System of public authorities

The Russian government has three levels of public (people's) power: the federal center, the constituent entities of the Russian Federation, and local self-government. Each level has its own exclusive competence, which authorities at other levels of government have no right to interfere with. In addition, state power is divided into legislative, executive and judicial. The bodies of each type of government are independent*.

* The founders of the theory of separation of powers, J. Locke (England) and C. Montesquieu (France), proceed from the fact that absolute power spoils a person and it is necessary to limit any power. The legislative power should belong to the people and accumulate their will, and the executive power should belong to the monarch.

The principle of separation of powers is widespread in the world, although it manifests itself specifically in each case.

So, in England since the 30s of the 19th century. Parliament (House of Commons) and the executive branch function in unity: the parliamentary majority forms the government, ministers are appointed from among the deputies and remain in ministerial positions.

In the USSR there were all branches of government (legislative, executive, judicial), operating under the leadership of the CPSU. But the Soviet government was united, the executive power was formed by representative power, i.e. these branches of government were not independent.

State power is exercised by the President of the Russian Federation, the Federal Assembly (Federation Council and State Duma), the Government of the Russian Federation, the courts of the Russian Federation, and state authorities of the constituent entities of the Russian Federation (Fig. 2.1).

President of Russian Federation is the head of state, the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. It ensures the coordinated functioning and interaction of government bodies; determines the main directions of the state’s domestic and foreign policy, represents Russia within the country and in international relations, takes measures to protect the sovereignty of Russia, its independence and state integrity.

Rice. 2.1. Structure of federal authorities

The President of the Russian Federation is not legally part of the system of any branch of government (legislative, executive, judicial); he, as it were, rises above government institutions, interacts between them and when making decisions is guided by the general will, i.e. the will of the majority of voters.

The President of the Russian Federation appoints senior officials of the state, including the Chairman of the Government of the Russian Federation (with the consent of the State Duma), Deputy Chairman of the Government of the Russian Federation and federal ministers; calls elections of the State Duma, referendum; signs and promulgates federal laws; issues decrees and orders; is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and performs other national functions.

The President of the Russian Federation applies conciliation procedures in case of disagreements between government bodies; he has the right to suspend acts of the executive power of constituent entities of the Russian Federation in case of contradiction with the Constitution, federal laws, international obligations of Russia or violation of human rights and freedoms until this issue is resolved by the appropriate court.

Under the President of the Russian Federation there are bodies that ensure the implementation of domestic and foreign state policies. The apparatus for carrying out the functions of the head of state is Administration of the President of the Russian Federation. It acts as a state governing body. The Administration includes independent units and officials. Councils on areas of activity have been formed. The main responsibilities of the Administration of the President of the Russian Federation are direct services, supervision at the federal level, work with regions, and international politics. The administration controls the execution of decrees and carries out the policies of the President of the Russian Federation.

Councils in the Administration of the President of the Russian Federation are permanent advisory bodies. They inform the President of the Russian Federation about the processes taking place in a particular area, and ensure the interaction of the President of the Russian Federation with organizations and figures in this area. Organizational support for the activities of each Council is provided by Main Directorate of Internal Policy of the President of the Russian Federation. The decisions of the Council are advisory in nature and are sent to the President of the Russian Federation, the relevant government bodies of the Russian Federation and the constituent entities of the Russian Federation.

Federal Assembly

The representative and legislative body of the Russian Federation is the permanent Federal Assembly - Parliament of the Russian Federation, consisting of two chambers - Federation Council And State Duma. The Federation Council is formed by two representatives from each subject of the Russian Federation (one each from the representative and executive authorities). The State Duma is elected for four years and consists of 450 deputies who work on a professional basis.

The Federation Council and the State Duma form committees and commissions and hold parliamentary hearings on issues within their jurisdiction. To monitor the execution of the federal budget, the Parliament establishes the Accounts Chamber.

Parliament is called upon to express the opinion of the people, ensure the implementation of the requirements of the Constitution and create the legal basis of the rule of law. The main criterion for the effectiveness of parliamentary work is the quality and . timeliness of adopted laws.

In the practice of Western democracies, parliament controls the government and limits the scope of its activities. In parliament, the activities of the ruling party are under constant surveillance by the opposition, which, although generally loyal and responsible, is always ready to challenge the government party in elections. The ruling party, in turn, is aware of the possibility of moving into the opposition.

Members of Parliament are required to behave in accordance with the adopted code of conduct. They are prohibited from actively lobbying the interests of non-parliamentary structures in hopes of remuneration.

Parliament is formed on the basis of suffrage. There are two types of electoral systems.

1. Majoritarian - deputies are elected one from each district into which the country is divided (USA, UK).

2. Proportional - elections are held according to party lists and seats are divided in accordance with the votes cast for each of them (continental Europe).

The first is called Anglo-Saxon, it is inherent in classical democracy; It is characterized by a 2-3 party system. The winning party rules the country, the losing party forms the opposition, learning from the defeat. Countries with majoritarian systems are the most resistant to authoritarianism. In a proportional system, voters vote for a list without specific names. Future deputies no longer depend on voters, but on the leadership of their party. Stability in parliament is maintained as long as the interests of any party are not violated.

The first steps towards a new parliamentarism were taken in March 1989 with elections to the Congress of People's Deputies of the USSR.

After the adoption of the Declaration of State Sovereignty of Russia, the new Constitution, as a result of the work of the State Duma of the convocations of 1993, 1995. the procedure for alternative election campaigns has been established.

The Congresses of People's Deputies of the USSR and the RSFSR combined legislative, administrative and control functions. The powers of the modern parliament are clearly separated from the powers of other government bodies. Parliament is vested with the following types of competence:

Legislative;

Formation of government bodies;

Financial;

Control;

Ratification and denunciation of international treaties.

Council of the Federation

Council of the Federation expresses the interests of the regions, acts as an instrument of stability, serves as a mediator between the President of the Russian Federation and the State Duma when adopting laws, and neutralizes potential conflicts by using conciliation procedures.

The jurisdiction of the Federation Council includes:

Approval of changes in borders between constituent entities of the Russian Federation, decrees of the President of the Russian Federation on the introduction of martial law or a state of emergency;

Resolving the issue of using the Armed Forces outside Russian territory;

Calling elections for the President of the Russian Federation, removing him from office;

Appointment to the position of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, the Deputy Chairman of the Accounts Chamber and half of its auditors.

Federal laws adopted by the State Duma on the following issues are subject to mandatory consideration by the Federation Council:

Federal budget, federal taxes and fees;

Financial, currency, credit, customs regulation, money issue;

Ratification and denunciation of international treaties of Russia;

Status and protection of the Russian state border;

War and peace.

The Federation Council adopts resolutions by a majority vote of the total number of its members.

A reform of the Federation Council is being carried out, aimed at improving the procedure for its formation in order to more consistently implement the principle of separation of powers. Membership of the heads of executive power in the Federation Council contradicts this principle. The Federation Council cannot work on a permanent basis. The heads of the executive branch receive parliamentary immunity, although they manage material and financial resources.

According to the new provision, the representation of the executive branch in the legislative body is terminated, and the activities of the chamber are carried out on a permanent basis. This allows the heads of executive power of the constituent entities of the Russian Federation to focus on work in their regions.

For reference State Duma relate:

Resolution of the issue of confidence in the Government of the Russian Federation, consent to the appointment of the Chairman of the Government of the Russian Federation;

Appointment and dismissal of the Chairman of the Central Bank of Russia, the Chairman of the Accounts Chamber and half of its auditors, the Commissioner for Human Rights;

Announcement of amnesty;

Bringing charges against the President of the Russian Federation for his removal from office;

Adoption of federal laws.

The State Duma forms committees, factions, deputy groups, and combines legislative and legislative activities. The mechanism of interaction between State Duma structures during the passage of bills meets classic parliamentary requirements. All current work on draft laws is carried out in 27 committees. If the project is approved by a majority vote of the committee and does not encounter serious objections from the faction, then it is likely to be adopted by the Duma.

Lawmaking has a conceptual and technical side. First, the bill must obtain the consent of interested parties on the concept, and then the technical side of developing the law begins.

The State Duma is often criticized for passing few laws, and for passing the wrong laws. But, for example, the land code was not adopted not because it is not ready (it has been ready for a long time), but because the branches of government have different views on its concept. In world practice, the bulk of bills are prepared and introduced by the government. And this is correct, because the deputy has one full-time assistant, and the government has a huge apparatus, except for the ministries (in Russia it accounts for no more than 20% of the projects submitted). Therefore, calls to send more legal professionals to parliament are naive.

Over the years of work of the State Duma, more than a thousand bills have been considered, 690 of them were adopted, and only 487 were signed by the President of the Russian Federation.

Despite the separation of powers and the proclamation of the rule of law, the legislative branch is the unloved child of a significant part of society, especially in the media. One of the reasons is that its constitutional framework is narrow, its powers are reduced, and its control and supervisory functions are reduced to a minimum.

The current Constitution of the Russian Federation gives parliament the right to express no confidence only in the government as a whole. At the same time, he cannot quickly respond to decisions and actions of specific government members that cause dissatisfaction among citizens. Granting such a right would make it possible to make personnel changes without resorting to a complete resignation of the government.

Federal executive power

The system of federal executive authorities includes:

1. The Government of the Russian Federation, consisting of:

Chairman of the Government of the Russian Federation;

Deputy Prime Ministers of the Russian Federation;

Federal Ministers;

2. Ministry of the Russian Federation;

3. Other federal executive authorities.

The Chairman of the Government of the Russian Federation, first deputies and deputy chairmen of the Government of the Russian Federation, ministers of finance, foreign affairs, internal affairs, defense, justice, economic development and trade, the chief of staff of the Government of the Russian Federation form the Presidium of the Government of the Russian Federation. The head of the Central Bank of the Russian Federation, the special representative of the President of the Russian Federation for relations with international financial organizations, and the head of the Russian Academy of Sciences take part in the work of the Government of the Russian Federation along with members of the presidium.

The structure of federal executive authorities includes ministries and departments that ensure the implementation by the Government of the Russian Federation of the powers assigned to it, and is approved by decree of the President of the Russian Federation.

Federal executive authorities are divided into:

Subordinate to the Government of the Russian Federation;

Subordinate to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation, or in accordance with the law.

Industry departments have forecasting, analytical and operational management structures; the former coordinate work with the Ministry of Economic Development and Trade of the Russian Federation and other departments of the economic bloc, the latter - with enterprises and institutions.

Government of the Russian Federation:

Develops and submits to the State Duma the federal budget, ensures its execution, and reports on this to the State Duma;

Ensures the implementation of a unified financial, credit and monetary policy, policy in the field of culture, science, education, healthcare, social security, and ecology;

Carries out the management of federal property, measures to ensure the country's defense, state security, implementation of Russian foreign policy, the rule of law, the rights and freedoms of citizens, the protection of property and public order, the fight against crime;

Coordinates the activities of federal executive authorities on economic reform; social sector reform, housing and construction policy; reform of the scientific sphere and infrastructure sectors; national, regional policy, cooperation with CIS member states; law enforcement;

Exercises other powers assigned to him by federal laws and decrees of the President of the Russian Federation;

The Government of the Russian Federation issues decrees and orders and ensures their implementation. Decrees and orders of the Government of the Russian Federation are mandatory for execution in the Russian Federation. If they contradict the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, they can be canceled by the President of the Russian Federation.

Chairman of the Government of the Russian Federation determines the main directions of activity of the Government of the Russian Federation and organizes its work. According to the Decree of the President of the Russian Federation of March 17, 1997 No. 249,; The Chairman of the Government of the Russian Federation coordinates the activities of federal executive authorities that carry out public administration in the field of foreign economic relations, defense and security of the country.

The system of federal executive authorities is formed by ministries (federal ministries), state committees of the Russian Federation, federal commissions, federal services of Russia, Russian agencies, federal supervisions of Russia.

Ministry as a federal executive body, carries out state policy and manages the relevant field of activity, and also coordinates the activities of other federal executive authorities in this area. It performs coordination functions in cases established by federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. The Ministry is headed by the Minister of the Russian Federation (federal minister), who is part of the Government of the Russian Federation. Federal ministers are appointed and dismissed by the President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation. Deputy federal ministers are appointed and dismissed by the Government of the Russian Federation, unless otherwise established by federal constitutional laws and federal laws.

State Committee of the Russian Federation, Federal Commission of Russia are federal executive authorities that carry out, on a collegial basis, intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain field of activity. The State Committee of the Russian Federation and the Federal Commission of Russia are headed, respectively, by the Chairman of the State Committee of the Russian Federation and the Chairman of the Federal Commission of Russia.

Federal Service of Russia, Russian agency, federal supervision of Russia carry out special (executive, control, licensing, regulatory and other) functions in established areas of competence. The federal service is headed by the head (director) of the federal service, the Russian agency is headed by the general director of the Russian agency, federal supervision is headed by the head of the federal supervision of Russia.

Appointment and dismissal of heads of state committees, federal commissions, federal services, Russian agencies and federal supervisions of Russia, except for 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, federal constitutional laws and federal laws, carried out by the Government of the Russian Federation. Heads of federal executive bodies subordinate to the President of the Russian Federation are appointed to and dismissed from office in a specially established manner.

The creation of federal executive bodies, their reorganization and liquidation are carried out by the President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation.

Regulations on federal executive bodies subordinate to the President of the Russian Federation are approved by the President of the Russian Federation, and on other federal executive bodies - by the Government of the Russian Federation. The names of federal executive authorities are determined in accordance with their structure, approved by the Decree of the President of the Russian Federation (Appendix 1).

Resolutions of the Government of the Russian Federation establish the maximum number of staff of ministries in the center and in the territories, the wage fund, the quantitative composition of the board, the number of deputy ministers, including first ones. The costs of maintaining the central apparatus and territorial bodies are financed from the federal budget under the heading “Public Administration”.

Departments are formed within ministries. The department coordinates and regulates one of the major areas of economic or socio-economic activity of the state, solves problems of federal or sectoral significance with a high level of autonomy within the functions of the relevant federal executive body.

The number of senior and main positions of civil servants in federal executive bodies is determined. The number of leading positions of civil servants should not exceed 10%, and senior positions - 40% of the total number of employees of these bodies. The staffing level of a department cannot be less than 35 units, a department - less than 20, a department - less than 10, a department within a department (administration) - less than 5 units. A department or management cannot have less than three divisions.

Under the Government of the Russian Federation there is a wide network of coordinating, advisory and other bodies: government commissions, federal commissions under the Government of the Russian Federation, operational commissions, expert councils, working groups, organizational committees; the number of such structures is about 50 (commissions for ensuring federal budget revenues from privatization funds; on CIS issues; on customs and tariff issues; on protective measures in foreign trade; on auditing activities, etc.).

So, the main tasks Food Commission are resolving issues of providing the population with food through the formation of federal food funds and reserves, ensuring the supply of material and technical resources to villages, coordinating the activities of executive authorities of the Russian Federation and constituent entities of the Russian Federation in sowing, harvesting, monitoring the use of land and the introduction of industrial technologies.

The commission hears at its meetings the heads of executive authorities of the Russian Federation and constituent entities of the Russian Federation on the progress of implementation of the relevant decisions of the President of the Russian Federation and the Government of the Russian Federation. The decisions of the commission are documented in a protocol and are subject to mandatory consideration within a period of no more than one month by executive authorities of the Russian Federation and constituent entities of the Russian Federation, enterprises and associations to which the decisions relate. If necessary, the commission's decisions are formalized in the form of a resolution or order of the Government of the Russian Federation. Meetings of the commission are held as necessary, but at least once a quarter according to plans agreed upon with the interested federal executive authorities. The meetings are attended by heads and responsible employees of executive authorities, heads of enterprises and associations.

In order to increase the efficiency of interaction with the chambers of the Federal Assembly, strengthen the role of the Government and federal executive bodies in the legislative process, the Government of the Russian Federation has established its authorized representation in the Federal Assembly. Its members include the plenipotentiary representative of the Government of the Russian Federation in the State Duma, the plenipotentiary representative in the Federation Council, secretaries of state - deputy ministers and other heads of federal executive bodies. They participate in the meetings of the chambers, in the work of committees and commissions of parliament.

To exercise their powers, federal executive bodies may create their own territorial bodies and appoint appropriate officials. They may also delegate to the executive authorities of the constituent entities of the Russian Federation the exercise of part of their powers, if this does not contradict the Constitution of the Russian Federation and federal laws. In turn, the executive authorities of the constituent entities of the Russian Federation, by agreement with the federal executive authorities, can transfer to them the exercise of part of their powers. Within the jurisdiction and 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 unified system of executive power of the Russian Federation.

In order to strengthen the coordination of the activities of the executive authorities of the Russian Federation and the constituent entities of the Russian Federation, councils have been formed under leading ministries and departments, acting as advisory bodies. They include senior officials of ministries and departments and representatives of executive authorities of the constituent entities of the Russian Federation.

The work of executive authorities is hampered by frequent reorganizations, including those of the Government of the Russian Federation. After the reorganization, the department needs several months to begin normal functioning; until then, urgent matters remain in the background. Often innovations are limited to changing the name, although such undertakings require considerable expenses (forms, stamps, etc.).

So, for 13 months of 1998-1999. The structure of federal executive authorities changed three times. The Ministry of General and Special Education was renamed the Ministry of Education. State Land Committee - State Committee on Land Policy. The Federal Construction Authority has changed its name 6 times since 1992*.

* The US Census Bureau (analogous to Goskomstat) has not changed its name for 200 years, the statistical services of Great Britain and France - 100 years.

Despite the fact that governance is based mainly on Western models with an emphasis on liberal democracy, the monarchical principles of the Russian Empire are also promoted in society as a model.

At the head of Russia was a tsar, an emperor, who ruled alone. The highest legislative body is the State Council, its members were appointed by the tsar. Bills acquired force after their approval by the king. The composition of the Committee of Ministers was also approved by the tsar;

The Governing Senate, headed by the Chief Prosecutor, included heads of departments, senators, also appointed by the Tsar; there was a vertical system: Emperor - Governor with direct subordination.

The administrative-territorial division was based on ease of management. There was a distinction between a general administrative-territorial division and a special one: general - for the purposes of general government administration, special - for the management of individual departments, groups of territorial units. The country was divided into general governorships, provinces, regions, city governments, districts, districts, volosts, and camps. At the beginning of the 20th century. in Russia there were:

General Governments - 8

Province - 78

Regions - 18

City authorities - 4

Military governorates - 2 (Kronstadt, Nikolaev). The provinces were divided into two groups:

In the provinces of the first group, new zemstvo and city self-government bodies operated, while traditional administrations ceded some of their functions to them;

In the provinces of the second group, all police, administrative, economic and financial levers of control were still concentrated in the hands of governors.

All officials from the governor general to the bailiff were appointed.

The main features of state power:
  • public character;
  • sovereignty of state power;
  • legitimacy;
  • unity;
  • separation of powers;
  • based on laws.

The jurisdiction of the Russian Federation includes, in particular, the following:

  • regulation and protection of human and civil rights and freedoms;
  • resolving issues of citizenship in the Russian Federation;
  • establishing a system of federal government bodies, the order of their organization and activities;
  • establishing the legal framework for the single market; financial, currency, customs regulation;
  • establishment ;
  • foreign policy and international relations of Russia;
  • national defense and security;
  • judicial system, prosecutor's office, criminal, civil, procedural legislation, as well as some other issues.

At the same time, the Constitution of Russia establishes subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

These include, for example:
  • ensuring law and order;
  • issues of ownership, use and disposal of land;
  • delimitation of state property;
  • environmental issues;
  • , family, housing, land legislation and some other issues.

Outside of these areas of jurisdiction, the subjects of the Russian Federation have full state power.

Some subjects of the Russian Federation have concluded special agreements with the Russian Federation on the delimitation of their competence, which supplement and clarify the provisions of the Constitution of Russia.

If the Russian Federation adopts a normative act that goes beyond its competence, then only normative acts of the constituent entities of the Russian Federation are in force. And vice versa, regulatory acts of constituent entities of the Russian Federation that go beyond the scope of their competence have no legal force.

Government departments

Government body- this is a structural element of the state mechanism, possessing powers in certain areas and areas of state activity.

Distinctive features of government bodies:
  • public authorities are formed by law;
  • each state body is endowed with certain competencies;
  • financed from the federal budget;
  • in their activities reflect the tasks and.
Basic principles that guide state bodies:
  • the principle of separation of powers (independent functioning of each branch of government in order to eliminate arbitrariness and arbitrariness in their activities);
  • the principle of transparency (informing the population about the activities of government bodies);
  • the principle of legality (strict compliance with the Constitution and laws by all authorities);
  • the principle of priority of human and civil rights and freedoms;
  • the principle of professionalism (only professionals should work in government agencies).

Types of state bodies:

Main types of authorities:
  • head of state (monarch or president);
  • legislative (representative) bodies of state power;
  • executive bodies of state power;
  • judicial bodies of state power.

Head of State

President of Russian Federation is the head of . He acts as a guarantor and takes measures to protect the sovereignty of Russia, its independence and territorial integrity. The President determines the main directions of the country's domestic and foreign policy.

The President is elected by 6 years based on universal direct secret ballot. The same person cannot hold the office of president for more than two consecutive terms.

The President appoints the Chairman of the Government, forms and heads the Security Council, calls elections to the State Duma, signs and promulgates federal laws, and signs international treaties of Russia. He is also the Supreme Commander of the country's Armed Forces.

The President issues decrees and orders. In some cases, he may be removed from office early, for which a certain procedure is applied.

Federal Assembly

The Federal Assembly, or Parliament of the Russian Federation, is the highest representative and legislative body of the Russian Federation. The Federal Assembly consists of two chambers - Federation Council and State Duma.

IN Council of the Federation includes two representatives from each subject of the Russian Federation: one from the representative body, the other from the executive body of state power. Thus, the Federation Council has 178 members.

The State Duma consists of 450 deputies who are elected for a term of 4 years. Deputies of the State Duma work on a professional basis; they cannot be in public service or engage in other paid activities (except for teaching, scientific and creative activities).

The Federation Council and the State Duma elect their chairmen from among their members.

The main function of the Federal Assembly is the adoption of federal laws.

Procedure for adopting federal laws

The draft law first goes to the State Duma, where it is adopted by a simple majority of the total number of deputies. Then the law goes to the Federation Council, which can consider it within 14 days and adopt it by a simple majority vote of the total number of members of this chamber. If a law is not considered by the Federation Council within the specified period, then it is usually considered adopted (with the exception of some laws on the budget, taxes and finances, as well as laws relating to international treaties).

A law rejected by the Federation Council is returned to the State Duma, after which either a conciliation commission is formed from representatives of both chambers, or the State Duma re-adopts it, which requires 2/3 votes.

The adopted federal law is sent for signature to the President of the Russian Federation, who must sign and make it public within 14 days.

A law rejected by the president can be considered again by the Federal Assembly. If, upon re-examination, a federal law is approved in a previously adopted version by a majority of 2/3 votes in both one and the other chambers of parliament, then it must be signed by the president within 7 days.

Government of the Russian Federation

The Government of the Russian Federation carries out executive power of the Russian Federation. It consists of the Chairman, his deputies and federal ministers.

The Chairman of the Government submits to the President of the Russian Federation proposals on the structure of executive authorities.

The government develops and submits to the State Duma and ensures its implementation. The government also ensures the implementation of a unified financial, credit and monetary policy, a unified state policy in the field of culture, science, education, health care and social security. It takes measures to ensure law and order, and to combat crime.

The government adopts decrees and orders on issues within its competence. They are mandatory in the Russian Federation.

Judicial branch

Judicial power is exercised through constitutional, civil, administrative and criminal proceedings.

Justice in Russia is administered only by the court. Judges are independent. They obey only the law. Judges are irremovable and have immunity. Proceedings in all courts are open, except for cases provided for by federal law (for example, the need to maintain state secrets).

The court system consists of three parts: the Constitutional Court of the Russian Federation; courts of general jurisdiction; arbitration courts.

The Constitutional Court of the Russian Federation decides cases on the compliance of the Constitution of the Russian Federation: federal laws and regulations of the President of the Russian Federation, the chambers of the Federal Assembly and the Government of the Russian Federation, as well as laws and other regulations of the constituent entities of the Russian Federation. The Constitutional Court considers some disputes about competence arising between public authorities, as well as complaints about violations of the rights and freedoms of citizens.

Courts of general jurisdiction consist of the Supreme Court of the Russian Federation, courts of constituent entities of the Russian Federation and local (city and district) people's courts. They consider civil cases (with the participation of citizens), as well as criminal, administrative and some other cases.

Arbitration courts consist of the Supreme Arbitration Court of the Russian Federation, federal district courts and arbitration courts of the constituent entities of the federation. They consider economic disputes.

Supervision of legality in the country is carried out by the prosecutor's office of the Russian Federation.

The activities of federal executive authorities are regulated by the Constitution of the Russian Federation, the federal constitutional law of the Russian Federation “On the Government of the Russian Federation” dated December 17, 1997, as amended and supplemented by December 31, 1997, other laws, and by-laws of the President and the Government.

According to Art. 110 of the Constitution of the Russian Federation, executive power in Russia is exercised by the Government of the Russian Federation, which, in accordance with Art. 1 of the Law “On the Government” is the highest executive body of state power, both directly exercising executive power and heading the unified system of executive power in the Russian Federation. The Government of the Russian Federation is a body of general competence that manages various spheres of the economy on a collegial basis.

According to Art. 12 of the Law The Government directs the work of federal executive bodies and controls their activities, they are subordinate to it and are responsible to it for the implementation of assigned tasks; The government has the right to cancel acts of federal executive authorities or suspend the validity of these acts, etc.

However, the most important role in the executive power of the federal level is played by the President, who, being the head of state and in many ways occupying a position as if “above the branches of government”, also has key powers in the sphere of executive power, including in determining the domestic and foreign policy of the state ; appointment and dismissal of the Chairman of the Government, his deputies and federal ministers; direct management of the activities of federal executive authorities subordinate to him on issues within his competence by the Constitution of the Russian Federation, federal constitutional and federal laws, his own decrees, etc.

The system of federal executive authorities of the Russian Federation includes: ministries (federal ministries), state committees, federal commissions, federal services, Russian agencies, federal oversight bodies, as well as the Administration of the President of the Russian Federation.

Based on the nature of their competence, federal executive authorities are divided into sectoral and intersectoral; based on the specialization of their functions, they are divided into control and supervisory bodies, as well as bodies that perform specific functions of the state.

By areas of activity, federal executive authorities can be divided as follows:

a) the sphere of economics and finance - ministries: economics; finance; foreign economic relations and trade; state property; fuels and energy; agriculture and food; communication routes; transport; state committees: on communications and information; according to statistics; on antimonopoly policy; on support and development of small businesses; on housing and construction policy; on standardization, metrology and certification; on state reserves; State Customs Committee; Federal Securities Market Commission and others; departments: Federal Service for Insolvency and Financial Recovery; State Tax Service; Gosgortekhnadzor and others.

b) social sphere - ministries: labor and social development;

healthcare; state committees: on physical culture and tourism; on Northern development issues; departments: Federal Migration Service.

c) the sphere of science, culture and education - ministries: science and technology; culture; general and vocational education; state committees: state committees for cinematography, press, youth affairs;

State Higher Attestation Committee; departments: Federal Service for Television and Radio Broadcasting; Federal Archive Service.

d) the sphere of natural resources management and environmental protection - the Ministry of Natural Resources; state committees: for environmental protection; on land resources and land management; federal services: hydrometeorology and environmental monitoring;

geodesy and cartography; departments: Federal Forestry Service.

e) the sphere of ensuring the rule of law, public and state security, defense - ministries: defense; internal affairs; Justice; Ministry of Civil Defense, Emergency Situations and Disaster Relief; departments: Federal Security Service; Federal Border Service; Federal Security Service; Foreign Intelligence Service; Federal Tax Police Service and others.

f) sphere of foreign policy and international relations - ministries: foreign affairs; on cooperation with the CIS member states; foreign economic relations and trade.

The activities of a number of bodies extend to several areas. For example, the State Committee for the Development of the North is designed to help solve both economic and socio-cultural problems of the northern territories; the State Customs Committee, in addition to the function of collecting customs duties, also performs certain law enforcement functions; The Ministry of Foreign Economic Relations and Trade combines both the functions of regulation and supervision of domestic trade and activities on international economic cooperation.

In order to ensure a coordinated policy of federal executive bodies on issues related to the sphere of joint activities, ministries coordinate the work of other federal bodies in accordance with the structural scheme approved by the Government. For example, educational institutions are part of many ministries and departments, but the Ministry of General and Vocational Education provides methodological guidance to these institutions and develops state educational standards. Or, for example, many instructions and instructions from the Ministry of Health are mandatory for the medical services of the Ministries of Defense, FSB, Ministry of Internal Affairs and other bodies.

The system (i.e. types of organizational and legal forms), structure (i.e. specific list) of federal executive authorities, as well as the procedure for their creation, reorganization and liquidation are determined by Decrees of the President of the Russian Federation. Depending on the nature of the powers of the federal body, as well as the legal status of its head, the system provides for three groups of federal executive authorities:

Ministries;

State committees, federal commissions;

Federal services, Russian agencies, federal supervisions.

1) Ministry - a federal executive body that pursues state policy and carries out management in the established field of activity, as well as coordinating, in cases established by law, the activities of other federal executive authorities in this field.

The Ministry is headed by a minister (federal minister) who is part of the Government of the Russian Federation; he is appointed and dismissed by the President at the proposal of the Chairman of the Government. Deputy federal ministers are appointed and dismissed by the Government of the Russian Federation, unless otherwise provided by law (this exception applies primarily to deputy “power” ministers).

In ministries, as well as in a number of other federal executive bodies, advisory bodies - collegiums - are created. They consist of senior officials of the ministry; their composition may also include scientists, government and public figures. The composition of the board is approved by the Government of the Russian Federation.

Federal ministers manage the relevant federal executive bodies on a single-institutional basis: they issue orders, instructions, and other documents of a normative and individual nature. In addition, according to Art. 26 of the Law “On the Government”, the powers of federal ministers consist in participating with a casting vote in meetings of the Government of the Russian Federation, in preparing resolutions and decisions

orders of the Government of the Russian Federation, ensuring their implementation, in the development and implementation of the policy of the Government of the Russian Federation. In their activities, ministers are accountable to the President of the Russian Federation and the Government of the Russian Federation, and on issues of compliance with legislation - also to law enforcement and control authorities.

Legally, all ministries are equal and cannot be under administrative subordination, however, they can coordinate their work by concluding contracts and agreements on joint activities, including in resolving issues that require the interaction of various structures, for example, in the implementation of federal target programs, in the fight against crime, etc.

2) The State Committee of the Russian Federation, the Federal Commission of Russia - federal executive authorities that, on a collegial basis, carry out intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain field of activity. The state committee and the federal commission of the Russian Federation are headed by the Chairman, appointed and dismissed by the Government of the Russian Federation.

3) Federal Service of Russia, Russian Agency, Federal Supervision of Russia - federal executive authorities that carry out special (executive, control, licensing, regulatory and other) functions in established areas of jurisdiction. The Federal Service of Russia is headed by a head (director); Russian agency - general director; Federal supervision - chief. The heads of these federal executive bodies are appointed and dismissed by the Government of the Russian Federation, with the exception of the heads of bodies subordinate to the President of the Russian Federation. The federal executive bodies, which, according to the Constitution of the Russian Federation and federal legislation, are directly subordinate to the President of the Russian Federation, include bodies ensuring state and public security and the fight against crime, the sovereignty and territorial integrity of the state, the inviolability of its borders, the production of intelligence information, and bodies engaged in foreign relations. with foreign countries, etc. Their leaders are appointed and dismissed in a specially established manner.

Federal authorities are government bodies exercising authority at the federal level.

The constitutional system of federal bodies of state power is horizontally formed by: a) the Federal Assembly - the Parliament of the Russian Federation - a representative and legislative body of state power; b) the President, the Government and other executive authorities of the Russian Federation and c) federal courts (the Constitutional Court of the Russian Federation, the system of arbitration courts of Russia and the system of courts of general jurisdiction, except for justices of the peace which belong to the courts of the constituent entities of the Russian Federation),

The legislative power in the Russian Federation is represented by the highest legislative body: the Federal Assembly, which consists of two chambers: the State Duma and the Federation Council. It exercises power through the adoption of laws that are binding on everyone on the territory of the Russian Federation.

The executive power in the Russian Federation is represented by a system of federal executive bodies. Powers are exercised by making decisions, regulations, and other by-laws. In addition to the Government of the Russian Federation specified in the Constitution, there are other federal executive bodies - federal ministries, federal services, federal agencies, as well as their territorial bodies. The system of federal executive authorities directly subordinate to the Government of the Russian Federation is approved by the President of the Russian Federation.

The President of the Russian Federation is the head of state, the guarantor of the Constitution of the Russian Federation and ensures the coordinated functioning and interaction of government bodies. In the system of federal bodies it is placed in first place and is not directly assigned to any of the main branches of government.

As in any state, in the Russian Federation there are government bodies that are not part of any of the three powers - legislative, executive and judicial. At the same time, these bodies are created and operate in accordance with the Constitution of the Russian Federation and federal laws. By their status, they are independent government bodies. Such bodies include the following federal government bodies:

1. Prosecutor's Office of the Russian Federation. This is a single federal centralized system of bodies that, on behalf of the Russian Federation, supervise the implementation of laws in force on its territory. The prosecutor's office is regulated by the Constitution of the Russian Federation in Art. 129, found in ch. 7 "Judicial power". However, its location in the Constitution is rather a tribute to the traditional approach, which considered the prosecutor’s office in close connection with the activities of the judiciary. But the prosecutor's office is not a judicial body, and one of its main functions - supervision over the observance of human rights and freedoms, the implementation of laws, etc. - is not directly related to the activities of the judiciary. The prosecutor's office also takes part in law-making activities, coordinates the activities of law enforcement agencies to combat crime and criminal prosecution, as well as a number of other functions.

The Prosecutor's Office operates on the basis of the Federal Law “On the Prosecutor's Office of the Russian Federation” of November 17, 1995, which, in particular, prohibits interference by anyone in the implementation of prosecutorial activities. The Prosecutor General of the Russian Federation is appointed and dismissed by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation. Financing and logistical support for bodies and institutions of the prosecutor's office are carried out from the federal budget. The prosecutor's office cannot be entrusted with performing functions not provided for by federal laws. The Prosecutor General annually submits a report to the chambers of the Federal Assembly on the state of law and order in the Russian Federation and on the work done to strengthen them, which, however, cannot be considered as establishing full accountability of the prosecutor's office.

2. Central Bank of the Russian Federation. The status of the Central Bank of the Russian Federation is determined by the Constitution and the Federal Law “On the Central Bank of the Russian Federation (Bank of Russia)” dated April 26, 1995 (as amended and supplemented). The Constitution of the Russian Federation (parts 1 and 2 of Article 75) establishes that money issuance is carried out exclusively by the Central Bank of the Russian Federation. Its main function is to protect and ensure the stability of the ruble, and it carries out this function independently of other government bodies. The Bank of Russia is not subordinate to the Government of the Russian Federation, although it acts in cooperation with it. He is accountable to the State Duma, which appoints and dismisses the Chairman of the Bank, as well as members of the Board of Directors, upon the recommendation of the President of the Russian Federation. The bank submits an annual report to the State Duma for consideration, as well as an auditor's report.

At the same time, the Law states that, within the limits of its powers, the Bank of Russia is independent in its activities. Federal government bodies, government bodies of constituent entities of the Russian Federation and local self-government bodies do not have the right to interfere in the activities of the Bank in the implementation of its legally established functions and powers. Bank of Russia regulations are mandatory for federal government bodies, government bodies of constituent entities of the Russian Federation and local governments, all legal entities and individuals.

All these norms create a unique status for the Bank of Russia. The Bank is created and in certain forms controlled by the State Duma, but, of course, is not one of the legislative bodies. It is also not an executive body. This is an autonomous body of state power, which, within its competence, does not depend on the President of the Russian Federation, the Federal Assembly, or the Government of the Russian Federation.

Only Federal Law can make changes to the status of the Bank, which, in particular, was done by the Federal Law of June 20, 1996, which established the deadline for submitting to the State Duma the draft main directions of the unified state monetary policy for the coming year and these main directions themselves (no later than October 1 and December 2, respectively).

3. The Accounts Chamber of the Russian Federation is a permanent body of state financial control, formed by the Federal Assembly of the Russian Federation and reporting to it. According to the Federal Law “On the Accounts Chamber of the Russian Federation” dated January 11, 1995, within the framework of its tasks. The Accounts Chamber has organizational and functional independence. This body, provided for by the Constitution of the Russian Federation, exercises control over the execution of revenue and expenditure items of the federal budget and the budgets of federal extra-budgetary funds, determines the effectiveness and expediency of spending public funds and federal property, etc. The Chairman of the Accounts Chamber and half of the auditors are appointed by the State Duma, and the Deputy Chairman and the other half of the auditors is the Federation Council. The functions of the Accounts Chamber are quite broad; no government body has the right to refuse it the required information or to carry out audits and inspections. Its instructions are mandatory.

The Accounts Chamber regularly provides the Federation Council and the State Duma with information on the progress of execution of the federal budget and the results of ongoing control measures. It interacts with the control bodies of the President of the Russian Federation, the Government of the Russian Federation, and the Bank of Russia, not being by its nature a body of legislative or executive power.

It should be noted that the limits of interaction between the Accounts Chamber and executive and judicial authorities have not yet been identified with sufficient clarity. Due to the conflict of federal laws themselves, the powers of the Accounts Chamber conflict with the independent status of the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, based on the principle of separation of powers. Financial control and audits by the Accounts Chamber, not without reason, are perceived by these bodies as a violation of their independence and unacceptable, according to the Constitution of the Russian Federation, control of the legislative body over its internal activities. As a result, a number of incidents arose that prompted the State Duma to protest against the Government of the Russian Federation ignoring the conclusions and recommendations of the Accounts Chamber based on the results of audits and inspections. However, there is no effective mechanism to ensure these conclusions and recommendations yet.

4. The Central Election Commission operates on a permanent basis in accordance with the Federal Law “On Basic Guarantees of Electoral Rights of Citizens of the Russian Federation” dated December 6, 1994. This body manages the activities of election commissions for the elections of the President of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, and also on holding referendums in the Russian Federation.

The Central Election Commission consists of 15 members appointed by the State Duma, the Federation Council and the President of the Russian Federation (5 members each of these bodies). The instructions and explanations issued by the commission are mandatory for all election commissions in the Russian Federation, and in essence are of a normative nature, regulating almost all areas of the preparation and conduct of elections.

The special status of the Central Election Commission is also manifested in the complete lack of control and accountability in relation to any government body.

5. Commissioner for Human Rights. This body of state power is provided for by the Constitution of the Russian Federation, which establishes that the Commissioner for Human Rights is appointed and dismissed by the State Duma. The rights and tasks of this official are determined by the Federal Constitutional Law of February 26, 1997. The Commissioner is called upon to provide guarantees of state protection of the rights and freedoms of citizens, from which it follows that when carrying out his functions he must remain independent and not accountable to any government bodies and officials .

6. Academy of Sciences. In accordance with the Federal Law “On Science and State Scientific and Technical Policy” of August 23, 1996, the Russian Academy of Sciences, branch academies of sciences (Russian Academy of Agricultural Sciences, Russian Academy of Medical Sciences, Russian Academy of Education, Russian Academy of Architecture and Construction Sciences, Russian Academy of Arts) have state status, are established by federal authorities, and are financed from the federal budget.

The Russian Academy of Sciences and branch academies of sciences include scientific organizations and other institutions and enterprises of scientific services and the social sphere.

The structure of the Russian Academy of Sciences and branch academies of sciences, the procedure for the activities and financing of their constituent scientific organizations in the field of scientific services are determined by them independently. The work of academies is led by elected presidiums and presidents; academies are created, reorganized and abolished upon the recommendation of the Government of the Russian Federation by the legislative bodies of the Russian Federation. At the same time, they are recognized as self-governing organizations operating on the basis of the legislation of the Russian Federation and their own charters. Academies submit reports to the President of the Russian Federation and the Government of the Russian Federation on scientific research conducted and their results.

Numerous other academies, which are types of public associations, have nothing in common with academies that have state status.

Thus, the Constitutional system of federal bodies of state power is horizontally formed by: a) the Federal Assembly - the Parliament of the Russian Federation - a representative and legislative body of state power; b) the President, the Government and other executive authorities of the Russian Federation and c) federal courts (the Constitutional Court of the Russian Federation, the system of arbitration courts of Russia and the system of courts of general jurisdiction, except for justices of the peace which belong to the courts of the constituent entities of the Russian Federation),

Russian governing bodies.
Administrative power represents the organizational initiative of the rule of law state.
The state apparatus became the highest administrative body in the country.
In its practical activities, the country's leadership relies on the Constitution, Federal Law No. 2 of December 17, 1997.
The Administration includes:
Chairman of the Government of the Russian Federation;
His assistants are 7 people;
Federal ministers.
He is appointed to the position by the head of state with the direct consent of the State Duma. He gives the Supreme Commander-in-Chief a developed and approved list of administrative authorities for signature.
The administration also helps the country's leadership manage executive bodies in accordance with the order issued by the head of state on March 9, 2004. The composition of administrative state authorities includes:
- state departments
- government agency
- federal agencies
The division took place according to the following functional principle:
- departments that develop application programs aimed at qualitatively improving people's lives;
- institutions supervise the construction of residential buildings, and also deal with special tasks in the field of civil defense, state security, monitoring illegal immigrants and spies crossing the borders of our vast homeland, combating banditry, and maintaining public order;
- agencies specialize in providing feasible financial assistance to citizens, manage state property of officials, and deal with financial litigation of citizens.
The composition of the authorities is determined by order of the Supreme Commander-in-Chief No. 649 of May 20, 2004. And it is represented by 3 blocks:
First block Political authorities under the personal control of the president:
Ministry of Internal Affairs - police;
FMS – migration service;
Ministry of Emergency Situations - Min. Russian Federation for civil defense, emergency situations and disaster relief;
MFA - diplomacy;
Ministry of Defense;
FSMTS - service for military cooperation;
Ros defense order;
FSTEC - control service;
Special system;
Ministry of Justice - Justice;
FSIN;
The register grew;
FSSP;
Department of Affairs under the President of Russia

Second block of the Ministry and departments:
Ministry of Health and Social Affairs development;
Consumer surveillance grew;
Ros health supervision;
Labor grew;
FMBA – biological agency;
Ministry of Culture;
Ros archive;
Min arr. Sciences;
Ministry of Nature;
Roshydromet;
Natural supervision grew;
Ros water resources;
The depths grew;
Ministry of Industrial Trade;
Ros standard;
Ministry of Regional Development;
Mikom connection;
Roscom supervision;
Ros print;
RosSvyaz - Federal Communications Agency;
Ministry of Agriculture;
Agricultural supervision grew;
Ministry of Sports Tourism;
Youth grew up;
Tourism grew;
Ministry of Transport;
Transport supervision grew;
Russian Aviation;
Ros highways;
Railways grew up;
Rosmor river fleet;
Ministry of Finance;
Federal Tax Service tax officers;
Financial supervision grew;
Treasury Department;
Ministry of Economic Development;
Gross stat.;
The register grew;
The reserve grew;
Property grew;
Ministry of Energy.

Third block Supervisory committees and departments:
FAS;
FTS;
FST;
Financial control grew;
FFMS;
Space grew;
Ross border;
Fishing grew up;
Alcohol regulation grew;
Ros technical supervision;
Rosleskhoz;
Ros patent.
The composition itself is given in the order of the President, incoming number No. 943, state apparatus No. 788 dated July 16, 2008.
Regulations for interaction between departments. They are prescribed in special clauses of the Code, approved personally by the President of Russia. The government may appoint assistants and heads of departments. The Chairman appoints assistant directors to the federal districts. The personnel arrangement is carried out personally by the President of Russia.
They can create their own councils. Their work schedule is prescribed in a special charter. It was approved by the government on July 28, 2005. Behind the incoming number is No. 452.
Municipalities are increasingly appearing in large and medium-sized cities across the country. The plan for the new municipality is first submitted for discussion to the city district administration. Then the mayor submits the approved plan to the State Duma or higher authorities. The plan along with a report indicating the main issues facing the city district; basic data on geographical locations and, of course, basic calculations of the cost of the project. Despite the question of whose competence the municipality is.
The order to establish a municipality is signed by the director of the committee himself. The order specifies the working conditions of municipal authorities. How they will work and interact with other regions of the country will depend on their effectiveness. The director is solely responsible for the good work of the council itself.



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