According to paragraph "g" of Art. 71 of the Constitution of the Russian Federation, the establishment of a system federal bodies, the order of their organization and activity and their formation belongs to the jurisdiction of the Russian Federation.

To the system of federal bodies executive power includes:

• The Government of the Russian Federation, consisting of the Chairman of the Government of the Russian Federation, Deputy Chairman of the Government of the Russian Federation and federal ministers;
• ministries and other federal executive bodies, which are determined on the basis of the Constitution of the Russian Federation, the Federal Constitutional Law "On the Government of the Russian Federation", other federal laws and the Russian Federation.

According to the Federal Constitutional Law "On the Government of the Russian Federation" and the Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the System and Structure of Federal Executive Bodies", the leadership of the federal executive bodies, depending on the section of the structure in which they are located, is carried out by the President of the Russian Federation or the Government of the Russian Federation.

According to the said Decree, the system of federal executive bodies includes the following types of federal executive bodies:

• federal ministries;
• federal services;
• federal agencies.

In accordance with this Decree, federal executive bodies may have the following functions:

1) federal ministries:

• for the development and implementation public policy in the established field of activity;
• on acceptance;

2) federal services:

• control and supervision;

3) federal agencies:

• state property management;
• to provide public services.

The functions of a particular federal executive body are determined by the statute on it. Provisions on federal executive bodies, the activities of which are controlled by the President of the Russian Federation, are approved by the President of the Russian Federation, the activities of which are controlled by the Government of the Russian Federation - respectively, by a decree of the Government of the Russian Federation.

Under for the adoption of regulatory legal acts means the publication on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws binding on the authorities state power, bodies local government, their officials, legal entities and behavior, extending to an indefinite circle of persons.

Under the functions of control and supervision means the implementation of actions to control and supervise the execution by public authorities, local authorities, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts generally binding rules of conduct; issuance by state authorities, local self-government bodies, their officials of permits (licenses) to carry out a certain type of activity and (or) specific actions to legal entities and citizens, as well as registration of acts, documents, rights, objects, as well as the publication of individual legal acts.

Under the functions of state property management means the exercise of the owner's powers in relation to federal property, including those transferred by the federal state unitary enterprises, federal government enterprises and government agencies, subordinate to the federal agency, as well as the management of the federal property shares of open joint stock companies.

Under the functions of providing public services means the provision by federal executive bodies directly or through their subordinate federal state institutions or other organizations free of charge or by regulated bodies state power prices for services to citizens and organizations in the field of education, healthcare, social protection population and in other areas established by federal laws.

Federal ministry

The Federal Ministry is a federal executive body responsible for the development of state policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation. The Federal Ministry is headed by the Minister of the Russian Federation (Federal Minister) who is part of the Government of the Russian Federation.
The Federal Ministry on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently implements legal regulation in the established field of activity, with the exception of issues the legal regulation of which is carried out exclusively by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation. Federal ministers have the right to issue directives to the heads of federal services and federal agencies subordinate to the relevant federal ministries, as well as to suspend, if necessary, decisions of such federal services and federal agencies (their heads) or cancel these decisions, unless another procedure for their cancellation is established federal law. However, the federal ministry is not entitled to exercise control and supervision functions, as well as functions of state property management, except for cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation.
The Federal Ministry also coordinates and monitors the activities of the federal services and federal agencies under its jurisdiction. For these purposes, the federal minister, in pursuance of instructions from the President of the Russian Federation, the Chairman of the Government of the Russian Federation, gives instructions to federal services and federal agencies and controls their implementation; appoints to office and dismisses from office on the recommendation of the heads of federal services, federal agencies, deputies of these heads; approves the annual plan and performance indicators of federal services and federal agencies, a report on their implementation, and also performs a number of other functions.
The Federal Ministry coordinates the activities of state extra-budgetary funds. To this end, the federal minister submits to the Government of the Russian Federation a proposal for the appointment (dismissal) of the head of the state non-budgetary fund; adopts normative legal acts in the areas of activity of state non-budgetary funds; appoints inspections of their activities in cases established by federal law, and also performs other functions.

federal Service

The Federal Service is a federal executive body exercising control and supervision functions in the established area of ​​activity, as well as special functions in the field of defense, state security, protection and protection of the State Border of the Russian Federation, the fight against crime, public safety... The federal service may be subordinate to the President of the Russian Federation or be subordinate to the Government of the Russian Federation. The Federal Service for Supervision in the established area of ​​activity may have the status of a collegial body. It is headed by the head (director) of the federal service.
Within its competence, the federal service issues individual legal acts on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, regulatory legal acts of the federal ministry that coordinates and controls the activities of the service. However, the federal service is not entitled to manage state property, provide paid services, and legal regulation in the established field of activity, except for cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. The Federal Service for Supervision is not entitled.

Federal agency

The federal agency is a federal executive body exercising in the established sphere of activity the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision, it may have the status of a collegial body. A federal agency may be subordinate to the President of the Russian Federation or the Government of the Russian Federation. It is headed by the head (director) of the federal agency.
The federal agency, within its competence, issues individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts and orders of the President of the Russian Federation, the Chairman of the Government of the Russian Federation and the federal ministry that coordinates and controls the activities of the federal agency.
At the same time, the federal agency is not entitled to carry out legal regulation in the established area of ​​activity and functions of control and supervision, except for cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. So, for example, the Federal Agency for Fisheries is a federal executive body that performs functions in its field of activity, for the control and supervision of aquatic biological resources and their habitat, as well as for the provision of public services, management of state property in the field of fisheries activities.

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• Introduction
• Conclusion
• Bibliography

Introduction

The relevance of the research topic is due to the following. The executive branch is an important element in the political system of modern states, and in many respects it is it that determines the nature of the political interaction of the state power, elites and society within the country and the model of state behavior in the foreign policy arena. The executive branch occupies an even more important place in transforming societies, where old political institutions, attitudes and values ​​are being deconstructed and new ones are being created. The Russian Federation undoubtedly belongs to such states. Achievement of the key goals of public administration directly depends on the effective operation of the executive power system and, above all, of the federal executive bodies.

The problem of the effectiveness of the institutional structures of the executive branch is not unique to The Russian state... This issue is relevant for most modern states. Reforms and optimization of systems of executive power have already turned into a permanent function of the state in many of them.

Three years have passed since the start of the last administrative reform, and the "institutional design" of the system of federal bodies should be recognized as valid. Today's system has acquired the most important characteristic feature, which has not been for more than ten years - stability. Undoubtedly, its "pinpoint tuning" is going on and will continue. However, this activity does not violate the existing integrity of the three-tier system of federal executive bodies "federal ministry - federal agency - federal service".

Various approaches to understanding the phenomenon of power are reflected in the works of the classics of political science - I. Fichte, G. Hegel, K. Marx, A. Schopenhauer, M. Weber, R. Dahl, T. Parsons, D. Easton, G. Almond, M Crozier et al.

The works of such domestic and foreign scientists as M.G. Anokhin, G.V. Atamanchuk, J. Wedel, R. Dahl, R. Drago, V.G. Ignatov, V.D. Zotov, V.T. Isakov, O.E. Kutafin, B.M. Lazarev, G.V. Maltsev, L.S. Mamut, M.N. Marchenko, N.P. Medvedev, B. C. Nersesyants, Yu.A. Nisnevich, G.V. Osipov, E.N. Ozhiganov, D.E. Slizovsky, L.V. Smorgunov, V.V. Sogrin, Yu.A. Tikhomirov, O. I. Chistyakov, J.L. Shabo, etc.

The object of the research is public relations aimed at regulating the activities of the system of federal executive bodies. Russian Federation... The subject of the research is the specific norms of the current legislation, reflecting the main development trends modern system federal executive bodies of the Russian Federation in the context of the implementation of the administrative reform of the executive branch.

The purpose of this work is to conduct a comprehensive study of the system of federal executive bodies of the Russian Federation as one of the key institutions of political administration in the mechanism of the Russian state, to analyze the main stages of improving this institution.

To achieve this goal, the following tasks have been set in the work:

1) analyze the place and role of the executive branch in the system of separation of powers in modern states, define the concept of the executive branch of the Russian Federation;

2) study the system and structure of federal executive bodies of the Russian Federation;

3) determine the role of the President of the Russian Federation in the organization and daily activities federal executive branch;

federal executive body

4) describe the main structural units the political space of the Russian Federation.

The methodological basis of the study was various methods of scientific knowledge, in particular, system-structural, structural-functional, normative, deductive and others. System-structural and structural-functional methods became basic in the course of the dissertation research and were used in the analysis of the system of federal executive bodies. The method of political comparative studies proved to be effective for identifying the patterns of functioning and development of systems of executive power in various modern states. The normative method was used in the analysis of legal documents of the Russian Federation.

The structure of the work reflects the logic of scientific research and includes an introduction, two chapters combining four paragraphs, a conclusion and a list of references.

Chapter I. General Legal Foundations of the Federal Executive Power

§ 1. The concept, signs and role of the executive branch in the mechanism of a modern state

The executive branch is one of the types of independent and independent Bobylev A.I. Executive power in Russia: theory and practice of its implementation. - M., 2008. - S. 120. public authority in the state, which is a set of powers for the management of public affairs, such as legislative regulation, foreign policy representation, the implementation of administrative management. Thus, executive power is a system government agencies exercising these powers. Main purpose executive authorities- organization of the practical implementation of the Constitution of the Russian Federation and the laws of the Russian Federation in the process of management activities aimed at meeting public interests, requests and needs of the population Zimin V.A. Executive power in the Russian Federation. - Samara, 2007 .-- S. 110. It is carried out through the implementation of state and power powers by methods and means of public, mainly administrative law.

The structure of the executive branch (legal (legal) structure) is a system of norms that determines the degree of competence of government bodies and officials. It is represented by the following main elements:

1. executive authorities;

2. civil servants;

The signs of the executive branch include:

1. organic and the relative independence of the considered branch of government;

2. the conductor of state policy in life;

3. subordinate in nature and purpose;

4. objectified in the form of a well-organized system of executive authorities;

5. its activity is executive and administrative and is of a constant, continuous nature;

6. is the exclusive owner of material resources and powers of a coercive nature.

The functions of the executive branch include the following:

1. legislative regulation;

2. implementation of management activities aimed at the implementation of laws and the implementation of state policy in various spheres of society;

3. administrative law enforcement;

4. implementation of the state policy on licensing, registration and certification;

5. administrative control over the observance of legal norms and generally binding rules;

6. protection of law and order, i.e. direct security of citizens and society;

7. information support for government bodies.

In accordance with current legislation the terms "executive body" and "government body" are used as equivalent Public relations in politics and public administration / under total. ed.
V.S. Komarovsky. - M., 2007 .-- S. 500. The executive authorities have administrative capacity and legal capacity, which arises simultaneously with their education and the definition of competence, and ceases in connection with their abolition. The competence of executive authorities, their tasks, functions, rights and obligations, forms and methods of activity are expressed and consolidated in the relevant laws, regulations and other normative acts.

The concept of power is one of the leading theoretical concepts that contributes to the study of political relations and an understanding of the mechanism of the state and the political system.

The executive, in comparison with the legislative, is distinguished by great dynamism, susceptibility to public life... Executive power is exercised by the government, which solves many issues, including in the field of management, planning, culture, education, financing, ensuring the daily life and needs of the population, etc. The peculiarity lies in the fact that the executive power does not only execute laws, but it also issues normative acts or comes up with a legislative initiative Political Science: Problems of Theory: Monograph / edited by V.A. Achkasov, V.A. Achkasova,
V.A. Gutorov et al. - SPb., 2006 .-- P. 320.

Another feature of this power is manifested in the fact that, with all the desire, its functions cannot be accommodated even in such broad concepts as the execution of laws and law enforcement. In a rapidly changing environment, she must quickly take action at her discretion. Its distinctive feature is that it carries out its activities mainly "for closed doors". Due to this circumstance, in the absence of proper checks, the executive branch inevitably crushes both the legislative branch and the judiciary. To prevent this, special measures are needed. has the right to arrogate to itself powers and to demand from citizens to fulfill any duties, if it is not provided by the law.Its containment is achieved through regular accountability and responsibility to the representatives of the people, which has the right to control the activities of the executive branch.

One of the most significant questions of the problem under consideration is the following. In Russia, laws are more often adopted on the initiative of the executive branch, and not on the initiative of the legislative branch, as is customary in developed countries, states the executive branch in Russia has overtaken the legislative branch in terms of the number of laws // Vedomosti. 19.08.2010. ...

The publication counted the number of bills that became laws in the spring session, after which it came to the conclusion that their adoption was more often initiated by the executive branch - for example, the president and the government. The country's leadership accounts for 49.5 percent of 242 adopted laws, while the initiative of parliamentarians has spread only to 40 percent of the laws.

In 2009, the situation was similar: the president and the government initiated 43.9 percent of the laws, while parliamentarians - 41.6 percent. In terms of work for the fall, most of the priority initiatives of the deputies of the State Duma of the Russian Federation also belong to the executive branch.

According to representatives of the United Russia party, this picture is explained by the fact that the country is working on anti-crisis measures. In addition, according to Valery Ryazansky, deputy chairman of the United Russia faction, all of the president's initiatives were of a symbolic nature and were introduced as part of the implementation of his messages to the Federal Assembly.

Thus, we can say with confidence that the role of the executive branch in the mechanism of the modern state is quite weighty and significant in the light of constant political and socio-economic upheavals.

§ 2. The system of federal executive bodies

The issue of the system of executive bodies, as well as the criteria for the classification of these bodies, has been developed in detail in the legal literature. In this regard, the classification of executive authorities is carried out according to 4 main criteria:

1) in accordance with the federal state structure of the Russian Federation, the following are distinguished:

a) federal executive bodies;

b) executive bodies of the subjects.

2) depending on the scope and nature of the competence, they differ:

a) bodies of general competence;

b) bodies of special competence;

c) bodies of sectoral competence;

d) bodies of intra-branch competence;

e) bodies of intersectoral competence;

f) bodies of mixed competence Starilov Yu.N. Administrative law... Part 2. Book one. - Voronezh, 2001 .-- S. 49, 51.

3) according to organizational and legal forms, executive authorities are subdivided into:

c) ministries;

d) state committees;

e) committees;

f) services;

g) main departments;

h) management;

i) inspections;

j) agencies;

k) departments;

l) administration;

m) city hall;

o) departments;

o) other executive authorities.

4) according to the procedure for resolving subordinate issues, the executive authorities are divided into:

a) one-time;

b) collegial In the same place. .

In normative acts, in the concepts of administrative reform, the concepts of "system" and "structure" are increasingly used. The application of these concepts in legal acts does not raise objections. The development of effective systems and management structures inevitably requires an in-depth analysis of the essential relationships in the organization and activities of government bodies. Without such an analysis, it is impossible, obviously, to outline the correct ways of rationalizing these organs. In addition, the concepts of "system" and "structure", fixed in legal regulations, become mandatory for practical use, which increases the requirements for the clarity of the definition of these concepts. An additional difficulty arises due to the fact that in the conditions federal structure Of the Russian state, various interacting systems of legislative, executive and judiciary. Legal problems improving these systems are of paramount importance.

It is known that in 2000-2005. there was a process of restoration of concepts " public administration"," state power "," subordination "," administrative acts"and others. In the state apparatus, ties were strengthened both" vertically "and" horizontally ", unity in their organization and activities is achieved on the basis of hierarchically built and fixed legal form structures that determine the goals and place of each structural link in common system state power.

The main disadvantage of these definitions is that they are given in isolation from the general philosophical concepts of "system" and "structure". The effectiveness of measures to rationalize the system and structure of federal executive bodies largely depends on understanding the essence of the concepts - "system" and "structure", objective causal links and the laws governing their development, taking these laws into account in practice. Without this, it is difficult to find a rational balance and the correct relationship between the system as a whole and its structural links, sectoral, functional and territorial administration bodies.

The development of the system and its structure, their reorganization occurs on the basis of principles that unite them into a single whole in the process of achieving common goals. Changing these goals entails specialization, separation, differentiation, merging of goals and, accordingly, a change in the structure of the system. By means of legal norms, the development of the system and structure of government bodies occurs in directions that ensure the stability of the system and structure, neutralize them from random factors A.A. Starovoitov. Organizational and legal problems of the relationship between the legislative and executive bodies of state power of the constituent entities of the Russian Federation: dis .... cand. jurid. sciences. - M., 2007 .-- S. 103.

The "system" and "structure" of an authority do not exist separately from each other. The organ system always has internal organization, construction; the structure does not exist outside the system. Therefore, in what follows, the structure of the system will mean the internal structure of an organ, a system of organs, a system of power.

The Constitution of the Russian Federation uses such concepts as the unity of the system of state power (part 3 of article 5); the system of federal bodies of legislative, executive and judicial power (clause "g" of Article 71); the system of bodies of state power and local self-government (clause "n" of article 72); a unified system of executive power in the Russian Federation (clause 2, article 77). At the same time, the concept of "structure" is used twice - "the structure of federal executive bodies" (part 1 of article 112); "structure of local self-government bodies" (part 1 of article 131).

In the Constitution, the concept of "system of executive power bodies" is delimited from the concept of "executive power body". In the latter case, the main thing is highlighted: with the help of an organizational mechanism, which is a body, the state implements its functions. The concept of "system of executive bodies", fixing the basic properties of bodies, reflects, first of all, the way of communication between bodies, the hierarchy of their construction. The bodies themselves in in this case recede into the background, forming structural links within a unified system. Surkov D.L. Legislative and executive power of the constituent entities of the Russian Federation in constitutional law Russia. Comparative legal research: author. dis .... dr. jurid. sciences. - SPb., 2006 .-- P. 23.

According to the Constitution of the Russian Federation, the system of executive bodies has a hierarchical structure, complies with state structure and determines the order of relationships between different levels of executive power. At the same time, each level of power along the vertical has its own terms of reference and its own area of ​​responsibility, and the presence of hierarchical relations between them ensures that their activities are focused on solving similar problems.

The concept of "organ structure" is interpreted in this case (up to The Supreme Court Of the Russian Federation) not as an internal structure of an organ, but as a list of the organs themselves. There is a confusion that only people who are not versed in the law can call "trivial".

A second, no less important conclusion follows: all the listed systems of power (state and executive) and bodies (state power, federal legislative, executive and judicial authorities) have both common features and properties of the "system", and - and this is the main thing - its own characteristics. And they, these features, determine the hierarchy, subordination, coordinated interaction of the listed systems and organs. But is it always in the process of implementing the Constitution of the Russian Federation that the ratio, the place of each system and body in their common system is observed? And is the actual building of such a hierarchical relationship always consistent with constitutional provisions?

Thus, the system of federal executive bodies is based on the principle of democracy. "The people exercise their power," says part 2 of article 3 of the Constitution, "directly, as well as through state authorities and local self-government bodies." This principle determines the unity of the system of state power, which, in turn, underlies the federal structure of the Russian Federation (part 3 of article 5 of the Constitution of the Russian Federation).

All signs of the state act in their totality, their interaction is achieved within the framework and on the basis of a single political organization, which is any state. A political organization, in turn, cannot function and develop without subordination and subordination of its constituent parts to the center, the nucleus of the organization, which predetermines the hierarchy in its construction, in the distribution of power according to the conditions of the organization Ibid. - S. 24.

As for such characteristics given in the Constitution as a democratic federal rule of law, they are called upon to promote the effective use of the political and organizational potential of the Russian state. And from the correct application of the principles of democracy, federalism, the rule of law also depends on the effectiveness of the state, the strength or weakness of state power.

In the domestic legal literature, attempts are made to undermine the principle of hierarchy in the relationship between government bodies. And this is done with reference to the principle of separation of powers. This principle is understood as component political pluralism Ebzeev B.S., Karapetyan L.M. Constitutional foundations of political pluralism in the Russian Federation: a variety of approaches // Free Thought. - 2006. - No. 11. - P. 14.. Accordingly, state power acts as a set of various power functions carried out independently by different state bodies. The concentration of these functions in the activities of one body, according to some lawyers, leads to political monism, creates an allegedly favorable environment for the establishment of a dictatorial regime in the country. The vertical of power that exists in the relations between the federal bodies of state power should therefore be replaced by the performance of "mutual functions" in the same place. ... Another source asserts that the principle of separation of powers "is built not according to a hierarchical, but according to a functional principle, and it is the functional principle that makes it possible to speak of the unity and integrity of state power" Aybazov R.U. Constitution and public administration in the Russian Federation (experience of legal and socio-political analysis). - M., 2007 .-- S. 5.. In this regard, we emphasize that the state apparatus is not made up of functions, but of inextricably linked, mutually complementary parts: the apparatus of power, the apparatus of administration and the apparatus of coercion.

State power as a whole is presented in Article 10 of the Constitution as a system of legislative, executive and judicial authorities. According to Article 80 of the Constitution, the President of the Russian Federation ensures only the coordinated functioning and interaction of government bodies and does not have the authority to establish and reorganize this system, especially since this article does not refer to federal executive bodies. These issues are attributed to the jurisdiction of the Russian Federation and, in accordance with Part 1 of Article 76, must be regulated in the form of laws.

The development of the system and structure of federal executive bodies is influenced by many political, legal, economic, social and other factors. Their systematic analysis goes beyond legal science... The only thing it can do is to assess this development from the point of view of compliance with the constitutional foundations, principles and norms. At the same time, it is assumed that the Constitution of the Russian Federation correctly reflects, consolidates and defines the objective processes of strengthening the state, increasing its efficiency. And the only question is, on the basis and in pursuance of the Constitution, to put into practice its principles and norms Ebzeev B.S., Karapetyan L.M. Constitutional foundations of political pluralism in the Russian Federation: a variety of approaches // Free Thought. - 2006. - No. 11. - S. 15..

But another option is also possible: the Constitution of the Russian Federation, in the part in which it fixes the systems of executive authorities, has a low potential and does not have a decisive regulatory impact on the formation of a rational system of authorities and administration. The development of this system proceeds according to its own objective laws, and constitutional norms turn into fictitious ones. In this case, practice acts as a criterion of truth, and a revision of constitutional provisions is required.

Over the past decade, the system of federal executive bodies has undergone several changes. Their list, types of organs, their system and structure changed. The main role in this was played by the decrees of the President of the Russian Federation. New system federal executive bodies were built on the principle of not state management of the economy, but on the principle of creating conditions and prerequisites for its growth.

There was a clear contradiction between constitutional principles organization and activities of public authorities and the practice of their formation and reorganization. On the one hand, the principles of federalism, presidential power, separation of powers, and the rule of law have radically changed the place and role of federal executive bodies. On the basis of these principles, it was necessary, as was done in all Western constitutions (with the exception of the Netherlands, where ministries are created by the king), to provide for the formation of executive authorities by parliament, and also to develop and then consistently implement on a legislative basis a concept for the development of the system these bodies in the transition to a market economy.

The structure of federal executive bodies in all regulations includes the Government of the Russian Federation, as well as a list grouped by type (in alphabetical order) federal ministries, state committees, federal services, etc. ( certain types organs can be liquidated or created at the same time). Types of organs represent a certain set of organs interacting with each other, both within each species and between them, cannot act as a structure of the whole (system) Bobylev A.I. Executive power in Russia: theory and practice of its implementation. - M., 2008 .-- S. 122.

Within these groups (ministries, federal services, federal agencies), further classification occurs according to purely formal criteria - alphabetically. But such a classification does not reflect the content of the real interaction between the bodies and cannot serve as a basis for developing common organizational and legal foundations for them, finding the real place and significance of each body in the corresponding system of bodies.

Attempts to build a rational system of federal executive bodies by consolidating their types, undertaken by presidential decrees adopted in the 90s, did not ensure stability, sustainability of relationships within the entire system of state power. Unregulated legislative framework formation and functioning led to the fact that these connections were constantly changing, the interaction between various bodies In the same place. - S. 123.. The hasty desire to build an "effective" system of state power turned into a haphazard and confusing relationship both within this system and outside - in interaction with the "objects" of government.

Meanwhile, the creation of an effectively operating system of federal executive bodies is impossible without an active and committed position of the supreme legislative body of state power. In order to increase the responsibility of the legislator for the formation of such a system, it is necessary, in our opinion, to return to the discussion and adoption of the long-developed draft Federal Law on Federal Executive Bodies. In this Law, it is necessary to specify the powers of the President, the State Duma and the Government to establish the system and structure of federal executive bodies. The adoption of such a Law will not only significantly increase the regulatory capacity of parliament, but also create a sustainable legal basis for the formation of an effective system of federal executive bodies.

Chapter II. State of the art federal executive authorities

§ 1. The President of the Russian Federation as the main institution of the state

The President of the Russian Federation is the highest public office Russian Federation. The President of Russia is the head of state who, according to some researchers, does not belong to any of the branches of government; guarantor of the Constitution of Russia, human and civil rights and freedoms in Russia; The Supreme Commander-in-Chief Armed Forces Russian Federation.

Initially (in 1991) the President of Russia was elected for a 5-year term. In the RF Constitution of 1993, the term of office of the President was reduced to 4 years. However, according to clause 3 of the final and transitional provisions of the constitution, President B.N. Yeltsin exercised his powers until the expiration of the term for which he was elected (that is, until 1996). Following constitutional amendments that entered into force on December 31, 2008, he will be elected for a six-year term from the next elections.

The President of the Russian Federation is elected by the citizens of the Russian Federation on the basis of universal, equal and direct suffrage under secret ballot... A candidate for the office of President can be a citizen of the Russian Federation at least 35 years old, permanently residing in the Russian Federation for at least 10 years. One and the same person cannot hold the office of President of the Russian Federation for more than two consecutive terms. The exact procedure for the election of the President of the Russian Federation is determined by the federal law of January 10, 2003 No. 19-FZ "On the election of the President of the Russian Federation" DS Ashaev. The role of the President and the Government of the Russian Federation in the implementation of executive power: dis .... cand. jurid. sciences. - M., 2008 .-- S. 70.

As you know, the success of reforms directly depends on the effectiveness of the actions of the executive authorities. Indeed, if the best laws are not enforced or are poorly enforced, then any socio-economic transformation will become impossible. A striking example of this is the existence in Russia of a large array of "non-working" laws. And the demand that has been voiced since the beginning of perestroika to create an effective mechanism for the implementation of laws is not a call for the organization of an effective executive branch?

The research topic is of particular importance in connection with the reform of the state authorities carried out in the country since 2000, during which the procedure for the formation of the Federation Council was changed, federal districts were formed, the posts of plenipotentiary representatives of the President of the Russian Federation in federal districts were established, the Federal Laws "On general principles organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation "and" On general principles of organization of local self-government in the Russian Federation. "The ongoing administrative reform brings to the fore the need to reform federal executive bodies.

It is obvious that the effectiveness of the executive branch is determined by the personal qualities of those vested with executive powers. The point is in the very system of work of both legislative and executive bodies. Now it is designed in such a way that it slows down, and in many cases it simply stops the transformation "Ibid., P. 71..

It is quite legitimate to say that it is the organization of the executive power, the construction of the system of its bodies, that predetermines the efficiency of its functioning. We can say that understanding the effectiveness or ineffectiveness of the exercise of state power, assessing the quality of government in the country, identifying ways and means of improving such governance will largely depend on the understanding of the structure of executive power in Russia and the answer to the question whether the domestic executive power can function effectively.

The executive power in Russia is divided between the two highest bodies of state power - the President of the Russian Federation and the Government of the Russian Federation. Thus, the principles of unity and independence of the executive branch, which are necessary from the point of view of the theory of separation of powers, are not observed in Russia.

Since the Constitution of the Russian Federation provides de jure the influence of the State Duma on the formation of the Government of the Russian Federation and the existence of the institution of parliamentary responsibility of the Government of the Russian Federation, the actual role of the President of the Russian Federation in the exercise of executive power is predetermined by the interaction of the State Duma, the President of the Russian Federation and the Government of the Russian Federation I.V. ... The role of the President in ensuring the separation and interaction of powers in the Russian Federation: dis .... cand. jurid. sciences. - M., 2007 .-- S. 200.

If the presidential and parliamentary majority coincide, the head of state, relying on the support of the parliamentary majority, will become the de facto head of the executive branch. The coincidence of the presidential and parliamentary majority in work is a situation in which both the head of state and the majority of the State Duma deputies belong to the same political forces and are thus supported by the same majority of voters. A mismatch is considered a situation when the President and the parliamentary majority belong to opposing political forces and rely on support different parts electorate.

§ 2. Structural and functional characteristics of the system of federal executive bodies

The existing structure of federal executive bodies was approved by the Decree of the President of the Russian Federation dated May 12, 2008 No. 724 "On the structure of federal executive bodies".

Based on the analysis of the norms of the Constitution of the Russian Federation, the author comes to the conclusion that the organization of the system of federal executive bodies is closely related to the regulation of the general principles of organization and operation of the system of state power bodies as a whole, and therefore the types of federal executive bodies, consolidation of their legal status should implemented by federal law.

The structure of federal bodies of executive power is predetermined by the tasks and powers of the Government of the Russian Federation for the implementation of executive power and includes a list of specific bodies included in the system of federal bodies of executive power. Changes and additions to the structure of federal executive bodies for the purpose of its reorganization may be introduced by decrees of the President of the Russian Federation. At the same time, within the meaning of part 3 of Article 90, paragraph "a" of Article 106, Part 1, paragraph "a" of Article 114, Part 1, Article 115 of the Constitution of the Russian Federation, such a reorganization can only be carried out within the limits of allocations established by the federal law on the budget for the current year Bachilo I.L. Executive power in the Russian Federation. Development problems. - M., 2008 .-- S. 90.

The author of the study notes that unlike the previous Constitution of the Russian Federation, which contained a direct reference to the President as "the head of the executive power in the Russian Federation," the current Constitution of the Russian Federation avoided direct assignment of the status of the head of the executive power to the President. However, this does not mean weakening the relationship between the institution of the president and the executive branch.

Exploring constitutional powers The President of the Russian Federation, one should share the point of view of a number of scientists that the Head of the Russian State is endowed with very extensive powers in relation to the executive authorities.

The active participation of the President of the Russian Federation in the activities of the Government of the Russian Federation and, often, "parallel" with the government rule-making, deprives the Government of the Russian Federation of independence, responsibility and gives rise to the temptation to carry out decisions through decrees of the President of the Russian Federation, instead of making their own decisions or preparing draft laws ... Such "interaction" does not always allow one to objectively assess the quality of the work of the system of federal executive bodies and the Government of the Russian Federation that heads it. Administrative law of Russia / ed. Bakhrakh D.N. - M., 2009 .-- S. 111.

To overcome this negative trend, the most specific and precise delineation of powers between the President of the Russian Federation and the Government of the Russian Federation is necessary. Such a clarification of powers does not affect the text of the Constitution of the Russian Federation and can be carried out by amending the Federal Constitutional Law "On the Government of the Russian Federation". We believe that it is necessary to clarify in the Federal Constitutional Law:

the procedure for interaction of these state bodies in the field of lawmaking;

their powers to form the structure of federal executive bodies and ensure their well-coordinated work;

powers of the President of the Russian Federation in the sphere of direct management of certain types of federal executive bodies.

Analyzing the problems of interaction between the Federal Assembly of the Russian Federation and federal executive bodies, I would like to note that there is a clear "preponderance" in the system of separation of powers, a shift in the center of gravity from the legislature towards the executive. Exercise control representative bodies state power over the activities of executive bodies remains unregulated at the legislative level. The Constitution of the Russian Federation designates only certain control powers of the State Duma and the Federation Council of the Federal Assembly. Attempts by the State Duma to expand its own sphere of authority met with limited success due to their unambiguous political orientation.

When examining the interaction of executive authorities with judicial authorities, it is necessary to pay special attention to the problem of administrative justice in the Russian Federation, in particular, to increase the efficiency of the courts when considering disputes arising from public legal relations Ibid. - S. 112..

Analyzing the problem judicial control for the activities of executive authorities in the Russian Federation, it is necessary to especially note the fact that in cases arising from public legal relations, special regulations are required procedural proceedings... Absence procedural rules does not make it possible to use in full measure the institution of judicial control over the actions of state authorities and administration. To solve this problem, it is necessary to develop and adopt procedural laws regulating the activities of courts to resolve administrative disputes.

The Government of the Russian Federation occupies a leading role in the system of federal executive bodies. It carries out executive and administrative activities, consisting both in organizing the implementation of the Constitution of the Russian Federation and federal laws, and in its own law-making activities. Administrative activity bodies of executive power is of a subordinate nature. The Government of the Russian Federation also actively uses the right to legislative initiative and the right to prepare opinions on bills introduced in The State Duma other subjects of the law of legislative initiative Klimenko S.V., Chicherin A.L. Foundations of state and law. - M., 2006 .-- P. 56.

The author of the study notes that with the adoption of the Federal Constitutional Law "On the Government of the Russian Federation", the formation of the Government of the Russian Federation in state system... In general, while positively assessing the definition of the status, competence and procedure for the activities of the Government of the Russian Federation, the dissertation candidate considers it necessary to point out that there are still obvious shortcomings in this law: normative act does not reflect the full content of the functions and executive nature of public administration in the Russian Federation, does not determine the system of executive authorities and their types.

The Federal Ministry is the federal executive body that administers the industry or area of ​​government assigned to it. The head of the federal ministry - the minister - is a member of the Government of the Russian Federation and manages the assigned sector, the sphere of management (activity) on the basis of one-man management, bears personal responsibility for the performance of the functions assigned to the ministry.

Over the past decade, the system of federal government bodies has repeatedly undergone changes in order to optimize it, to strengthen its role in the processes of reforming the state and society. Analyzing the reforms in the sphere of executive power, the author comes to the conclusion that their structure is rather unstable. Exploring activities different types federal authorities, one should agree with the opinion of various authors that, in general, these bodies have the same purpose. All of them perform, in principle, the same functions, namely: regulation and management in a particular area. Functional uncertainty is the main reason for the instability and disorder in the structure of federal executive bodies, i.e. systems of specific ministries and departments.

I would like to note that in order to establish an "expedient" system of federal executive bodies, it is necessary that each structural element of this system has its own clear and understandable legal status, which must be determined by law, depending on the nature and scope of functions and powers performed. Federal ministries of a sectoral nature Zimin VA should become the "pillars" of the system of executive authorities. Executive power in the Russian Federation. - Samara, 2007 .-- P. 118.

Analyzing the system of federal executive bodies, the candidate concludes that these bodies are a complex hierarchical, multi-sectoral and multifunctional system that unites both collegial and one-man bodies, as a result of which it is necessary to develop a clear legal basis for the delineation of their powers.

The system of executive authorities in various constituent entities of the Russian Federation has its own specifics, which is due to the status of a constituent entity of the Russian Federation, as well as its traditions of building a system of state power.

The status of the head of the executive power of the republics within the Russian Federation is due to the peculiarities legal status President of the Republic. The analysis shows that there are three options for the status of the President of the Republic:

the President is the Head of the Republic and its highest official (Republic of Ingushetia, Republic of Bashkortostan);

the president of the republic is the head of the republic, the highest official and heads the system of executive bodies of the republic. At the same time, the government is headed by the prime minister, appointed by the president (the Republic of Sakha (Yakutia), the Republic of Tyva, the Republic of Tatarstan);

the president of the republic is the head of the republic, the highest official, heads the system of executive power and is the chairman of the government of the republic (the Republic of Buryatia and the Republic of Komi).

An important role in the system of executive power of the republics is played by the Governments of the republics, which are the executive and administrative bodies. The executive power in Russia has overtaken the legislative one in terms of the number of laws // Vedomosti. 19.08.2010.

Generally, legal regulations the legislation of the republics makes it possible to clearly formulate the competence and powers of the bodies of the Governments of the republics, in accordance with the established by the Constitutions of the republics legal status executive authorities.

The executive authorities of territories, regions, cities of federal significance are their administrations (governments). The system of executive power in these constituent entities of the Russian Federation is headed by the Head of Administration (Governor), who is the highest official of the territory, region, city of federal significance.

The adoption of the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" significantly influenced the revision of the structure and competence of executive bodies. At present, the variety of forms of organization of the system of executive authorities in the territories and regions of the constituent entities of the Russian Federation is being built into a single scheme according to which the governor (head of administration) is the head of the constituent entity of the Russian Federation, who, as a senior official, manages the activities of the administration, which includes the government of a constituent entity of the Russian Federation and structural subdivisions of the administration itself.

The structure of the executive authorities of the constituent entities of the Russian Federation is quite diverse. This is due to the fact that the nature of the controlled objects, the objective conditions and factors of life on the territory of the constituent entities of the Russian Federation are in many respects unique in their characteristics. All these factors determine the general, singular and specific in the construction of the system of executive authorities of the constituent entity of the Russian Federation.

A feature of the system of executive bodies in cities of federal significance is its centralization, which is expressed in significant administrative powers of the head of the executive power. The mayor and the governor are in charge of appointments, ranging from the heads of all bodies subordinate to the city administration and ending with the combination of the posts of head of administration and head of government in the same place. ...

In this regard, an important problem in the field of organizing the system of executive authorities in the constituent entities of the Russian Federation is their interaction with local authorities. The dissertation candidate notes that in the Russian Federation local self-government often exists only formally. The Constitution of the Russian Federation of 1993 does not contain norms allowing to delineate the competence of bodies of state power of constituent entities of the Russian Federation and executive bodies of local self-government, this leads to unlawful interference of bodies of state power in matters local significance... In this regard, it seems necessary to introduce amendments and additions to the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation" that clarify issues of local significance and regulate the procedure for transferring powers of local self-government bodies to executive bodies of the constituent entities of the Russian Federation. It is assumed that it will be possible to increase the independence and responsibility of local self-government bodies to citizens by means of significant restrictions for the executive authorities of the constituent entities of the Russian Federation on decision-making that are not provided by sources of funding A.A. Starovoitov. Organizational and legal problems of the relationship between the legislative and executive bodies of state power of the constituent entities of the Russian Federation: dis .... cand. jurid. sciences. - M., 2007 .-- P. 109.

The division of powers between federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies should be based on the following principles:

realistic list of subjects of jurisdiction of the constituent entities of the Russian Federation, as well as issues of local importance. The imposition of powers on the executive authorities of the constituent entities of the Russian Federation and local self-government bodies, the implementation of which is impossible within the limits of the material and financial resources at their disposal, leads to an increase in social tension;

inadmissibility of arbitrary assignment of responsibilities for the exercise of powers to other levels of public authority as federal center to the subjects of the Federation, and the latter to local self-government.

The possibility of vesting, delegating and transferring powers in the system of executive power should be based solely on laws.

Conclusion

So, the Russian Federation realizes its tasks and functions through the activity of its mechanism of state power, through the state bodies included in this mechanism and its employees.

The body of the state is a legally formalized, organizationally and economically separate part of the state mechanism, consisting of civil servants, endowed with state-power powers and the necessary material means to carry out, within its competence, certain tasks and functions of the state. And the very mechanism of the modern Russian state is permeated with uniform, legislatively enshrined principles, based on the principle of separation of powers and having the necessary material appendages of a system of state bodies.

Bodies of state power are formed and function on the basis of certain principles of organization and operation of the mechanism of the state. The principle of separation of powers is a rational organization of state power in a democratic state, in which flexible mutual control and interaction is carried out higher bodies states as parts of a single power through a system of checks and balances.

It should be noted that for countries with established democratic traditions and customs, there is nothing special in the functional confrontation. There is nothing abnormal in the fact that each of the branches of power seeks to “realize” itself as much as possible, including through attempts to “belittle” its activities or “intercept” some secondary functions from other authorities. The anomalous nature of the relationship between these authorities arises only when unlawful methods are used in the process of resolving the contradictions existing between them. In such cases, it is often it comes not about formal violations of the principle of separation of powers, but about its actual destruction.

Bibliography

I. Normative legal acts

1. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993) // Ros. gas. - 1993 .-- December 25.

2. On the structure of federal executive bodies ": decree of the President of the Russian Federation of May 12, 2008 No. 724 // SPS" ConsultantPlus "(date of treatment 11/05/2010).

II. Literature

3. Administrative law of Russia / ed. Bakhrakh D.N. - M., 2009 .-- 560 p.

4. Aybazov R.U. Constitution and public administration in the Russian Federation (experience of legal and socio-political analysis). - M., 2007 .-- 89 p.

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The Constitution enshrines the concepts of the system and structure of federal executive bodies. So, item "g" of Art. 71 of the Constitution establishes that the jurisdiction of the Russian Federation is the establishment of the system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; the formation of federal bodies of state power. However, the Constitution mentions the structure of federal executive bodies only in connection with the appointment of the Chairman of the RF Government. According to Part 1 of Art. 112 of the Constitution, the Chairman of the Government of the Russian Federation, no later than a week after appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies.

How do the concepts of "system" and "structure" of federal executive bodies relate? These concepts are subordinate. The system reveals its content through the structure of its constituent organizational and functional elements. The system is the result of combining the structural units that form it in unity and integrity. The concept "structure" means "structure, internal structure".

V includes ministries and other federal executive bodies, which are determined on the basis of the Constitution, the Law on the Government of the Russian Federation, other federal laws and decrees of the President of the Russian Federation.

In March 2004, a large-scale administrative reform, the ultimate goal of which is the formation of an effective system of public administration in the Russian Federation. The first regulatory legal act that laid the foundation for administrative reform, became the Decree of the President of the Russian Federation of 09.03.2004 No. 314 "On the system and structure of federal executive bodies". This Decree determined the directions for the implementation of the reform, established the basic terms and concepts that in a new way define the activities of federal ministries and other federal executive bodies.

So, according to this Decree in system of federal executive bodies included:

Federal Ministry;

federal Service;

federal agency.

According to this Decree, the currently created system of public administration in the Russian Federation is based on following principles:

the system of federal executive bodies includes only federal ministries, services and agencies;

provides for a clear and strict division of the functions of these federal executive bodies;

each federal executive body carries out strictly defined functions established by acts of the President of the Russian Federation and the Government of the Russian Federation (legal regulation in the established field of activity, functions of control and supervision, as well as functions of managing state property);

federal ministry coordinates and control over the activities of federal services and agencies under its jurisdiction. Federal ministers have the right to issue directives to the heads of federal services and federal agencies subordinate to the relevant federal ministries, to suspend, if necessary, decisions of such federal services and federal agencies (their leaders) or to cancel these decisions, unless another procedure for their cancellation is established by federal law ...

In a number of areas determined by the President of the Russian Federation, these executive authorities exercise state administration independently and are not subordinate to federal ministries (for example, the Federal Security Service of the Russian Federation).

It is also very important to take revenge on the fact that in accordance with the structure of federal executive bodies, approved by the Decree of the President of the Russian Federation of 20.05.2004 No. 649, two groups of federal executive bodies:

united under the jurisdiction of the relevant federal ministry and exercising state administration in the relevant area (for example, the Ministry of Finance of the Russian Federation and the Federal Tax Service, the Federal Service for Financial and Budgetary Supervision and the Federal Treasury);

independent and not subordinate to federal ministries (for example, the Federal Security Service of the Russian Federation, the Federal Service of the Russian Federation for Drug Control, the Federal Antimonopoly Service, the Federal Tariff Service, and a number of others).

In this regard, the President of the Russian Federation and the Government of the Russian Federation directly manage the federal executive bodies that are not subordinate to federal ministries, and through federal ministers - the activities of federal executive bodies subordinate to federal ministries.

Legal status of federal executive bodies characterized by the following main features (functions):

federal ministry:

• a) is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation. The Federal Ministry is headed by the Minister of the Russian Federation (Federal Minister) who is a member of the Government of the Russian Federation;
• b) on the basis of and in pursuance of the Constitution, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently carries out legal regulation in the established area of ​​activity, with the exception of issues legal regulation of which is carried out exclusively by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation;
• c) in the established field of activity, he is not entitled to exercise control and supervision functions, as well as functions of managing state property, except for cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation. These restrictions on the functions of the ministry do not apply to the functions of property management assigned to the ministry on the right operational management, solving personnel issues, as well as issues of organizing the activities of the ministry and its structural units;
• d) coordinates and controls the activities of federal services and federal agencies under its jurisdiction. The federal ministry submits to the Government of the Russian Federation, upon the proposal of the heads of the federal services and federal agencies subordinate to the ministry, draft regulations on them, proposals on the maximum number and payroll of employees in them subordinate federal executive bodies, submits to the Ministry of Finance of the Russian Federation proposals on the formation federal budget and financing of subordinate federal executive bodies;
• e) coordinates the activities of state non-budgetary funds;

federal Service:

• a) is a federal executive body that carries out the functions of control and supervision in the established area of ​​activity, as well as special functions in the field of defense, state security, protection and protection of the State border of the Russian Federation, the fight against crime, and public safety. The federal service is headed by the head (director) of the federal service. The federal service for supervision in the established area of ​​activity may have the status of a collegial body;
• b) within its competence, issues individual legal acts on the basis of and in pursuance of the Constitution, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, regulatory legal acts of the federal ministry that coordinates and controls the activities of the federal service. The federal service may be subordinate to the President of the Russian Federation or be subordinate to the Government of the Russian Federation;
• c) is not entitled to carry out legal regulation in the established area of ​​activity, except for the cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation, and the federal service for supervision - also the management of state property and the provision of paid services; federal agency :
• a) is a federal executive body exercising functions in the provision of public services, management of state property and law enforcement functions in the established area of ​​activity, with the exception of control and supervision functions. The federal agency is headed by the head (director) of the federal agency;
• b) within its competence, issues individual legal acts on the basis of and in pursuance of the Constitution, federal constitutional laws, federal laws, acts and orders of the President of the Russian Federation, the Government of the Russian Federation and the federal ministry that coordinates and controls the activities of the federal agency. A federal agency may be subordinate to the President of the Russian Federation;
• c) does not have the right to carry out legal regulation in the established area of ​​activity and functions of control and supervision, except for cases established by decrees of the President of the Russian Federation or decrees of the Government.

Thus, the currently created system of public administration provides for division of functions and powers in the relevant field of activity federal ministry and other federal executive bodies. The rules for organizing the activities of federal executive bodies for the implementation of their functions and powers and the interaction of these bodies, including the rules for organizing the interaction of federal ministries with the federal services and federal agencies under their jurisdiction, are determined by their regulations. The model regulations for interaction of federal executive bodies were approved by the RF Government Decree of January 19, 2005 No. 30.

Questions structures of federal executive bodies are determined by the Constitution (Articles 80, 83, 90, PO, 112, 114 and 115) and on its basis - the Law on the Government of the Russian Federation and the decree of the President of the Russian Federation, which approved the structure of federal executive bodies and the list of names of the bodies included in it. The concept of the structure of federal executive bodies contained in Art. 112 of the Constitution. It follows from this article that the concept "structure of federal executive bodies" contained in it includes a list of specific bodies included in the system of federal executive bodies and ensuring the implementation of the tasks and powers assigned to it by the Government of the Russian Federation. The structure of federal executive bodies is approved by the President of the Russian Federation.

The structure of federal executive bodies approved by the Decree of the President of the Russian Federation of 05/21/2012 No. 636 "On the structure of federal executive bodies" and includes three main blocks.

Into the first block includes federal ministries, federal services and federal agencies, the activities of which are controlled by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries.

To the second block includes federal ministries, which are headed by the Government of the Russian Federation, federal services and federal agencies subordinate to these federal ministries. These federal services and federal agencies are managed by the Government of the Russian Federation through the federal ministries to which they are subordinate.

To the third block includes federal services and federal agencies, which are managed directly by the Government of the Russian Federation.

A feature of this structure of executive bodies, What distinguishes it from the one that existed earlier both in the Russian Federation and in the USSR is the fact that most federal executive bodies are subordinate and subordinate to the relevant ministries in the areas of state administration. For example, federal executive bodies exercising state control in the field of defense (Federal Service for Military-Technical Cooperation, Federal Service for Technical and Export Control; Federal Agency for the Supply of Military Armaments, Special Equipment and Materials and the Federal Agency for Special Construction) are subordinate to To the Ministry of Defense of the Russian Federation.

The structure includes the following federal executive bodies.

T. Federal ministries, federal services and federal agencies, whose activities are managed by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries:

Ministry of Internal Affairs of the Russian Federation;

Ministry of the Russian Federation for civil defense, emergencies and liquidation of consequences natural Disasters;

Ministry of Foreign Affairs of the Russian Federation;

Federal Agency for Commonwealth Affairs Independent States, compatriots living abroad, and international humanitarian cooperation;

Ministry of Defense of the Russian Federation;

Federal Service for Military-Technical Cooperation;

Federal Service for Technical and Export Control;

Federal Agency for the supply of weapons, military, special equipment and materiel; Federal Agency for Special Construction; Ministry of Justice of the Russian Federation;

Federal Service for the Execution of Sentences; federal Service bailiffs; State courier service of the Russian Federation (federal service);

Service foreign intelligence RF (federal service); Federal Security Service of the Russian Federation (federal service);

Federal Drug Control Service of the Russian Federation (federal service);

Federal Security Service of the Russian Federation (federal service);

Federal Service for financial monitoring(federal Service);

Main Directorate of Special Programs of the President of the Russian Federation (federal agency);

Administration of the President of the Russian Federation (federal agency).

II. Federal ministries, the activities of which are supervised by the Government of the Russian Federation, federal services and federal agencies subordinate to these federal ministries:

Ministry of Health of the Russian Federation;

Federal Service for Surveillance in Healthcare;

Federal Biomedical Agency; Ministry of Culture of the Russian Federation;

Federal Archival Agency;

Federal Agency for Tourism; Ministry of Education and Science of the Russian Federation;

Federal Service for Supervision in Education and Science;

Federal Agency for Youth Affairs; Ministry natural resources and ecology of the Russian Federation; Federal Service for Hydrometeorology and Environmental Monitoring:

Federal Service for Supervision of Natural Resources;

Federal agency water resources; Federal agency forestry; Federal Agency for Subsoil Use; Ministry of Industry and Trade of the Russian Federation;

Federal Agency for technical regulation and metrology;

Ministry of the Russian Federation for development Of the Far East; Ministry of Regional Development of the Russian Federation;

Federal Agency for Construction, Housing and Communal Services;

Ministry of Communications and Mass Media of the Russian Federation; Federal Service for Supervision in the Sphere of Communications, information technologies and mass communications;

Federal Agency for Press and Mass Communications;

Federal Communications Agency; Ministry of Agriculture of the Russian Federation;

Federal Service for Veterinary and phytosanitary supervision;

Federal Agency for Fisheries;

Ministry of Sports of the Russian Federation; Ministry of Transport of the Russian Federation;

Federal Service for Supervision of Transport;

Federal Air Transport Agency;

Federal Road Agency;

Federal Agency for Railway Transport;

Federal Agency for Sea and River Transport; Ministry of Labor and Social Protection of the Russian Federation;

Federal Service for Labor and Employment; Ministry of Finance of the Russian Federation;

The Federal Tax Service;

Federal Service for Financial and Budgetary Supervision;

Federal Treasury (Federal Service); Ministry economic development RF;

Federal Service for Accreditation;

federal Service state registration, inventory and cartography;

Federal Service for Intellectual Property;

Federal agency but state reserves; Federal Agency for State Property Management;

Ministry of Energy of the Russian Federation.

III. Federal services and federal agencies, the activities of which are supervised by the Government of the Russian Federation:

Federal Antimonopoly Service;

Federal State Statistics Service;

The Federal Migration Service;

Federal Service for Supervision of Consumer Rights Protection and Human Welfare;

Federal Service for Defense Orders;

Federal Service for the Regulation of the Alcohol Market;

Federal Customs Service;

Federal Tariff Service;

Federal Service for Financial Markets;

Federal Service for Environmental, Technological and Nuclear Supervision;

Federal Space Agency;

Federal Agency for the Development of the State Border of the Russian Federation.

FOIV system Is a set of state bodies, interconnected and interdependent, forming an integral unity in the process of implementing executive power throughout the territory of the Russian Federation. The system of federal executive authorities is based on the principle of federalism and administrative-territorial division, and within the jurisdiction and powers of the Russian Federation and on the subjects of their joint jurisdiction with the constituent entities of the Russian Federation, it is a unified system of executive power in the Russian Federation (clause 2 of Art. . 77 of the Constitution of the Russian Federation).

State as social system implements many functions to ensure the dynamic stability and sovereignty of its existence both in relation to the external environment (other states) and to the regulation of relations between citizens (organizations) and state structures. When implementing its functions, the state as an integral system can act in various forms. For example, as a subject of the international community; as a form of uniting people in a certain territory through legal connection (citizenship); as a spokesman and guarantor of common interests and goals; as a means or mechanism of legitimate coercion in the interests of the common will of citizens; as a specific form of self-government in society, etc.

The executive power, as one of the branches of state power, operatively and on a daily basis implements the largest volume of functions and tasks of state administration in terms of the subjects of jurisdiction and within the scope of its powers.

To the system of federal bodies executive power , approved by the decree of the President of the Russian Federation of August 14, 1996 No. 1176 includes: ministries of the Russian Federation, State Committees of the Russian Federation, Federal Commissions of Russia, Federal Services of Russia, Russian agencies, Federal Supervisions of Russia, Federal Commissions, as well as other Federal executive bodies under the President of the Russian Federation ...

Ministry of RF- a federal executive body conducting state policy and exercising control in the established area of ​​activity, as well as coordinating in cases established by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, the activities in this area of ​​other federal executive bodies ... The Ministry is headed by the Minister of Russia (Federal Minister) who is a member of the Government of the Russian Federation.

State Committee of the Russian Federation, Federal Commission of Russia- federal executive bodies, carrying out, on a collegial basis, intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain area of ​​activity. The State Committee of the Russian Federation, the Federal Commission of Russia are headed, respectively, by the chairman of the State Committee of the Russian Federation, the chairman of the Federal Commission of Russia.

Federal Service of Russia, Russian Agency, Federal Supervision of Russia- federal executive bodies that carry out special (executive, control, licensing, regulatory and other) functions in the established areas of competence. The Federal Service of Russia is headed by the head (director) of the Federal Service of Russia, the Russian Agency is the General Director of the Russian Agency, the Federal Supervision of Russia is the Head Federal supervision Russia.

The creation of federal executive authorities, their reorganization and liquidation are carried out by the President of Russia at the suggestion of the Chairman of the Government of Russia.

The regulations on federal executive authorities subordinate to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation, the Federal Law Commission and the Federal Law, are approved by a decree of the President of the Russian Federation, and the regulations on other federal executive bodies are approved by a decree of the Government of Russia.

The maximum number and wage fund of employees of the central office and territorial bodies federal executive bodies are approved by the Government of the Russian Federation.

Federal ministers are appointed and dismissed from office by the decree of the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation.

Deputy federal ministers are appointed to office and dismissed by the Government of the Russian Federation, unless otherwise established by federal constitutional laws and federal laws.

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 are appointed and dismissed from office in a specially established manner.

The system of executive bodies is based on the principle of federalism and administrative-territorial division, which is reflected in the Constitution of the Russian Federation, the constitutions of the republics within Russia, charters of the constituent entities of the Russian Federation, federal laws and laws of the constituent entities of the Russian Federation.

In accordance with the principle, the system of executive authorities includes two levels:

Federal executive bodies of the Russian Federation;

Executive authorities of the constituent entities of the Russian Federation (republics within Russia, territories, regions, cities of federal significance, an autonomous region and autonomous okrugs).

Being unified system executive power in the Russian Federation, these bodies are called upon, within the limits of their powers, to solve the main socio-economic problems, to protect the fundamental rights and freedoms of citizens, to ensure public order and the safety of citizens.

The institution of presidency occupies a special position in our country, which ultimately significantly affects the resolution of many economic, organizational and legal problems, not only at the theoretical, but also at the practical level. Some authors, for example, Korenev A.P. classifies the President of the Russian Federation as a federal executive body. Alekhin A.P. in terms of the specific weight of powers and their nature, he considers it “ special subject executive power".

The legal status of the President of Russia as the head of state, reconciling the actions of three independent branches of government and as a de facto senior official of the executive branch (cancels the decree of the Government of the Russian Federation and dismisses him, has the right to preside over a meeting of the Government of the Russian Federation), requires his constitutional permission relations with the Government of Russia, which did not find a clear legal fixation in the FKZ "On the Government of the Russian Federation", adopted on 17.12. 1997, as amended by 31.12.1997

A distinction should be made between the concepts “ system" and " structure»Executive authorities. So, the system of executive bodies is a set of bodies and the relationship between them; the structure of executive authorities - their internal structure, internal organization of structural divisions and positions.

The system of federal executive bodies is created in accordance with the constitutional delineation of powers in this area between the Russian Federation and its subjects. The exclusive jurisdiction of the Russian Federation includes the establishment of a system of federal executive bodies, the procedure for their organization and activities, the formation of federal executive bodies (clause "g" of Article 71 of the Constitution of the Russian Federation).

The system of federal executive bodies, on the one hand, is characterized by stability (in terms of organizational and legal forms and functions), on the other hand, it is characterized by dynamism (depending on the the given time tasks, new organs are formed, those that have already exhausted their purpose are abolished, organs are reorganized, etc.). So, after the entry of Crimea into the Russian Federation in order to fulfill the functions of developing projects government programs for the development of the Crimean Federal District, coordination of activities for the implementation of these programs and control over the implementation by the state authorities of the Republic of Crimea and the city of Sevastopol of the powers of the Russian Federation transferred to them in accordance with the legislation of the Russian Federation, the Ministry of the Russian Federation for Crimea was created.

The system of federal executive bodies is determined by the Decree of the President of the Russian Federation of 09.03.2004 No. 314 "On the system and structure of federal executive bodies" and the Decree of the President of the Russian Federation of 21.05.2012 No. 636 "On the structure of federal executive bodies". It is built on the basis of a clear delineation of the administrative functions of the executive authorities.

Currently, the system of federal executive bodies are included:

1. federal ministries:
2. federal services;
3. federal agencies.

Federal ministry is a federal executive body that carries out the functions of developing state policy and legal regulation in the field of activity established by the acts of the President of the Russian Federation and the Government of the Russian Federation. Headed by the Minister of the Russian Federation (Federal Minister), who is a member of the Government of the Russian Federation. Functions federal ministry:

• development of state policy in the established field of activity (education, Agriculture, culture, etc.);
• legal regulation in the established field of activity (functions for the adoption of normative legal acts) - the publication on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws binding on state authorities, local governments, their officials, legal entities and citizens of the rules behavior that extends to an indefinite circle of people;
• coordination and control of the activities of federal services and federal agencies under its jurisdiction;
• coordination of activities of state off-budget funds.

Examples of federal ministries: Ministry of Internal Affairs of the Russian Federation. Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters; Ministry of Defense of the Russian Federation; Ministry of Health of the Russian Federation; Ministry of Education and Science of the Russian Federation; Ministry of Finance of the Russian Federation, etc.

federal Service is a federal executive body that exercises control and supervision functions in the established area of ​​activity, as well as special functions in the field of defense, state security, protection and protection state border RF, crime prevention, public safety. Headed by the head (director) of the federal service. The Federal Service for Supervision in the established area of ​​activity may have the status of a collegial body. Functions of the federal service:

• on control and supervision in the established field of activity (implementation of actions to control and oversee the implementation by public authorities, local authorities, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other normative legal acts of generally binding rules behavior; issuance by state authorities, local governments, their officials permits (licenses) to carry out a certain type of activity and (or) specific actions to legal entities and citizens; registration of acts, documents, rights, objects);
• the publication of individual legal acts within the limits of their powers;
• special functions in the field of defense, state security, protection and protection of the state border of the Russian Federation, the fight against crime, public security (Foreign Intelligence Service of the Russian Federation, Federal Security Service of the Russian Federation, Federal Security Service of the Russian Federation, etc.). Examples of federal services: Federal Service for Supervision in Education and Science; Federal Service for Veterinary and Phytosanitary Supervision; Federal Service for Supervision of Transport.

Federal agency- This is a federal executive body performing functions in the established sphere of activity for the provision of public services, for the management of state property and law enforcement functions, with the exception of control and supervision functions. Headed by the head (director) of the federal agency. A federal agency can have the status of a collegial body. Functions of the federal agency:

• for the provision of public services (provision of services to citizens and organizations in the field of education, healthcare, social protection of the population and in other areas established by federal laws free of charge or at prices regulated by public authorities by federal executive bodies directly or through their subordinate federal government agencies or other organizations );
• on the management of state property (exercising the powers of the owner in relation to federal property, including those transferred to federal state unitary enterprises, federal treasury enterprises and state institutions subordinate to the federal agency, as well as the management of federal-owned shares of open joint-stock companies);
• law enforcement functions (publication of individual legal acts within its competence).

Examples of federal agencies: Federal Agency for Tourism; Federal Agency for Youth Affairs; Federal Communications Agency; Federal Agency for Fisheries; Federal Agency for State Property Management.

Federal executive bodies may be directly under the jurisdiction of the President of the Russian Federation, the Government of the Russian Federation. and federal services and agencies are also run by the respective federal ministries.