constitutional Law of December 31, 1996 "On the Judicial System of the Russian Federation" (hereinafter referred to as the Law on the Judicial System).

The fundamental principle of the organization of the judicial system is its unity (Article 3 of the Law on the Judicial System), which is ensured by:

1) establishment of the judicial system of the Russian Federation by the Constitution of the Russian Federation and the Law on the judicial system;

2) observance by all federal courts and justices of the peace of the rules of procedure established by federal laws;

3) application by all courts of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally recognized principles and norms of international law, and international treaties RF, as well as constitutions (charters) and other laws of the subjects of the Federation;

4) recognition of the mandatory execution throughout the territory of the Russian Federation of court decisions that have entered into force;

5) legislative consolidation of the unity of the status of judges;

6) financing of federal courts and justices of the peace from the federal budget.

The judicial system of the Russian Federation consists of: federal courts; constitutional (charter) courts of subjects of the Russian Federation; magistrates of the constituent entities of the Russian Federation.

Federal court system as follows:

1) Constitutional Court of the Russian Federation - a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings;

2) federal courts of general jurisdiction:

a) The 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. The Supreme Court is directly superior to the supreme courts of the republics, courts in the constituent entities of the Federation, and military courts;

b) supreme courts of republics, regional and regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous districts. These courts are directly superior to the district courts of the respective subjects of the Federation;

c) district courts are directly superior to justices of the peace acting in the territory of the respective judicial district;

d) military courts are created according to the territorial principle at the place of deployment of troops and fleets and exercise judicial power in the troops, bodies and formations where military service is provided;

e) specialized courts for the consideration of civil and administrative cases. These courts are established by amending and supplementing the Law on the Judicial System;

3) federal arbitration courts:

a) The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts. The Supreme Arbitration Court is directly superior to the federal arbitration courts of districts and arbitration courts of the constituent entities of the Russian Federation;

b) federal arbitration courts of districts operate in the territories of the respective judicial districts. The entire Russian Federation is divided in accordance with the Federal Constitutional Law of April 28, 1995 "On Arbitration Courts" into 10 districts. The federal arbitration courts of the districts are a higher authority in relation to the arbitration courts of the constituent entities of the Russian Federation;

c) arbitration courts of the subjects of the Russian Federation are formed in each subject of the Federation and are the main link in the system of arbitration courts.

The courts of the subject of the Russian Federation are:

1) constitutional (statutory) court of a constituent entity of the Russian Federation, which can be created by a constituent entity of the Russian Federation to consider the conformity of laws of a constituent entity of the Russian Federation, regulatory legal acts of state authorities of a constituent entity of the Russian Federation, local self-government bodies of a constituent entity of the Russian Federation with the constitution (charter) of a constituent entity of the Russian Federation, as well as for interpreting the constitution (charter) of a constituent entity of the Russian Federation. The decision of the constitutional (charter) court of the constituent entity of the Russian Federation, adopted within its powers, cannot be reviewed by another court;

2) world judges hear civil, administrative and criminal cases as a court of first instance.

Constitutional and legal principles of the organization of the judiciary

The sphere of regulation of constitutional law does not include all relations that mediate the activities of the judiciary, but only the basic principles of the organization of the judiciary, enshrined in constitutional law. For convenience of presentation, these principles can be divided into several groups:

Principles of the legal status of the judiciary; - principles of the legal status of judges;

Principles of legal proceedings (justice).

Principles of the legal status of the judiciary. The most important principle is established in Part 1 of Art. 118 of the Constitution of the Russian Federation, the rule that justice in the Russian Federation is carried out only by the court. This means that no other body has the right to assume the functions of the judiciary for the consideration and resolution of cases. The guarantee of this principle lies in the establishment of a system of courts operating in the state. The Law on the Judicial System contains a list of all categories of existing courts. The law allows the creation of specialized federal courts for the consideration of civil and administrative cases, but only by introducing amendments and additions to this federal constitutional law. The creation of emergency courts is not allowed.

The law on the judicial system establishes in part 1 of Art. 5, that the courts exercise judicial power independently, regardless of anyone else's will, subject only to the Constitution of the Russian Federation and the law. This principle follows from the separation of powers established by the Constitution of the Russian Federation and is ensured by a number of constitutional and legislative provisions. One of the most important guarantees of the independence of the court is the rule on the financing of courts only from the federal budget. Such funding, according to Art. 124 of the Constitution of the Russian Federation, should ensure the possibility of full and independent administration of justice in accordance with federal law.

The Russian Federation cannot issue laws and other normative legal acts that abolish or diminish the independence of courts. The appropriation of the power of the court is punishable in accordance with the criminal law.

The most important principle of the organization of the judiciary is the binding nature of judicial decisions. Article 6 of the Law on the Judicial System establishes that the rulings of federal courts, justices of the peace and courts of the constituent entities of the Russian Federation, as well as their legal orders, demands, instructions, calls and other appeals, that have entered into force, are binding on all public authorities, local government bodies without exception. , public associations, officials, other individuals and legal entities and are subject to strict execution throughout the territory of the Russian Federation. Failure to comply with a court order, as well as any other manifestation of disrespect for the court, entails liability provided for by law.

Principles of the legal status of judges. The principle of judicial independence is supplemented by the provision established in the Constitution of the Russian Federation that judges are independent and subject only to the Constitution of the Russian Federation and federal law. These provisions are a guarantee of a person's right to judicial protection of his rights and freedoms (Article 46 of the Constitution of the Russian Federation). The International Covenant on Civil and Political Rights states that everyone has the right to a fair and public hearing of criminal and civil cases by a competent, independent and impartial tribunal established by law. The Law of the Russian Federation of June 26, 1992 (as amended on June 20, 2000) “On the Status of Judges in the Russian Federation” contains a system of guarantees for the independence of judges.

The independence of a judge is ensured by: the procedure for the administration of justice provided for by law; prohibition, under the threat of responsibility, of anyone's interference in the administration of justice; the established procedure for the suspension and termination of the powers of a judge; the right of a judge to resign; immunity of the judge; the system of bodies of the judiciary; providing the judge at the expense of the state with material and social security corresponding to his high status.

The court is not bound by acts of state or other bodies if it finds that these acts do not comply with the law. In this case, the court makes a decision in accordance with the law. In the event of an ambiguity in the issue of the constitutionality of the law applied or to be applied in the case, the court has the right to apply to the Constitutional Court of the Russian Federation with an appropriate request.

In accordance with the Constitution (Article 121), the powers of a judge may be terminated or suspended only in the manner and on the grounds established by federal law. An exhaustive list of grounds for terminating the powers of a judge is enshrined in the Law “On the Status of Judges in the Russian Federation”.

Principles of judiciary. The main principle of the implementation of legal proceedings is the principle of equality of all before the law and the court. The courts do not give preference to any bodies, persons participating in the process, parties on the grounds of their state, social, gender, national, linguistic or political affiliation or depending on their origin, property and official status, place of residence, place of birth, relationship to religion, beliefs, membership in public associations, as well as on other grounds not provided for by law. ^ The Constitution of the Russian Federation in Art. 123 establishes that the proceedings in all courts are open (principle of public proceedings). This principle means that citizens are freely admitted to the courtroom, and court decisions are always proclaimed publicly. Hearing a case in a closed session is allowed in cases stipulated by federal law. It is not allowed (except for cases established by federal law) to hear criminal cases in absentia. The most important principle of the implementation of legal proceedings is its competitiveness and equality of the parties. This principle is expressed in the fact that in the administration of justice, two parties are always clearly separated, which are endowed with equal procedural rights (in criminal proceedings - the prosecutor representing the public prosecution, and the defendant, his defense counsel; in civil proceedings - the plaintiff and the defendant). Competitiveness lies in the right of each party to protect its interests, put forward demands, prove circumstances. At the same time, the court is not bound by the arguments of any one party, but is obliged to comprehensively, fully and objectively investigate the circumstances of the case. As a result of consideration of the case, the court comes to a decision in favor of one side, which is the result of the "competition" of the parties.

Legislation establishes the principle of citizens' participation in the administration of justice (Article 8 of the Law on the Judicial System). Citizens have the right to participate in the administration of justice as jurors and people's assessors. The participation of jurors and people's assessors in the administration of justice is a civic duty. During their participation in the administration of justice, assessors are paid remuneration from the federal budget. The list of cases when cases are considered with the participation of assessors is established by the Code of Civil Procedure and the Code of Criminal Procedure.

The principle of the national language of legal proceedings is enshrined in Art. 10 of the Law on the Judicial System. General rule, established in relation to the language of legal proceedings - it is conducted in Russian - the state language of the Russian Federation. In the state language of the republic in whose territory the court is located, legal proceedings and office work may be conducted in courts of general jurisdiction, as well as with justices of the peace and in the constitutional courts of the republics. Persons participating in the case who do not speak the language of the court proceedings are provided with the right to speak and give explanations in their native language or in any freely chosen language of communication, as well as to use the services of an interpreter.

The criteria according to which the acting bodies of executive power can be divided into certain classification groups are different. There can be quite a lot of them, if we take into account all the possible shades of the characteristics of a particular group of such organs. Therefore, the most significant, i.e. of fundamental importance, their classification.

1. Based on the federal state structure Russian Federation, the territorial scale of the activities of the executive bodies comes to the fore. In accordance with this criterion, the following stand out from their unified system:

a) federal executive authorities;

b) executive authorities of the subjects of the Federation.

The last group is the most diverse, as it includes the relevant bodies of the republics, territories, regions, federal cities, autonomous regions and autonomous districts.

The territorial scale of activity has a number of other organizational and legal expressions both in relation to federal executive bodies and similar bodies of the constituent entities of the Federation. Thus, federal executive bodies can create their own territorial bodies (departments, departments, etc.) operating on the territory of the subjects of the Federation, but not included in the system of executive bodies of republics, territories, regions, etc. In addition, individual federal bodies create inter-territorial executive bodies operating on the territory of several subjects of the Federation (for example, military command and control bodies).

The executive authorities of the subjects of the Federation, in their organizational essence, can also be characterized as territorial, since their competence is limited to the territory of this subject. However, given that these entities include states (republics) and administrative-territorial units (i.e., territories proper), for them general characteristics the term "regional management" has become increasingly used.

2. Based on the established procedure for the formation of executive authorities, the following are distinguished:

a) executive bodies, the formation of which in accordance with paragraph "d" Art. 71 of the Constitution of the Russian Federation is assigned to the jurisdiction of the Russian Federation. This refers to the federal executive authorities.

At the federal level, all the main issues of the formation of executive authorities are concentrated in the hands of the President of the Russian Federation. Decree of the President "On the system and structure of federal executive bodies" dated March 9, 2004 No. it was established that the creation of federal executive bodies, their reorganization and liquidation are carried out by the President at the suggestion of the Chairman of the Government of the Russian Federation RF RF.2004.No.11.st.945.

In addition, at the federal level, the issues of formation by federal executive bodies for the exercise of their powers in the subjects of the Federation of territorial bodies and the appointment of appropriate officials are resolved (Article 78 of the Constitution of the Russian Federation);

b) executive bodies, the formation of which in accordance with Art. 73 of the Constitution of the Russian Federation and relevant articles of republican constitutions, charters of territories, regions, etc. assigned to the subjects.

At the republican level, the procedure for the formation of executive authorities is different in detail. The decisive role here is played by the highest officials of the republics, heads of states, presidents - heads of executive power.

In the territories, regions, cities of federal significance, autonomous regions, autonomous districts, the order is approximately the same. Currently federal law introduced a uniform official name of the executive authorities for all subjects of the Federation. This is the highest executive body of state power of the subject, headed by the highest official of the subject (the head of the highest executive body of state power of the subject of the Federation). However, the specific name of such a body and its head is determined by the constitution (charter) of the subject of the Federation. Now these leaders (presidents, governors, etc.) are elected by the legislative (representative) bodies of the constituent entities of the Federation on the proposal of the President of the Russian Federation in the manner prescribed by the law of the RF SZ. 2004. N 50. Art. 4950 .

3. Bodies of executive power can also be distinguished by the nature of their competence. From these positions stand out:

a) executive authorities of general competence that exercise their functions in relation to all or a wide range of objects on the main issues of their activities. This is the Government of the Russian Federation, the governments of the republics that are part of the Russian Federation, as well as the governments (administrations) created in the territories, regions, cities of federal significance, autonomous regions, autonomous districts. In many cases, at the regional level, they are led by governors;

b) executive authorities of branch competence, which exercise their functions in relation to the spheres of branch activity entrusted to them. As a rule, these are federal and republican ministries, other branch executive bodies;

c) executive authorities of intersectoral competence, which, in the field of activity entrusted to them, coordinate the activities of other executive bodies. As a rule, these are ministries and services, as well as similar bodies of the subjects of the Federation;

d) executive authorities of special competence, which carry out various kinds of licensing, control, supervisory and regulatory functions in various fields management activities(for example, federal agencies).

4. According to the procedure for resolving subordinate issues, collegial and one-man executive bodies are distinguished. The former include governments, as well as administrations of the constituent entities of the Federation, if this is expressly stated in their status. Issues here are decided by majority vote.

As a rule, all other executive bodies, primarily ministries, services, and agencies, are single-headed. The relevant administration can also act unilaterally. Unity of command is closely intertwined with the beginnings of collegiality at the level of discussion of leading issues. For these purposes, for example, in the ministries, collegiums, various kinds of advisory and other councils are being created.

5. As a criterion for the classification of executive bodies, the method of their creation is also used. From these perspectives, one can distinguish:

a) executive bodies formed in accordance with the established procedure. The majority of such bodies, both at the level of the Russian Federation and its subjects (for example, the formation of ministries and other executive bodies by the heads of the highest executive bodies of state power of the subject);

b) in some cases, the method of election is used. However, it does not apply to a particular executive body, but refers to those officials who head the relevant executive body. Thus, in accordance with the Federal Law of December 11, 2004, mentioned above, the highest official of the subject of the Federation (president, governor) is elected by the legislative body of the subject of the Federation upon the proposal of the President of the Russian Federation. SZ RF. 2004. N 50. Art. 4950

> The system of executive authorities of the Russian Federation

Executive authorities form a system, which is understood as a vertical connection between subordinate bodies based on the division of competence between them. The structure of this system is determined by the federal structure of the state.

1. Federal executive authorities of the Russian Federation:

President (administration of the President);

Government of the Russian Federation;

federal ministries;

State committees, services;

Federal commissions, oversights;

Russian agencies.

2. Executive authorities of the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts:

Presidents of the Republics (Administrations of Presidents);

Governments of the republics with departments, departments, committees;

Administrations of territories and regions;

Administrations autonomous regions and autonomous regions;

City halls of federal cities (Moscow, St. Petersburg).

The system and structure of federal executive bodies are determined by the President of the Russian Federation. Federal executive authorities operate in the economic, socio-cultural and administrative-political spheres. They carry out general management of the relevant industries, as a rule, they do not directly manage enterprises and organizations. The volume and nature of their powers are determined by the characteristics of the industries and areas of activity entrusted to them.

The system and forms of executive authorities in the republics are determined by their constitutions, laws and other acts. The system and forms of bodies of other subjects of the Russian Federation are determined by their Charters and other legal acts in accordance with the laws and decrees of the President of the Russian Federation.

The governments of the republics are formed either by representative bodies of state power (Councils) or by the Presidents of the republics (appointed with further approval by the Councils). Approximately also the corresponding administrations are formed. The structure of administration is determined by the Charter of the given subject of the Russian Federation, or in the manner prescribed by it.

In Art. 110 of the Constitution of the Russian Federation directly establishes that the executive power in the Russian Federation is exercised by the Government of the Russian Federation. In addition, the President of the Russian Federation, while not formally a member of any of the three authorities, in essence, having a number of constitutional powers in the field of executive power, is included in it. Moreover, the President of the Russian Federation appoints (with the consent of the State Duma of the Russian Federation and the Federal Assembly of the Russian Federation) and dismisses the Chairman of the Government of the Russian Federation and heads of other federal government bodies, directly supervises a number of ministries (for example, power ministries). The President of the Russian Federation has the right to preside at meetings of the Government of the Russian Federation, his decrees in their legal force are higher than the decrees of the Government of the Russian Federation. The Government of the Russian Federation is responsible to the President of the Russian Federation, only he is accountable and controlled by him.

An analysis of the powers of the President of the Russian Federation and the Government of the Russian Federation gives every reason to consider the President of the Russian Federation as the head of the executive power of the Russian Federation, and not the Chairman of the Government of the Russian Federation or the Government of the Russian Federation as a whole. Therefore, when it is claimed that the Government of the Russian Federation is the highest body of executive power, it is necessary to take into account the well-known conventionality of such an assertion. It can be considered as the highest body of executive power in the sense that it is the only collegiate body that has constitutional competence in the field of executive power and the right to lead all executive bodies. But at the same time, the Government of the Russian Federation functions with the President of the Russian Federation over it, whose instructions are obligatory for the Government of the Russian Federation, and in the Decrees of the President of the Russian Federation there are very often provisions that mean direct interference in the organization and activities of the Government of the Russian Federation.

The Constitution of the Russian Federation does not establish criteria according to which certain bodies of state power belong to executive power. But this can be understood logically if we subtract legislative (Federal Assembly of the Russian Federation - Council of Federation and State Duma of the Russian Federation) and judicial (Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation, other federal courts, for example) from all federal government bodies. , district arbitration courts), as well as bodies with a special status (the Prosecutor's Office of the Russian Federation, the Central Bank of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Election Commission of the Russian Federation, the Commissioner for Human Rights of the Russian Federation, the Academy of Sciences of the Russian Federation).

The remaining bodies make up the system of executive authorities. To this should be added certain executive authorities of the constituent entities of the Russian Federation, since in accordance with Part 2 of Art. 77 of the Constitution of the Russian Federation, within the limits of the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation. Therefore, unlike legislature, the executive power in the Russian Federation is largely uniform in nature, which, naturally, predetermines the scope of the powers of the Government of the Russian Federation (organizes the implementation of laws, orders, international treaties; exercises control over the execution of these acts by the executive authorities of the Russian Federation and its subjects, takes measures to eliminate violations of applicable law).

The Constitution of the Russian Federation does not provide for fixing the system of federal executive bodies in federal law.

The system of federal executive authorities includes:

– Government of the Russian Federation;

– ministries of the Russian Federation (federal ministries) (24);

– state committees of the Russian Federation (13);

– federal commissions of Russia (2);

– federal services of Russia (17);

– Russian agencies (3);

– federal supervision of Russia (2);

- other federal executive authorities.

Ministry of the Russian Federation- the federal executive body pursuing state policy and exercising management in the established field of activity, as well as coordinating, in cases established by laws, decrees and resolutions, the activities in this area of ​​other federal executive bodies. The Ministry is headed by the Minister of the Russian Federation (Federal Minister), who is part of the Government of the Russian Federation.

Modern ministries are characterized by a combination of sectoral and intersectoral functions and powers, that is, in addition to conducting state policy in this area, the federal ministry coordinates the activities of other federal executive bodies in this area.

The system of federal ministries consists of 24 federal ministries headed by ministers. The competence of the federal ministry is determined by the Regulations on federal ministries (approved by the Government of the Russian Federation or the President of the Russian Federation). A collegium (minister, deputies, etc.) is formed in the federal ministry. The main link of the central apparatus of the federal ministry is sectoral (sub-sectoral) and problematic departments, divisions, etc.

State Committee of the Russian Federation, Federal Commission of Russia- federal executive bodies that carry out, on a collegiate basis, intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain area of ​​activity. The State Committee of the Russian Federation, the Federal Commission of the Russian Federation are headed, respectively, by the Chairman state committee RF and Chairman of the Federal Commission of Russia.

The differences between the State Committee of the Russian Federation and the federal ministry are small, so mutual transformation often takes place.

There are now 13 state committees: for youth affairs, cinematography, for physical culture and tourism, etc. The chairman is the head of the state committee.

Federal Commissions of the Russian Federation (FCRF) arose not so long ago, in fact, are identical to the state committees. There are two: Federal Market Commission valuable papers and the Federal Energy Commission. Federal Services of Russia (FSR)- there are 17 of them. These are the tax, border, security services, etc. FSR carry out regulatory, control and licensing functions of an industry nature. federal agencies- FAPSI, space. Federal oversights– carry out control activities (Gosatomnadzor). All of these are federal executive bodies that carry out special (executive, control, licensing, regulatory, etc.) functions in established areas.

The Federal Service of the Russian Federation is headed by the Head (Director) of the Federal Service of Russia, the Russian Agency - CEO Russian Agency, Federal Supervision of Russia - Head of the Federal Supervision of Russia.

Pending the introduction of amendments and additions to the relevant federal laws, the specific names of the federal executive bodies shall be determined in accordance with the structure of the federal executive bodies approved by the President of the Russian Federation.

The creation of federal executive bodies, their reorganization and liquidation are carried out by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation. Regulations on federal executive bodies subordinate to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation and laws are approved by the President of the Russian Federation, and on other federal executive bodies - by the Government of the Russian Federation. The maximum number and wage fund of employees of the central office and territorial bodies of federal executive bodies are approved by the Government of the Russian Federation.

The status of each executive body corresponds to the procedure for appointing its leaders. Thus, federal ministers are appointed and dismissed by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation. Deputy federal ministers are appointed and dismissed by the Government of the Russian Federation or in accordance with laws. The appointment and dismissal of the heads of federal executive bodies, except for federal ministers and heads of bodies subordinate to the President of the Russian Federation, is carried out by the Government of the Russian Federation.

The heads of federal executive bodies subordinate to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation and laws are appointed to and dismissed from office in a specially established manner.

Depending on the status of a particular body, the rights of its leaders are legislatively determined. At the same time, it is not allowed to equate officials to higher positions in the form of granting rights to these positions or assigning a rank.

Executive authorities in the constituent entities of the Russian Federation formed by them on their own. The state-legal nature of the subjects is very different (republics, territories, regions, autonomous entities, cities of federal significance).

Bodies of executive power in the republics: a) President - the highest official and head of executive power (Kalmykia, Yakutia); b) Government (its chairman) - head of executive power (Khakassia); c) executive power belongs to a special body - the State Council (Dagestan).

The republican governments, in accordance with the republican constitutions, exercise executive power under the leadership of the President (Buryatia); are an executive and administrative body formed by the President (Ingushetia); are executive body state authorities, accountable to the President (Kabarda). The composition of republican governments is uniform: ministers, chairmen of state committees, heads of republican departments formed by governments.

Executive authorities in the territorial subjects of the Russian Federation are the administration of the territory, region, etc., as well as its head. This may be the governor and the government headed by him (Stavropol Territory), the governor and the administration headed by him (Irkutsk Region).

The head of the administration is subordinate to the President of the Russian Federation and the Government of the Russian Federation on matters of the jurisdiction of the Russian Federation and joint jurisdiction; represents the interests of the subject in the Government of the Russian Federation and federal executive bodies; can enter into relations with the relevant authorities and officials foreign states; adopts resolutions and orders on issues of its competence.

Executive authorities are organizationally and functionally separate elements of the system of state bodies, formed for the direct and daily implementation of the functions of state administration and endowed for this purpose with state-power powers of an executive and administrative nature.

Within the constitutionally established limits, federal executive authorities and executive authorities of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation.

At the constitutional level, a complete list of federal executive bodies has not been established. In Art. 110 regulates only some issues of the organization and activities of the Government of the Russian Federation. (See the constitution yourself!)

OIV are multi-level systems that perform executive and administrative functions. The executive activity is manifested in the direct execution by them of the requirements contained in the acts of the legislative authorities, higher executive authorities and judicial authorities. Administrative activity is expressed in taking measures by issuing their own acts and in ensuring their implementation by subordinate bodies and organizations. The activities of the executive authorities are subordinate to the law.

Types of IV.

In accordance with the federal structure of the Russian Federation: federal and constituent entities of the Russian Federation

By organizational and legal forms: governments, councils of ministers, ministries, services, agencies, administrations, departments, committees, departments, inspections, departments

By the nature of competence: general, sectoral, intersectoral and intrasectoral. Bodies of general competence manage all or most branches and spheres of government in the territory under their jurisdiction, ensure economic, socio-cultural development there. Bodies of branch competence supervise subordinate sectors. Bodies of intersectoral competence perform common specialized functions for all or most industries and areas of management. Bodies of intra-industry competence supervise assigned areas of work within the framework of industries.

By the order of resolving issues: collegial and one-man

Main principles building an IIV system:

federalism

combinations of centralization and decentralization,

legality.

According to the Constitution of the Russian Federation, the system of federal executive authorities includes the Government of the Russian Federation, ministries and other federal executive authorities.

Government of the Russian Federation- the highest executive body of state power of the Russian Federation, heading the unified system of executive power in Russia. Basics of it legal status, composition, formation procedure are determined by the Constitution of the Russian Federation and federal laws.

The Government of the Russian Federation is a collegial body. It consists of the Chairman of the Government of the Russian Federation, his deputies and federal ministers. The decisive role in the formation of the Government of the Russian Federation belongs to the President, who appoints the Chairman of the Government of the Russian Federation (with the consent of the State Duma) from among the citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation in the territory foreign state.

The Government of the Russian Federation submits to the State Duma annual reports on the results of its activities, including on issues raised by the State Duma.

The Chairman of the Government of the Russian Federation has a special status. He proposes to the President of the Russian Federation the structure of federal executive bodies, candidates for the positions of his deputies and federal ministers; in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President, determines the main areas of activity of the Government and organizes its work.

The Prime Minister distributes duties among his deputies, represents the Government in international affairs, issues orders on operational and other current issues, and also signs decisions of the Government.

The Deputy Prime Ministers, in the order of distribution of duties between them, coordinate the work of the executive authorities. They control their activities and give them instructions, preliminary consider proposals and draft resolutions and orders submitted to the Government.

Ministers, as members of the Government, participate in the consideration and discussion of all issues at its meetings, while imposing the right of a decisive vote.

Its Presidium, consisting of the Chairman, his first deputies, the ministers of finance, economy, foreign affairs, defense, internal affairs, etc., acts as a permanent body of the Government.

Decisions of the Presidium are taken in the form of resolutions and orders of the Government and must not contradict the decisions taken at its meetings. The Government has the right to cancel any decision of the Presidium.

The Government exercises the powers assigned to it by the Constitution of the Russian Federation, Federal Laws, Decrees of the President of the Russian Federation.

The organization and activity of the Government of the Russian Federation is regulated by the Federal Constitutional Law of December 17, 1997 "On the Government of the Russian Federation".

The Government of the Russian Federation in its activities is guided by the principles of the supremacy of the Constitution of the Russian Federation, federal constitutional laws and federal laws, the principles of democracy, federalism, separation of powers, responsibility, publicity and ensuring the rights and freedoms of man and citizen.

The Government of the Russian Federation, within its powers:

organizes the implementation of the domestic and foreign policy of the Russian Federation;

carries out regulation in the socio-economic sphere;

ensures the unity of the system of executive power in the Russian Federation, directs and controls the activities of its bodies;

forms federal targeted programs and ensures their implementation;

implements the right of legislative initiative granted to him.

The FCL establishes the powers of the Government in the sphere of economy, in the sphere of budgetary, financial, credit and monetary policy, in the social sphere, in the sphere of science, culture, education, in the sphere of nature management and protection environment, in the field of ensuring the rule of law, the rights and freedoms of citizens, the fight against crime, to ensure the defense and state security of the Russian Federation, in the field of foreign policy and international relations. (Powers yourself!)

The activities of the Government are supported by an apparatus consisting of structural subdivisions, positions in which are filled by a professional corps of qualified specialists.

The structure of ministries and other federal executive bodies is approved by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation.

The Government of the Russian Federation appoints and dismisses deputy federal ministers, heads of federal executive bodies under the jurisdiction of the Government of the Russian Federation, and their deputies, heads of federal executive bodies under the jurisdiction of federal ministries, on the proposal of federal ministers, heads of bodies and organizations under the Government of the Russian Federation.

The Government of the Russian Federation has the right to cancel the acts of federal executive bodies or to suspend the operation of these acts.

At present, by the Decree of the President of March 9, 2004 "On the system and structure of federal executive bodies", the system consisting of ministries, state committees, federal services and other departments has been replaced by a new "three-tier" system of "ministries-agencies-services".

The current system of federal executive authorities is established by Decree of the President of the Russian Federation of May 21, 2012 No. 636 "On the structure of federal executive authorities" ( see Attachment).

federal ministry is a federal executive body that performs the functions of developing state policy and legal regulation in the established field of activity. The federal ministry is headed by a minister of the Russian Federation (federal minister) who is a member of the Government of the Russian Federation.

FM independently carries out legal regulation in the established field of activity. Not entitled to exercise the functions of control and supervision, as well as the functions of managing state property (except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation).

The FM coordinates and controls the activities of the federal services and federal agencies under its jurisdiction.

approves the annual plan and performance indicators of federal services and federal agencies, as well as a report on their implementation;

submits to the Government of the Russian Federation, on the proposal of the head of the federal service, the federal agency, a draft regulation on the federal service, the federal agency, proposals on the maximum staffing of the federal service, the federal agency and the payroll fund for their employees;

submits proposals to the Ministry of Finance of the Russian Federation on the formation of the federal budget and the financing of federal services and federal agencies;

submits to the Government of the Russian Federation drafts of normative legal acts relating to the sphere of activity determined by it and to the spheres of activity of the federal services and federal agencies under its jurisdiction, if the adoption of such acts relates in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws to competences of the Government of the Russian Federation;

in pursuance of the instructions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation, gives instructions to federal services and federal agencies and controls their execution;

appoints and dismisses, on the recommendation of heads of federal services, federal agencies, deputy heads of federal services, federal agencies, with the exception of deputy heads of federal services, federal agencies, whose activities are managed by the President of the Russian Federation;

appoints and dismisses, on the proposal of the head of the federal service, the federal agency, the heads of the territorial bodies of the federal service, the federal agency, with the exception of the heads of the territorial bodies of the federal service, the federal agency, whose activities are managed by the President of the Russian Federation.

The FM coordinates the activities of state non-budgetary funds.

To this end, the Federal Minister performs the following functions:

submits to the Government of the Russian Federation a proposal for the appointment (dismissal) of the head of the state non-budgetary fund;

adopts regulatory legal acts on the areas of activity of state non-budgetary funds;

submits to the Government of the Russian Federation drafts of normative legal acts regulating the activities of state non-budgetary funds;

submits to the Government of the Russian Federation, on the proposal of the head of the state extra-budgetary fund, draft federal laws on the budget of the state extra-budgetary fund and on the execution of the budget of the state extra-budgetary fund;

appoints inspections of the activities of off-budget funds in cases established by federal law.

federal Service- the federal executive body exercising the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the state border of the Russian Federation, the fight against crime, public safety. The federal service is headed by the head (director) of the federal service.

The functions of control and supervision are understood as:

Implementation of actions to control and supervise the implementation by public authorities, local governments, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts of generally binding rules of conduct;

Issuance by state authorities, local authorities, their officials of permits (licenses) to carry out a certain type of activity and (or) specific actions to legal entities and citizens;

Registration of acts, documents, rights, objects, as well as the issuance of individual legal acts

The federal service may be subordinate to the President of the Russian Federation or be under the jurisdiction of the Government of the Russian Federation.

The FS is not entitled to carry out legal regulation in the established field of activity (except in cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation), and federal Service for supervision - also the management of state property and the provision of paid services.

federal agency- the federal executive body, carrying out in the established field of activity the functions of providing public services, state property management and law enforcement functions, with the exception of control and supervision functions.

Functions for the provision of public services are understood as functions for the provision of public services are understood as the provision by federal executive bodies directly or through their subordinate federal state institutions or other organizations, free of charge or at prices regulated by state authorities, of services to citizens and organizations in the field of education, healthcare, social protection population and in other areas established by federal laws.

The federal agency is headed by the head (director) of the federal agency. A federal agency may have the status of a collegial body.

A federal agency may be subordinate to the President of the Russian Federation.

The FA is not entitled to exercise legal regulation in the established area of ​​activity and functions of control and supervision (except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation).