Horizontal separation of powers. Separation of powers in the Russian Federation. Horizontal and vertical separation of powers. Political parties can accept donations

The division of power vertically and regional horizontal authorities

The vertical division of power, in other words, between the Federation and the constituent entities of the Federation, has become a real achievement of Russian democracy, our greatest democratic breakthrough. In accordance with the Federal Treaty solemnly signed in Moscow on March 31, 1992 and which became part of the Constitution, the process of delegating power to the republics, other autonomous formations, territories and regions of Russia on a mutual self-critical basis has intensified.

The most significant question: the amount of power independence of the main subjects modern democracy and market economy- enterprises, individuals and legal entities etc. This is the same amount of power that makes it possible to radically improve the lives of direct producers of material goods - the population, each person, creates conditions for individuality and originality.

On the way of such reflections, it seems fruitful to look at each subject of the Federation, from below, from the standpoint of voters. A glance from those who delegate power to their deputies. From such positions, the volume and criterion of the power independence of each region are better seen. A look from the bell tower of a voter, a citizen, allows you to better see the nature of the population, the people living here: material culture, labor traditions, cultural objects, languages ​​of communication, the level of education, the national noosphere, attitude and worldview, the connection between the older generation and the younger ... In a word, everything that the neo-totalitarian, anti-democratic regime simply ignored. After all, we are faced with the task of understanding more clearly the independence of the subject of the Federation and the originality of its manifestation under the Federal Treaty.

The problem of the formation of the Federation itself from top to bottom and from bottom to top is historically in different states the world has given an ambiguous result for the living generations. The peacekeeping function of the parliament consists in the fact that, using the humane content of the Federal Treaty, to ensure the delimitation of powers by delegating power to the subjects of the Federation. Our Federation was formed from top to bottom, and this left its mark on it. In the United States, the federation was formed from the bottom up: and the originality of the states is more vividly manifested through their laws. The collapse of the Union and creation in Russian Federation republics with a new status, new relations with autonomous territories and regions mean an indirect change in Russia as a federal state. Are we aware of this?

The federal model of statehood has the most stable development trend in the world. Of the 160 modern states, 58 have adopted legal structures based on federal principles. Federal forms of government are seen today in the processes of the creation of the European Community. Scientists see clear goals of the new federalism:

Reconciliation of unity and diversity;

Protection of republics, territories, regions from centrist tendencies;

Democratic participation of the population in political life at the local, regional, regional, republican and federal levels of government;

Strengthening the control functions of the representative power over the activities of the administrative apparatus;

Increasing the efficiency of government through regional competition;

Stimulating innovative ideas in regional authorities;

Prevention of the formation of local "leader" regimes.

Federalism is based on the principles of democratic pluralism, and this circumstance brings common basis central and regional authorities through national and regional forms of political life, where the adopted Federal Treaty clearly defines the functions of federal authorities state power Of the Russian Federation, those aspects that relate to the joint jurisdiction of federal bodies of state power and regional bodies state power and, finally, the power of regions and territories is clearly defined. Here, in the focus of such a division of power, the processes of adopting new ones for the Russian Federation begin. legislative norms... It is especially important to emphasize in these conditions the rights of citizens, industrial and social collectives.

In the Russian Federation, since March 1992, the legislative formation of a federal system - a model of a constitutional-democratic state - began. The question arises of revising the criteria along the lines: neo-totalitarianism - nationalism; separatism - regionalism. At the same time, the focus is on new order criteria, conditions for the democratic life of the people.

The division of powers horizontally for the federal and regional levels is represented by the legislative, executive, judicial branches of government, as well as the “fourth estate” - the press. The vertical division of powers is represented by the levels of power: village, city, district, region, republic, federation.

Human, electoral rights which is allowed to delegate the rights of power, transfers it by votes to the level local authorities in a village, in a city, in a district, in a region, in a territory, in a republic, and finally, in a federation. At the levels of government, it is divided into legislative, executive, judicial and press.

The possibility of realizing the concept of separation of powers has become a reality for Russia as well. We have to be aware of the fact that there is a process of rethinking the statuses of the federal legislative, executive and judicial power, no less difficult issues of rethinking the processes of legislative, executive and judicial power in the regions. However, the most difficult and conflicting issues arise at the junctions of the authorities. Where the Federal Treaty outlined the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the authorities of the republics, territories, regions, cities of Moscow and St. Petersburg, as well as autonomous regions and autonomous regions as part of the Russian Federation. It's vertical. Conflict situations arise when issues are resolved at all levels horizontally.

The tsarist regime and its legal successor, the Bolshevik regime, and not only them, convinced the peoples of the world that the multinational structures of states always lead to unification, to equalization, where smaller peoples are assimilated by more numerous. The death of the culture of small peoples and themselves is coming. Unified life in the empire is the path to stagnation, from which the next step is to degradation and collapse. We have passed this path “successfully”. It is important, however, to understand its mechanisms.

These are all necessary initial thoughts about power and its structures. A democratic breakthrough in the vertical division of power is reduced today to the preservation of the conditions of all traditional ties: economic, political, cultural, and other relations that exclude the course of isolation, but at the same time lead to the preservation of the national-state and territorial independence of the subjects of the federation (the official name of the state of Bavaria, by the way, “The free state of Bavaria”, but no calls “to secede from Germany will be heard here).

We need a different one new stage equality of peoples. We must pay more attention to the true thoughts and aspirations of the peoples.

Unfortunately, the compass of our policy only points to the West and America. We do not need to adhere to this orientation only. She is psychologically dependent. We need other sources - internal, deep, Russian. Power and politics are always related phenomena. The most difficult thing at the turns of history is to be able to foresee the scenarios for the development of events and influence them with decisions.

Excessive hope for outside help is always fraught with dire consequences for Russia. Pluralism in politics and culture in its the highest form forms a nationally independent state with a nationally colorful society, where the people act as themselves, without absolutely adapting to the conditions of other nations. America and the West look at the collapse of the Union Empire, at the possible collapse of Russia, alas, with different eyes: here there is fear, and the desire for enrichment, and compassion, and a weak desire to help. That is why the ancient eastern way of crossing a mountain river by a group of people, when each person, "screwing in", moves towards the other slightly against the current, and this group of people is a breakwater, where everyone helps in different ways, participates, but everyone works and no one is idle, still more reliable than Manilov's dreams of how to build a bridge and breed swans in a pond.

Each people of Russia needs a historically justified individual approach. It is time for us politicians to learn to use the best sides of all peoples in their great differentiation. You can list dozens of ruined peoples and territories in the North and South America over five centuries of their development, remember the fate of the aborigines of Australia, Tibet in China and put small peoples in the north of Russia in a row. Look for conditions that would support the revitalization of the vital forces of the peoples themselves. It was for this that the Federal Treaty was developed and adopted.

Federalism is a system of relations within a single state, in which the subjects of the federation have legal conditions to ensure the normal life of people.

Power as a right and an opportunity to activate forces in national and regional political life today takes on the function of correcting former imbalances, in other words, returning people to faith and creating conditions for full self-expression. And here politics as the activity of public authorities and administration begins to look for a real embodiment of the Federal Treaty: to clearly define the functions federal government and regional “government”, administration in legislative or executive decision-making. The Constitution Russian republics The charters of Russian territorial entities on the basis of the signed Federal Treaty make it possible to achieve clarity in relations both among themselves and with the federal authorities.

Russia and its constituent entities of the federation face the process of gradual transformation into a prosperous federal state. And such prosperity can be achieved only from below, from the provinces. Do not wait for manna from heaven in the form of Western help. Improve provincial life, achieve regional prosperity. To do this, the government must be required to turn 180 degrees: from “facing Europe” to “facing the province”. The federal agreement is aimed at ensuring that a strong legal, economic, financial, banking, administrative authority... Russia will be richer, stronger and more confident when large regional programs are independently resolved in republics and territories, regions and open zones. The federal treaty aims to change the way the province is viewed. The document itself was born from the position: "The revival of the province - the revival of Russia."

The federal treaty aims at a broad division of powers between the federal authorities and the authorities of the constituent entities of the Federation along all lines of power: legislative, executive and judicial. It provides for the possibility of treaties between the subjects of the Federation, which is no less important, because it forms strong ties between them, and in a number of cases - agreements in the foreign economic field.

Sometimes one gets the impression that the work of parliamentarians, politicians and lawyers has not yet reached the consciousness of many people, local authorities. But he, the Treaty, is perhaps the first document that allows you to view the legislative, executive and judicial authorities in the region from below and declare their powers. The Russian Federation can restore its diversity in the process of this work, gradually throwing off the shell of the Moscow bird cherry trees. The treaty calls for a widespread revitalization of the province.

Parliament is well aware that strong federal control over local authorities... A prosperous Russia can only be formed by the harmonious work of the authorities at all levels: vertically and horizontally.

Another aspect of the problem is important. The idea of ​​patriotism. In the provinces, it is cleaner and stronger. Here in the provinces we must fight for it. This idea cannot be discarded, as some political forces tried to do, and they are now failing. Today this idea more and more reliably takes possession of people in the "small homeland", in the village, in the region, in the city - where a person lives and works, where his family is.

Excerpts from an article by M. A. Fonvizin "On the obedience of a higher power, and what power must be obeyed" (1823) THE RING OF THE NAPOLEON The happy heir of the French Revolution, Napoleon, gradually reaching the highest power, changed the modest title of consul into a magnificent title

Power vector If you want to make enemies - try to change something. Woodrow Wilson, US President Historian Yuri Zhukov is one of the "revisionists" of all the generally accepted views on events in the USSR at once. In one of his interviews [Sabov A. Stalin's bugbear. Interview with Yu. Zhukov. //

About power More and more noticeable The level of shit in the world, In that shit is already on the roof All the surrounding houses. And the parliament is still bawling: Remove - do not remove! And the parliament chooses: to die - not to die! Give the order - they would be saved immediately: Our people are not crazy, - But so far not

Myth No. 117. Stalin had a passion for power, he usurped power in the party and state and established a regime of personal power in the Soviet Union. These myths have been wandering around since the day when, at the suggestion of Lenin, on April 3, 1922, Stalin was elected general secretary of the party.

Myth No. 118. Stalin deliberately built a regime of sole power. Myth No. 119. For the sake of establishing a regime of sole power, Stalin destroyed the "Leninist Guard". To be honest, for this myth the following name would be the most correct - "Why should not Bebel be confused with

The Dirt of Power If the way a person dies makes it possible to judge his life, all of Alexander's behavior is subject to condemnation. Because he was unable to control himself, he died as he lived - from intemperance, forgetting the basics of Greek wisdom, which can be read in Delphi:

AT THE TOP OF POWER Putting order in the capital did not mean the end of the political crisis. After the departure of the cadet ministers and the resignation of Pereverzev, the government actually ceased to exist. The urgent issue of reforming the cabinet was on the agenda. On

Rostov authorities According to its traditions and customs, Rostov in all respects was a very original city. Despite its democratic origins, a privileged class was formed in it, consisting of wealthy people who, until recently, were

CONQUEST OF POWER We will destroy everything and build our temple on the destroyed one! And it will be a temple of universal happiness! V. I. Lenin. From a conversation with George

Euphoria of power in those early days Soviet power When Lenin was still a novice in government, he gave the impression of a man who turned improvisation into a science. There was no problem that he could not solve - by decree, gesture, thrown phrase; to any

Decay of power Lenin moved to Moscow in an atmosphere of exceptional secrecy. Under him there was an increased security. Lenin left Smolny in the dark. The car drove in a roundabout way. Long before that, preparations for the departure had been entrusted to Bonch-Bruyevich. The whole day

4. At the pinnacle of power After Lenin. The death of Lenin put on the agenda the question of who will be the next leader of the party and country. The deadly fight for power, from which Stalin will emerge victorious, will continue for almost ten years. During this time, 4

2. “Saints” in power “Since after the dissolution of the last parliament, it is necessary to take care of measures to ensure peace, security and good governance of the republic, for this, with the knowledge of my council of officers, I have appointed various persons known for the fear of God,

I. About Power This paper presents, perhaps, a somewhat subjective idea of ​​power and its impact on life in modern Russian society at a sharp bend in its history. This understanding is connected not only with the main theoretical problems: power as

Relations with regions. Reform of the vertical of power As early as September 4, in his address to the nation on the Beslan tragedy, Vladimir Putin said that in the near future a set of measures would be developed to strengthen the unity of the country and the people and to create more effective control per

Vertical separation of powers

Comments (1)

The judiciary in the United States is exercised by the Supreme Court and lower courts. The courts, as we already know, are established by Congress, and the president is appointed to the highest judicial positions.

The judiciary extends to all cases, including the assessment of the constitutionality of actions of the legislative and executive power... Thus, Supreme Court The United States performs not only the functions of the highest judicial instance in civil and criminal cases, but also the functions of the Constitutional Court.

This is the structure horizontal division of power in the United States(see diagram 7.6.1).

Vertical distribution power powers. State- territorial structure USA implemented on the principle of federalism. The constitution clearly indicates all the functions of the upper, federal echelon of power, and all other powers: civil and criminal law, education and health care, public order, control over the use of natural resources, construction of communications (except for the post office), etc. transferred to the level of states and municipalities (local authorities). The states have not only their own constitutions and laws, but also other attributes. state sovereignty: flags, emblems, anthems, symbols. But the US constitution sets the supremacy federal law over the laws of the states, which corresponds to the federal, and not the confederal, territorial-state structure of the country (see Figure 7.6.2).

- it is the division of power between different levels government controlled... There are 2 levels in total: national and local. There may be intermediate levels between the center and local authorities, for example regional level... In this case, the region (region, krai, city) is endowed with a power that is clearly defined and protected from encroachments by the central government by the Constitution. Such a system of power is called federal... If the regional level of power is absent or it is weak, dependent on the center, then such a system of power is called unitary... So in the USA, Germany, Russia there was federal system management. England is a unitary system.

Horizontally - separation of powers occurs when power is distributed between elements of government at the same level, for example, between 3 branches of government: legislative, executive and judicial.

V different countries functions the legislature not the same both in volume and in content. But according to the basic rules, they are the same. The bearer of this branch of power is the parliament (2 or 1 chamber).

Executive power: in the United States, its head is the president, who simultaneously combines with it the office of head of state. In England, the head of state is the monarch and the head of the executive branch is the prime minister. A feature of this branch of government is that it can initiate legislation and issue decrees.

Judicial branch - stands guard over law and order. Represented by courts acting as guarantors in the separation of powers, based on the right of legal proceedings.

The separation of powers can also be carried out at the local level. Organs local government(municipality) approve local budget and manage municipal property.

The effectiveness and legitimacy of the government,

(explain the structure of local government in the Russian Federation)

Political power- this is the real ability of some social groups to carry out their will in politics and legal norms.

PARAMETER (in technology), a value that characterizes any property of a process, phenomenon or system, machine, device (for example, electrical resistance, heat capacity, speed, mass, coefficient of friction, etc.). The parameters can be lumped (e.g., the capacity of an electric capacitor, the mass of the load suspended from the beam) and distributed in space (e.g., the inductance of a power line).

Ubiquinone (coenzyme Q), a benzoquinone derivative. In living cells, it participates in the redox reactions of tissue respiration.

ABRIS (German Abrib), 1) the outline of the object. 2) In surveying, a schematic hand-drawn plan with the designation of the field measurement data necessary to build an accurate plan or profile.

Vertical organization of power assumes the distribution of powers by levels, which is based on the administrative - territorial structure of the country. Each of the highlighted levels is endowed with: competence, rights and property to solve the surveys specified in its conduct. The extent of these powers depends on the nature state structure, historical traditions and other factors.

Historically, the problem of the vertical organization of power was caused by the need to improve the efficiency of government administration, ( characteristic feature vertical organization of power is its division by levels:

the level of populated areas (cities, villages, communes, “municipalities);

levels of territorial places: middle (district, county, county), highest (department, region, state, land);

state level (center level).

This unity is due to the need to "cover" the controlling (imperious) influence of the most essential processes of human life. The need to coordinate the activities of localities and harmonize their interests entails the formation of the next level of the hierarchy of power: regions - in the USA, Russia or Belarus; counties - in Great Britain, (coordination and coordination of the interests of localities and the state leads to the emergence of the next level of government: in Russia and Belarus - regions, in the US states, in Germany - lands.

Each of the levels of power is characterized by three components: boundaries; competence, rights and responsibilities; the apparatus of power at this level.

The division of power into levels determines the position (hierarchy) of each power in relation to others. Most General requirements to the division of power then the vertical set out in the European Charter (the principle of subsidiary ™). According to the principle subsidiarity“The exercise of public powers, as a rule, should be predominantly entrusted to the authorities closest to citizens. The transfer of any function to another authority should be carried out taking into account the scope and nature of the specific task, as well as the requirements of efficiency and economy "

Horizontal organization (division) of power presupposes the organization of power at each specific level. For example, if at some level of organization of society a number of issues are referred to central government, then a central (state) authority body will be created for their implementation. In the conditions of a multi-structured economy, most of the issues are attributed to the competence of local authorities (self-government) and create conditions for their solution at the local level, forming in addition to state authorities and self-government bodies.

The central issue horizontal division of power is the formation real self-government in the field, i.e. transfer to local governments of competence, rights, property and funds for independent decision local problems... Thus, the vertical and horizontal separation of powers contributes to an even distribution of the amount of power across the levels of public organization, or, to put it another way, evenly distribute the “burden” on the authorities and ensure the normal operation of its links.

The horizontal organization of power is its division into public administration(carried out by the central state apparatus and its local divisions) and local government(carried out by the territorial community and local government bodies). The emergence of self-government means that the state recognizes the right of local communities to arrange their lives independently and at their own expense. \

Output data of the collection:

VERTICAL SEPARATION OF AUTHORITIES IN THE LIGHT OF UNITY OF THE STATE AUTHORITY SYSTEM

Balutskaya Gayane Arturovna

postgraduate student of the Department of State and administrative law KSUKI, Krasnodar

Russia is a legal, federal state. One of the important components of the rule of law is the separation of powers into legislative, executive and judicial, the federal structure of the country - the vertical separation of powers, which implies the delimitation of the subjects of jurisdiction and powers between the state authorities and the authorities of the constituent entities of the Russian Federation and a set of other forms of interaction.

Currently, Russia continues to implement the main provisions of the principle of separation of powers associated with the continuous development of federal relations necessary to maintain stability in society and the state.

On December 12, 2012, President of the country Vladimir Putin read out his annual Address The Federal Assembly, noting the importance of democracy, the inadmissibility of changing the foundations of the state and society, revising the issues of sovereignty, pointing out the need to strengthen the connection of federal legislation with the life of the regions and the legislator as such.

In accordance with Article 10 of the Constitution of the Russian Federation, state power is exercised on the basis of the separation of legislative, executive and the judiciary This division is referred to as the horizontal separation of powers. There is also a vertical division of powers. This concept has not received formal confirmation either in the Constitution of the Russian Federation or in the science of constitutional law, but in fact such a division exists. Chapter 3 of the Constitution of the Russian Federation is devoted to the federal structure, which reveals the complex of relations arising between the Russian Federation and the constituent entities of the Russian Federation.

Thus, the vertical separation of powers presupposes the division of power between the federal center and the constituent entities of the Russian Federation and between constituent parts Federation directly.

Relations arising in the process of interaction between Russia and its subjects can be conditionally grouped into two groups:

1.Relations related to the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the bodies of state power of the constituent entities of the Federation;

2.relationships associated with mutual delegation of authority, as federal authorities executive power and executive bodies of the constituent entities of the Russian Federation and mutual constitutional and legal responsibility.

It should be noted that the federation fully functions when the interests of the state as a whole and its subjects fully coincide.

Russia, in accordance with the Constitution of the Russian Federation, is rule of law, is of a democratic nature, on the basis of which it cannot have unlimited powers, some of them are imposed on the state power of the constituent entities of the Federation, which is fair and corresponds to the nature of the federal structure of the country.

I.A. Umnova points out that one of the priority tasks in establishing a federal structure in Russia is to solve the problem of the vertical division of state power. The particular urgency of this problem lies in the fact that it has gone beyond the legal framework and acquired a political connotation. With the adoption of the 1993 Constitution, it was possible to come closer, but not to achieve a full degree of harmonization of the actually existing relations that constitute the constitutional basis for the division of state power between the federation and its subjects.

IN AND. Margieva believes that any state, at whatever level of development it is, strives for the optimal organization of its territory, the establishment of mutually beneficial relations between the center and the regions. V federal state two levels of government - the federal government and the government of the constituent entities of the Federation. Relations between these authorities are complex and contradictory, since the subjects, although they are part of a single state, retain a certain independence and independence.

According to the author, favorable and effective relations between Russia and its subjects are the key to the country's successful development, both politically and economically, on the basis of which a clear, consistent legal regulation relations arising between the center and the regions, the main form of which is the consolidation in the law of the subjects of jurisdiction and powers of the parties to federal relations. However, at present it has certain drawbacks and is subject to further development and improvement.

The division of jurisdiction and authority between the Russian Federation and the constituent entities of the Russian Federation impedes the concentration and concentration of power in the same hands.

The optimal balance of state and regional power, expressed in terms of reference and powers, is the main criterion for the effective functioning of Russian federalism.

The author believes that it is necessary to provide the subjects of the Federation with the right to take the greatest part in the resolution of the most important issues state significance, issues related to the rights and freedoms of citizens, the solution of social problems.

At the same time, the Constitution of Russia in Article 5 enshrines the basic principles of the federal structure of Russia, which are the basis for the functioning of Russian federalism and building relationships between the Russian Federation and its subjects:

1. The principle of state integrity, the unity of the system of state power;

2. The principle of delimiting the subjects of jurisdiction and powers between the bodies of state power of Russia and the bodies of state power of the constituent entities of Russia;

3. The principle of equality and self-determination of peoples in Russia.

One of the main principles of the federal structure of the country is the principle of the organizational unity of the system of state power (Article 5 of the Constitution of the Russian Federation). This principle means that the power of the Russian Federation extends to its entire territory and ensures the close functioning of the entire state mechanism. The multinational people are the only source of power in the Russian Federation. The constituent entities of Russia have full state power outside the jurisdiction of the Russian Federation, as well as the powers of the Russian Federation in matters of joint jurisdiction of the Federation and its subjects (Article 73 of the Constitution of the Russian Federation). In accordance with article 77 of the Constitution of the Russian Federation, subjects are given the right to independently establish their own system of public authorities, subject to the conditions of compliance with the fundamentals constitutional order The Russian Federation and general principles organization of representative and executive bodies of state power.

It follows from the above that the Russian Federation is responsible for the federal structure of the country, for ensuring the unity of the system of state power, on the basis of which it plays a regulatory and control role in relation to the subjects of the Federation.

According to the author, a mechanism based on the principles of legality and decentralization can provide a compromise between the branches of government as on federal level and at the level of the constituent entities of the Federation and preserve the unity of power and territorial integrity Russian state and to prevent, on the one hand, the federal government working on an authoritarian, centralized basis, on the other hand, arbitrariness on the part of the regions, in view of the independence and freedom provided to them.

The effectiveness of this mechanism is formed over time, through targeted steps taken by the state. Granting greater independence in a number of powers to the constituent entities of the Russian Federation, the policy of consolidation of the constituent entities of the Federation, giving greater independence, the return to direct elections of heads of regions - these are the measures that have been taken and continue to be implemented by the Russian Federation in order to balance the two levels of power - the federal power and the power of the constituent entities of the Federation ...

Thus, Russia is faced with the task of implementing the principle of separation of powers as a whole and the principle of the unity of the system of state power in such a way that the unity of the system of state power and state integrity, on the one hand, and the separation of powers into legislative, executive and judicial, as well as the separation of powers according to vertical, on the other hand, most fully satisfied the interests of federal center without prejudice to the rights of the subjects of the Federation.

Bibliography:

1. The Constitution of the Russian Federation [Electronic resource]: adopted by popular vote 12.12.1993 (with amendments, introduced by the Laws RF on amendments to the Constitution of the RF dated 30.12.2008 No. 6-FKZ, dated 30.12.2008 No. 7-FKZ). Access from the reference legal system "ConsultantPlus".
2. V.I. Margiev, A.V. Margiev Legal status republics within the Russian Federation. Vladikavkaz. Vladikavkaz Scientific Center of the Russian Academy of Sciences and the Government of the Republic of North Ossetia-A, 2008. - 325 p.
3. Message from President Vladimir Putin to the Federal Assembly of the Russian Federation [Electronic resource]: message from the President of the Russian Federation to the Federal Assembly of 12.12.2012. Access from the reference legal system "ConsultantPlus".
4. Umnova I.A. Constitutional foundations modern Russian federalism: educational and practical guide. M .: Delo, 1998 .-- 280 p.