Features of the exercise of state power by the constituent entities of the Russian Federation. State authorities of the constituent entities of the Russian Federation. The system of executive authorities of the constituent entities of the Russian Federation
One of the elements of the constitutional and legal status of the constituent entities of the Russian Federation is the presence of their own system of bodies state power.
The independence of the constituent entities of the Russian Federation assumes that they independently establish the types (system) of organs, their competence, relations between them, etc. However, the independence of the constituent entities of the Russian Federation in this matter is significantly limited. They are connected, firstly, by the norms-principles of the foundations constitutional order RF and, secondly, the rather strict provisions of the Federal Law of 06.10.l999 No. 184-FZ "On general principles organizations of legislative (representative) and executive bodies state power of the constituent entities of the Russian Federation ", as well as the norms of other federal laws.
State power in all constituent entities of the Russian Federation is organized on the basis of the principle of separation of powers.
The system of public authorities of the constituent entity of the Russian Federation generally includes:
1) the legislative (representative) body of state power; 2) the highest official of the constituent entity of the Russian Federation (head of the region);
3) the highest executive body of state power; 4) other government bodies.
Territorial bodies functioning on the territory of a constituent entity of the Russian Federation federal bodies of state power (executive, judicial) are not included in the system of bodies of state power of a constituent entity of the Russian Federation (although they carry out their activities in close cooperation with the latter).
State Legislature in the subject of the Russian Federation one (the highest and only). It is permanent, although some of the deputies may work on a non-permanent basis. The name of the legislative body is determined by the subject of the Russian Federation independently - it can be a council (state, supreme, regional, etc.), an assembly (state, legislative, people's, etc.), a duma (regional, regional, district, city, provincial), khural, parliament, etc.
The legislative bodies of the constituent entities of the Russian Federation are formed exclusively through the election of deputies by the population of the region, while at least 50% of parliamentary deputies must be elected according to a proportional electoral system (according to party lists), and the one-party composition of regional parliaments is excluded - the federal law guarantees the provision of deputy mandates in the legislative body of a constituent entity of the Russian Federation representatives of at least two political parties. The term of office of regional parliaments cannot exceed five years.
Unlike the legislature executive branch in the subject of the Russian Federation carries out organ system, including the highest executive body of state power (government, administration) and other bodies executive power(ministries, departments, committees, departments, etc.). The system of executive bodies of state power is established by the law of the constituent entity of the Russian Federation, and their structure in accordance with the constitution (charter) of the constituent entity of the Russian Federation and the specified law is determined by the head of the region.
By general rule candidates for the post of the highest official of a constituent entity of the Russian Federation are nominated by political parties, however, the law of a constituent entity of the Russian Federation may provide for the possibility of self-nomination. At the stage of nominating candidates, the legislator has provided for two kind of "filters". First of all, each candidate must pass the so-called municipal filter, i.e. enlist the preliminary support of deputies of representative bodies municipalities and (or) the popularly elected heads of municipalities of the corresponding constituent entity of the Russian Federation (the specific number of required signatures is established by regional law in the range from 5 to 10% of the local deputy corps and elected heads of municipalities).
The supreme executive body of a constituent entity of the Russian Federation is formed by the head of the region, but the legislation of the constituent entity of the Russian Federation may establish the need to obtain consent for the appointment of some officials parliament of the constituent entity of the Russian Federation.
Talking about organization judiciary in the constituent entities of the Russian Federation, the following should be borne in mind. Actually, the courts of the constituent entities of the Russian Federation are only constitutional (statutory) courts and justices of the peace. Proceeding from the fact that justices of the peace (who are judges general jurisdiction constituent entities of the Russian Federation) are deprived of the opportunity to participate in the resolution of public law disputes (they consider only certain categories of criminal, civil and administrative cases), in the implementation of the principle of separation of powers into regional level only constitutional (statutory) courts are involved
The principles of organizing the system of public authorities in the constituent entities of the Russian Federation:
1) state and territorial integrity of the Russian Federation(i.e., the constituent entities of the Russian Federation are not entitled to form authorities that are not established by the Constitution of the Russian Federation and other federal laws; it is unacceptable to establish any other boundaries between individual constituent entities of the Russian Federation than administrative-territorial ones, and it is unacceptable for the constituent entities of the Russian Federation to establish border marks, customs and customs duties);
2) sovereignty of the Russian Federation applies to the entire territory of the Russian Federation (i.e., the Russian Federation exercises its exclusive powers in any of its subjects and in all subjects at the same time equally, no authority has the right to limit the sovereignty of the Russian Federation);
3) supremacy of the Constitution of the Russian Federation(i.e., when forming public authorities in the constituent entities of the Russian Federation and establishing their competence, it is necessary to observe the provisions of the Constitution of the Russian Federation concerning the relevant bodies. And this principle also means that all acts adopted by the authorities of the constituent entities of the Russian Federation must comply with the Constitution of the Russian Federation and must not concern issues that are not within the competence of the relevant authority);
4) unity of the system of state power both at the federal level and in the constituent entities of the Russian Federation (i.e., within the jurisdiction of the Russian Federation and its powers in matters of joint jurisdiction of the Russian Federation and its constituent entities, federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation form a single system of state power of the Russian Federation, thus, the competence of these bodies is similar to each other, but is limited by the territorial limits of the corresponding subject of the Russian Federation and the subjects of jurisdiction fixed in the Constitution of the Russian Federation);
5) division of power into three branches: legislative, executive and judicial (i.e., the principle of separation of powers into legislative, executive and judicial should be observed not only in relation to the highest federal bodies state power, but also in the regions during the formation of the relevant bodies);
6) delimitation of the jurisdiction of the Russian Federation, constituent entities of the Russian Federation and local authorities(that is, the federal authorities are granted the right, by agreement with the authorities of the constituent entities of the Russian Federation, to transfer to the latter part of their powers. In turn, the authorities of the constituent entities of the Russian Federation, by agreement with the federal authorities, have the right to transfer their powers to them, thus carrying out the correspondence of powers within the unified system There are a number of powers that cannot be transferred, excluded, or otherwise redistributed between different levels of government: subjects of jurisdiction of the Russian Federation; subjects of joint jurisdiction of the Russian Federation and its subjects; subjects of jurisdiction of subjects of the Russian Federation);
7) non-interference of the state authorities of the constituent entities of the Russian Federation in the competence of the state authorities of the Russian Federation (i.e., despite the unity of the system of state authorities, neither the federal authorities, nor the authorities of the constituent entities of the Russian Federation have the right to exercise powers outside their competence, established by the Constitution of the Russian Federation, laws or treaties on the delimitation of jurisdictions between these bodies).
B.6.1. Subject of the Federation: legal status and powers
B 6.5. Fundamentals of the status of the highest official of a constituent entity of the Russian Federation
B. 6.4. The system and structure of the executive authorities of the constituent entity of the Russian Federation
B. 6.3. Legislative (representative) body of a constituent entity of the Russian Federation
A The analysis of the place and role of the subject of the federation, which is a constituent entity of the federation, is a basic problem for understanding the essence and prospects of the federation and how it will be solved, what will be the relationship of the constituent parts of the federation (subjects) depends on the nature of the federal state and its viability. The role and place of the constituent entity of the Federation in the Russian Federation, where a difficult transition period from formal federation(and in fact a rigidly unitary state) to a federal state. The Russian statehood, the culture of governance in modern conditions is dominated by a huge burden of stereotypes of unitarianism, which is passed off as the main sovereign idea, and the fear of the collapse of the Russian Empire and the Soviet Union, which, by the way, are to a greater extent associated with rigid unitarianism and centralization.
Legal status of the constituent entity of the Russian Federation. In accordance with the Constitution of the Russian Federation, we have fixedthe principle of constitutional federation. The foundations of the constitutional system characterize Russian statehood in modern conditions as democratic, federal, legal state. This characteristic fully determines the nature of the constituent entities of the Russian Federation. Based on the provision of the Constitution of the country that bearer of sovereignty and sole source of power is an multinational people , in the subjects of the Federation source of power is also their population , or, as noted, "Multinational people" of the subject of the Federation ... At the same time, reflecting the interests of the entire population, the Constitution, in particular, confirms the provision that the multinational people of the Russian Federation, adopting the Constitution, proceeds from the generally recognized principles of equality and self-determination of peoples. The chapter "Fundamentals of the Constitutional System" (in Art. 4 of the Constitution of the Russian Federation) emphasizes that the sovereignty of the Russian Federation extends to its entire territory and therefore supremacy of the country's Constitution and federal laws, proceeding from the will and sovereignty of a single people, thereby ensuring integrity and inviolability of its territory... In this regard, a federal state is not much different from a unitary one. And regardless of what the subject of the Federation is called, it is located in a single legal field of the rule of law, protects the rights and freedoms of citizens and local communities. Citizens country and all entities Federation, and not just the subjects of the Federation, are formed by the bodies of state power of the Russian Federation and its subjects. All of the above does not mean at all that the federal authorities have unlimited powers. In a federal state, the principle of separation of powers, including the vertical one, operates. The mechanism for the separation of powers in different countries may be different.
Article 5 of the Constitution of the Russian Federation directly determines the status subjects of the Federation. The constitutional foundations also include principle of equality of subjects of the Federation, which does not allow the subordination of some subjects of the Federation to others. The different names of the subjects of the Federation and even their basic laws should not lead to differences in their status. Republics of the Russian Federation ("states") and all other subjects of the Federation - krai, oblast, autonomy - are the same state formations. The only difference is that the republics, even in the days of the Soviet Union, had signs of state formations, albeit formally. It is important to pay attention to the fact that in accordance with h. 3 tbsp. 5 The Constitution of the Russian Federation federated structure on state integrity, the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of its subjects.
The unity of the Russian Federation also ensures compliance with principles of "equality and self-determination of peoples in the Russian Federation" and is based on unity of legal and economic space... Based on the foregoing, chapter 3 of the Constitution of the Russian Federation "Federal structure" does not allow establishing on the territory of the country any barriers preventing the free movement of people, goods, services, etc.
On separation of powers state power is also being built in the constituent entities of the Federation. General principles for the formation of public authorities in the constituent entities of the Federation are determined by federal laws, they are formed by the constituent entities of the Federation themselves, taking into account the listed requirements, the main of which is the principle of maintaining the unity of the system of state power, ensuring the unity of economic and legal space. In the conditions of the Federation, this principle ensures at the same time the division of powers along the vertical and does not allow over-centralization of state power. Hence - the necessity and expediency of the independence of the subjects of the Federation. Federal executive branch carries out the function of executing the laws of the Russian Federation in the center and at the local level. Executive power of the subjects of the Federation complies with laws and regulations of the constituent entities of the Federation. Local government acts as part of a unified system of territorial government by the state.
The judiciary is formed by: the Constitutional Court and other constitutional, statutory courts, the Supreme Arbitration court and other arbitration courts, the Supreme Court and other courts of general jurisdiction.
The most important institution of federalism - bicameral parliament, and legislative, executive and representative bodies of the subjects of the federation, the presence of which creates problem compatibility of federal and regional legal systems. In general, the concept of a "system of state power", embedded in the foundations of the constitutional order, defines the structural and functional diversity and unity of state power in the Russian Federation and at the same time serves to designate the totality of all state power bodies interconnected and interacting with each other in the course of the exercise of state power. The subject of the Federation exercises its own competence independently through its own system of state authorities.
Powers and equality of the subjects of the Federation. The powers of the subjects of the Federation are determined on the basis of the principle of delimiting the subjects of jurisdiction and powers between the federal authorities and the authorities of the constituent entities of the Federation. At the same time, the peculiarities and needs of the subject of the Federation are taken into account, the possibility of independently solving the tasks facing it, although it is necessary to overcome the age-old and flawed theses that some subjects are dependent and are part of larger units, while others are the majority of national (mostly non-Russian) state formations - for a number of decades enjoyed wider self-government than the territories and regions with the Russian population. These are initially provocative theses that excite the consciousness of citizens and impose on them a sense of inferiority. In fact, no one will prove that, on the one hand, Chuvashia, Tatarstan, Sakha (Yakutia), Dagestan or Kabardino-Balkaria are colonially dependent on someone, or that, on the other hand, Sverdlovsk, Saratov and other regions, Stavropol or Krasnoyarsk Territory have ever had less powers than the republics. According to many norms of representation, including in the highest party Soviet bodies, these large Russian regions and territories were at one time practically equated with the union republics.
The status of the subjects of the Federation, primarily determined scope of their powers ... The subjects of jurisdiction and powers in the Constitution are delimited:
Art. 71- the exclusive powers of the Russian Federation;
Art. 72- subjects related to joint jurisdiction;
Art. 73 indicates that "the subjects of the Federation have full state power outside the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the subjects of the Federation."
On subjects of joint jurisdiction federal laws are adopted and in accordance with them legal acts subjects of the Federation. The Federal Assembly creates entire branches of legislation together with the constituent entities of the Federation. However, the provision that the constituent entities of the Federation have the right to issue their own laws on subjects of joint jurisdiction before the publication of the corresponding federal law has led to a mass of unacceptable contradictions between federal legislation and the legislation of the constituent entities of the Federation. It is these powers that were noted in the constitutions and statutes of a number of subjects of the Federation. Unfortunately, the time is gone when subjects of joint jurisdiction The legislative body of the Russian Federation issued the Fundamentals of Legislation, which included articles of direct action, and at the same time left room for lawmaking for regional legislators.
In a similar way the RF Law of February 21, 1992 “On Subsoil” was created. Later, they introduced only procedures for rather formal approval of draft laws with the constituent entities of the Federation, in fact, minimizing cooperation in the field of lawmaking.
The system of government bodies of the constituent entities of the Federation. The diversity and specificity of the subjects of the Federation are reflected in their constitutions and statutes. They are different in name, but have the same legal force in regulation powers of subjects Federation. General requirements for the constitutions and charters of the constituent entities of the Federation are enshrined in the foundations of the constitutional system of the Russian Federation. In Art. 77 The Constitution of the Russian Federation states that the system of authorities of the subjects of the Federation is established by the subject of the Federation itself in its constitutions and statutes, but taking into account the foundations of the constitutional system of the Russian Federation and the general principles of organization of representative and executive bodies of state power, determined by federal laws. The Federal Law "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" was adopted in 1999.
The system of public authorities of the constituent entities of the Russian Federation includes: legislative (representative) government bodies, executive government bodies headed by the chairman of the government, the chairman of the state council in the republics, heads of administrations and governors in other constituent entities of the Federation, magistrates, constitutional and statutory courts. The Constitution of the Russian Federation does not regulate the list and content of the activities of these authorities. At present, the process of concretizing the powers and capabilities of the constituent entities of the Federation is under way.
General principles organization of the system of public authorities of the constituent entities of the Federation:
· State and territorial integrity of the Russian Federation;
· The spread of the sovereignty of the Russian Federation throughout the country;
· The division of power horizontally and the unity of the system of state power;
· Vertical division of powers, delineation of jurisdictions and powers between the bodies of state power of the Russian Federation and the bodies of state power of its subjects;
· Independent activity of the bodies of state power of the constituent entities of the Russian Federation within the framework of their powers.
The systems of state power bodies of the constituent entities of the Federation are largely copied from the system of state power bodies of the Russian Federation. The unity of the system of state power in the Russian Federation is ensured by the federal Constitution and laws, as well as by mechanisms for coordinating activities and institutions of representation.
The Federal Assembly pays insufficient attention to legislative initiatives of the constituent entities of the Federation. During four years of work The State Duma 2001-2004 constituent entities of the Federation submitted more than 500 bills, but only about 15 of them were adopted.
In a detailed way, members of the Federation Council presented 300 bills, of which the State Duma adopted only 7. The same is the degree of participation of the subjects of the Federation in the sphere of governance. There is no clear coordination activity of the Government of the Russian Federation on the subjects of joint jurisdiction, which, in turn, makes it impossible to carry out a unified state policy in a number of industries and spheres. The proclaimed principle of the unity of the country's economic space is violated, first of all, due to the nature of the economic policy of the federal government.
Important role in the functioning of a unified system of public authorities play territorial bodies of federal executive power in the constituent entities of the Russian Federation. They are formed federal executive authorities to implement the laws of the Federation throughout the country. According to the Constitution of the Russian Federation ( h. 1 tbsp. 78) "Federal executive bodies for the exercise of their powers may create their own territorial bodies and appoint appropriate officials." The legal status of these bodies up to federal districts and plenipotentiary representatives of the President in them, as well as conditions of education and the nature of interaction with the state authorities of the constituent entities of the Federation, not fully defined... In a number of constituent entities of the Federation, the constitutions and statutes contain a provision on the compulsory coordination of personnel matters with the heads of the executive bodies of the constituent entities of the Russian Federation. Only the Russian Federation as a whole has all the necessary features of a sovereign state in full, and the subjects of the Federation participate in the exercise of federal powers within the limits and spheres established by the Constitution of the Russian Federation and federal laws.
The system of public authorities of the constituent entity of the Russian Federation make up:
1. Legislative (representative) body state power of a constituent entity of the Russian Federation, for example: The Legislative Assembly; Regional Duma and others;
2. Supreme executive body state power of a constituent entity of the Russian Federation, for example: Government of the constituent entity of the Russian Federation; Administration of the constituent entity of the Russian Federation, etc .;
3. The highest official of a constituent entity of the Russian Federation(in most subjects of the Russian Federation) or head of the highest executive body of state power of the subject RF, for example:
President of the republic within the Russian Federation;
Head of Administration (Governor) of a constituent entity of the Russian Federation;
Less often - the Head of the Government of a constituent entity of the Russian Federation, etc .;
4. Other bodies state power of the constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation.
System legislative(representative) and executive state authorities of the constituent entities of the federation established by the constituent entities of the Russian Federation independently according: with the fundamentals of the constitutional system of the Russian Federation and federal laws.
The main regulations governing issues organization of power in the subjects RF are:
1. The Constitution of the Russian Federation;
2. Federal law "On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation" dated 12.06.2002 No. 67-FZ (as amended on 11.12.2004);
3.Federal law "On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" dated 06.10.99 No. 184-FZ (as amended on 11.12.2004);
4. Constitutions (Basic Laws, Charters) of the constituent entities of the Russian Federation.
The basic document for a separate constituent entity of the Russian Federation, regulating, in accordance with the Constitution of the Russian Federation and the indicated federal laws, the foundations of the organization of power in the constituent entities of the Russian Federation, - basic law of a constituent entity of the Russian Federation.
The most common names for the basic law of a constituent entity of the Russian Federation: constitution (usually, this is the name of the basic law of the republics within the Russian Federation); charter or the basic Law in most of the rest of the subjects of the federation.
There are also unique names for the basic law, for example Steppe Code(Kalmykia).
Usually constitutions, statutes, basic laws subjects of the Russian Federation are accepted legislative (representative) bodies. In some republics, the basic law was adopted The Constitutional Assembly(in Kalmykia, Dagestan) or referendum(in Tuva, Ingushetia). The peak of adoption of the basic laws of the constituent entities fell on 1994-1997, in a number of constituent entities the basic laws were adopted after 2000. The Republic of Karelia is the only constituent entity of the Russian Federation, where the Constitution of 1978 is formally still in force (as amended on 05/30/2004). Typically, the constitutions and charters of the constituent entities of the Russian Federation are similar in form and structure to the Constitution of the Russian Federation (in terms of human rights), but they fix the foundations of the organization of power, taking into account the specifics of the subject of the Russian Federation.
Despite the diversity of the constituent entities of the Russian Federation, and their basic laws, the Federal Laws "On the Basic Guarantees of Electoral Rights and the Right to Participate in the Referendum of Citizens of the Russian Federation" and "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" principles binding on all constituent entities of the Russian Federation:
regularity of elections authorities (which does not allow to extend the term of office without elections, for example, to make a decision on the extension of powers, etc.);
prohibition to establish residency requirements for election to the authorities of a constituent entity of the Russian Federation (any citizen of the Russian Federation can be nominated for any position in any constituent entity of the Russian Federation, regardless of place of residence, for example, a resident of Moscow can become the governor of Chukotka, etc.);
prohibition to establish language qualifications (a constituent entity of the Russian Federation cannot establish a requirement for knowledge of the language (for example, Bashkir, Chechen, Buryat, etc.) as a condition for nomination to elective positions in the corresponding constituent entities of the Russian Federation);
Establishment the same age for active and passive suffrage:
18 years of age - for the right to vote;
21 years - for the right to be elected to the legislative (representative) body of the subject;
30 years - for the right to be elected head of a constituent entity of the Russian Federation (subjects of the Russian Federation do not have the right to establish other age requirements);
election of the highest official of the constituent entity of the Russian Federation by the legislative (representative) body of the constituent entity for proposal RF President (i.e., starting from 2005, no constituent entity of the Russian Federation will be able to establish direct elections of its highest official directly by the population - for example, both the mayor of Moscow and the President of Chechnya are now actually appointed by the President of the Russian Federation (if there is no special. the law on these and other subjects);
establishment maximum term powers of any state authority of a constituent entity of the Russian Federation - 5 years. It means that:
The basic law of a constituent entity of the Russian Federation cannot establish the term of office of elected bodies (for example, the legislative assembly) of one convocation for more than 5 years (for example, 6 years);
The highest official of a constituent entity of the Russian Federation cannot be empowered for a period of more than 5 years (for example, appointed once for 10 years or 8 years, - a reappointment must take place after a maximum of 5 years);
Any elected body must be re-elected at least once every 5 years.
The system of public authorities of a constituent entity of the Russian Federation- bodies that exercise state power in a constituent entity of the Russian Federation formed in accordance with the principle of separation of powers in the manner prescribed by federal law.
The Federal Law of October 6, 1999 "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation" establishes that the State Regulatory Committee RF are:
Legislative (representative) body of state power of a constituent entity of the Russian Federation;
The highest executive body of state power of the constituent entity of the Russian Federation;
Other state authorities of the constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation.
In addition, the constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation.
Accordingly, such a system includes:
President of the republic (head of state, head of the republic) or governor of a region, region (in some republics there is no single head of state);
Legislative (representative) body, government (cabinet, administration), and judicial authorities submitted by justices of the peace.
In a number of constituent entities of the Russian Federation (republics), the status of the judiciary is at odds with the status determined by the Federal Constitutional Law of December 31, 1996 "On judicial system Of the Russian Federation. "Thus, in a number of republics (Tatarstan, Bashkortostan, Sakha (Yakutia), the judicial authorities are removed from the judicial system of the Russian Federation.
The Constitution of Bashkortostan establishes that the courts are subject only to the law and the Constitution of the Republic of Bashkortostan. In almost all republics, constitutional courts have been established, called the highest bodies of state power of the republic for the protection of its constitutional order (in Adygea, such a court is called The Constitutional Chamber, in Tatarstan and North Ossetia-Alania these are the committees of constitutional review).
Since the constitutions of the republics were adopted before the entry into force of the above Federal Law, the norms of republican constitutions that contradict this Law must be recognized as unconstitutional in the prescribed manner.
The system of public authorities of the constituent entities of the Russian Federation consists of:
1. Legislative (representative) body of state power.
2. The highest executive body of state power.
3. Other government bodies formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation (in particular, the position of the highest official of the constituent entity of the Russian Federation may be established).
Legislative (representative) body of state power of the constituent entity of the Russian Federation:
Adopts the constitution (charter) of the constituent entity of the Russian Federation and amendments to them.
Approves the budget of the constituent entity of the Russian Federation and the report on its implementation; programs of socio-economic development of the constituent entity of the Russian Federation.
Establishes taxes and fees attributed to the jurisdiction of the constituent entity of the Russian Federation, as well as the procedure for their collection; the procedure for managing the property of a constituent entity of the Russian Federation; the procedure for holding a referendum of a constituent entity of the Russian Federation, elections to the legislative body and the head of the supreme executive body of state power of the constituent entity of the Russian Federation.
Establishes the administrative-territorial structure and approves the management scheme of the constituent entity of the Russian Federation.
Regulates other issues related to the jurisdiction and powers of the constituent entity of the Russian Federation.
By the decree of the legislative body, individual officials of the constituent entity of the Russian Federation are appointed and dismissed; a decision on distrust (confidence) is drawn up in the heads of the executive authorities of the constituent entity of the Russian Federation, in the appointment of which the legislative body took part. The legislative body exercises control over the observance and implementation of the laws of the subject of the Russian Federation, the execution of the budget of the subject of the Russian Federation.
The laws adopted by the legislative body are sent to the highest official of the constituent entity of the Russian Federation for promulgation within a period not exceeding 14 calendar days. In case of rejection of the law, it can be approved in the previously adopted version by a majority of at least 2/3 of votes of the established number of deputies. A law approved in this way cannot be rejected by a senior official of a constituent entity of the Russian Federation and is subject to publication within a specified period.
The powers of the legislative body of state power of a constituent entity of the Russian Federation may be terminated early in the following cases:
Decision-making on self-dissolution;
Dissolution by the highest official of a constituent entity of the Russian Federation;
The entry into force of a court decision on the incompetence of this composition of deputies, including in connection with the resignation of their powers.
The highest official of a constituent entity of the Russian Federation has the right to early terminate the powers of the legislative body if it adopts a normative legal act that contradicts the Constitution of the Russian Federation, federal laws, the constitution (charter) of the constituent entity of the Russian Federation, if such contradictions are established by the relevant court and are not eliminated by the legislative body. The President of the Russian Federation has the right to warn the legislative (representative) body, and if repeated violation submit to the State Duma a draft law on its dissolution and termination of powers.
In the constituent entity of the Russian Federation, a system of executive authorities is established, headed by the supreme executive body, headed by the head of the supreme executive body of state power.
The supreme executive body of state power of the constituent entity of the Russian Federation ensures the implementation of the normative legal acts of Russia and the constituent entity of the Russian Federation. The name, structure, procedure for the formation of the supreme executive body is established by the constitution (charter) and laws of the constituent entity of the Russian Federation.
The supreme executive body of state power of the constituent entity of the Russian Federation develops and implements measures for the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a single public policy in the field of finance, science, education, health care, social security and ecology. He develops budget projects, programs for the development of the constituent entity of the Russian Federation, ensures the implementation of the budget and programs of socio-economic development; manages and disposes of the property of the constituent entity of the Russian Federation, concludes agreements with federal executive authorities on the delimitation of the subjects of jurisdiction and powers; forms other executive authorities of the constituent entities of the Russian Federation.
The legislative and supreme executive bodies of state power of the constituent entity of the Russian Federation interact in order to effective management economic and social development and in the interests of the population. Legal acts of the executive power are sent to the legislative body, which has the right to propose amendments or additions to them or to cancel them, and also has the right to appeal against these acts in judicial procedure.
The highest official of a constituent entity of the Russian Federation has the right to apply to the legislative body with a proposal to amend and supplement the decision of the legislative body or to cancel them, and also has the right to appeal against these decisions in court. The legislative body sends to the supreme official the plans for legislative work and draft laws of the constituent entity of the Russian Federation. The meetings of the legislative body may be attended with the right of an advisory vote by the heads of executive bodies or persons authorized by them. Deputies or employees of the legislative body may be present at meetings of executive bodies.
The legislative body can participate in the formation of the supreme executive body of a constituent entity of the Russian Federation, agreeing on the appointment of individual officials of the supreme executive body. He has the right to express no confidence in the leaders of the executive authorities, in the appointment of which he took part, which entails their immediate dismissal.
Possible disputes between the legislative and supreme executive bodies on the implementation of their powers are resolved in accordance with conciliation procedures or in court.
The delimitation of powers of representative and executive bodies of state power is carried out on the basis of laws on state bodies adopted in the constituent entities of the Russian Federation. The boundaries of the independence of each branch of government are determined in the charters adopted in the region, territory. In each subject of the Russian Federation, these and other issues of authority are resolved in their own way.
The head of the administration has the right to initiate legislation, to sign and publish laws, to have a suspensive effect on laws, the exclusive right to submit bills to the budget, plans for socio-economic development, the structure of the administration, etc. Having endowed the administration with power levers, the Duma reserved the right to approve the deputy head of the administration, the structure of the administration, and the costs of its maintenance.
To perform the functions of executive power, structural subdivisions are created in the administration. In each constituent entity of the Russian Federation, their composition is determined taking into account local specific conditions. The following exemplary structure is recommended, developed by a specially created commission.
Within the framework of the powers determined by the Constitution of the Russian Federation, treaties and agreements, the constituent entities of the Russian Federation are independent and independent in their actions from the federal authorities.
The constituent entity of the Russian Federation possesses the territory and its powers depending on its entry into any other territory of Russia. So, the edge (area) and located within its boundaries autonomous region are equal subjects of the Russian Federation, the entry of the district into the territory does not change its legal status. The Constitutional Court of the Russian Federation ruled that the authorities of such subjects of the Russian Federation should build relations on the basis of treaties and agreements in which all areas of independent and joint activities krai (region) and autonomous okrug.
As a constituent entity of the Russian Federation, cities and districts are usually distinguished as administrative-territorial units. The Constitutional Court of the Russian Federation confirmed the right to create state power bodies at the level of a district, a city of republican significance, including them in the unified system of executive power of the Russian Federation.
Territorial units of a different level (a city of district subordination, other urban and rural populations, city districts in cities of republican significance) do not have such a status and government bodies cannot be created in them. At this level, public power is exercised through local self-government and its bodies that are not part of the system of public authorities.
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Federal State Treasury Educational Institution
Higher professional education
"Belgorod Law Institute
Ministry of Internal Affairs
Russian Federation"
Department of State and Legal Disciplines
Constitutional law of Russia
specialization - criminal law
on topic number 21: State authorities of the constituent entities of the Russian Federation
in the specialty 030901.65 Legal support national security
Prepared by:
Associate Professor of the Department of State Pedagogy, Candidate of Political
Sciences, Associate Professor A.A. Erygin
Belgorod - 2014
Introduction
One of the elements of the constitutional and legal status of the constituent entities of the Russian Federation is the presence of a system of government bodies. The model of the organization of state power that has developed in the Russian regions resembles the federal one, but does not copy it, which is explained by the historical, national and other characteristics of the constituent entities of the Federation.
Legislative (representative) bodies are formed through direct elections and exercise traditional powers for parliaments, the main of which is the adoption of regional laws.
Executive power in a constituent entity of the Federation is exercised by the highest official of the constituent entity of the Russian Federation and the highest executive body of state power (government, administration).
In 2012, there was a return to direct elections of the highest officials of the constituent entities of the Russian Federation (heads of republics, governors of territories and regions) with the use of "presidential" and "municipal" filters. The top officials of the constituent entities of the Russian Federation have a central place in the state mechanism of the constituent entity of the Federation.
The courts of the subjects of the Federation include constitutional (charter) courts and justices of the peace.
power legislative representative office
Question No. 1. General principles of the organization of state power in the constituent entities of the Russian Federation
In accordance with Part 1 of Art. 77 of the Constitution of Russia, the system of state power bodies of the constituent entities of the Russian Federation is established by them independently in accordance with the foundations of the constitutional system of the Russian Federation and the general principles of organizing representative and executive bodies of state power established by federal law. Taking into account the content of the foundations of the constitutional system of the Russian Federation, the system of state power bodies of the constituent entities of the Russian Federation should be based on the principles of a democratic federal law-based state with a republican form of government (part 1 of article 1 of the Constitution of the Russian Federation), focus on a person, his rights and freedoms, aim at recognition, observance and protection of human and civil rights and freedoms (Article 2), rely on the people as the only source of power (Article 3), proceed from the principles of separation of state power into legislative, executive and judicial, independence of legislative, executive and judicial authorities (Art. 10), based on federated structure Russia.
All of the above norms are contained in Chapter 1 of the Constitution of the Russian Federation, which enshrines the foundations of the constitutional order. Consequently, others constitutional norms, relating to the organization of state power of the constituent entities of the Russian Federation, should be interpreted based on the content of the norms of the first chapter of the federal Constitution. At the same time, paragraph "n" of Art. 72 of the Constitution of Russia assigns the establishment of general principles for organizing the system of state power bodies to the joint jurisdiction of the Russian Federation and its subjects.
A special legal regulator that determines the foundations of the organization of state power in the constituent entities of the Russian Federation is the Federal Law of October 6, 1999 No. 184-FZ "On general principles of the organization of legislative (representative) and executive bodies of state power in the constituent entities of the Russian Federation." According to clause 1, p. 1 of the Law, the activities of state authorities of a constituent entity of the Russian Federation are carried out in accordance with the following principles:
a) state and territorial integrity of the Russian Federation;
b) the extension of the sovereignty of the Russian Federation to its entire territory;
c) the supremacy of the Constitution of the Russian Federation and federal laws throughout the territory of the Russian Federation;
d) the unity of the system of state power;
e) division of state power into legislative, executive and judicial in order to ensure a balance of powers and exclude the concentration of all powers or most of them in the jurisdiction of one state body or official;
f) 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 Russian Federation;
g) independent exercise by the state authorities of the constituent entities of the Russian Federation of their powers;
h) independent exercise of their powers by local self-government bodies.
The system of bodies of state power of a constituent entity of the Russian Federation consists of: the legislative (representative) body of state power of a constituent entity of the Russian Federation; the highest executive body of state power of a constituent entity of the Russian Federation; the highest official of a constituent entity of the Russian Federation; other state authorities of the constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation.
The constituent entities of the Russian Federation also have the right to create their own constitutional justice bodies in accordance with the Federal Constitutional Law of December 31, 1996 "On the Judicial System of the Russian Federation", as well as to appoint (elect) justices of the peace in accordance with the Federal Law of December 17, 1998 "On Justices of the Peace In Russian federation".
The principles of organization and activity of state power bodies of the constituent entities of the Russian Federation, enshrined in the Constitution of the Russian Federation and federal laws, received further development and specification in regional legislation, primarily in constitutions and statutes.
It should be noted that in a number of constituent entities of the Russian Federation, the procedure for the formation and operation of representative and executive bodies is established in a single law: the Law “On the State Power Bodies of the Voronezh Region”, the Law “On the System of State Power Bodies of the Tver Region”.
However, a significant number of subjects of the Russian Federation have adopted a different version of legislative regulation of the procedure for the formation and operation of government bodies. In these regions, the organization of the activities of representative and executive bodies of state power is established by separate laws for each branch of government. Thus, the Republic of Bashkortostan adopted laws: “On the State Assembly of the Republic of Bashkortostan”, “On the Cabinet of Ministers of the Republic of Bashkortostan”, “On the republican executive bodies of the Republic of Bashkortostan”; in the Nizhny Novgorod region: "On the basic principles of the organization of the Legislative Assembly of the Nizhny Novgorod region", in the Pskov: "On the Pskov regional Assembly of deputies", "On the administration of the Pskov region".
Thus, the principles of the organization of state power in the constituent entities of the Russian Federation in general view fixed at the federal level, and received further specification in regional legislation.
Question No. 2. Legislative (representative) bodies of state power of the constituent entities of the Russian Federation: formation procedure, structure and competence
The legislative (representative) body of state power of the constituent entity of the Russian Federation is the permanently acting supreme and only body of legislative power of the constituent entity of the Russian Federation. Its name and structure are established by the constitution (charter) of the subject of the Russian Federation, taking into account the historical, national and other traditions of the subject of the Russian Federation. In this case, the name of the said body may not contain phrases that form the basis of the names of federal bodies of state power.
Legislative (representative) bodies have different names: Parliament (North Ossetia-Alania, Chechen Republic), People's Assembly (Karachay-Cherkess Republic, Ingushetia); State Council (Adygea, Komi, Tatarstan, Udmurt Republic, Chuvash Republic); State Assembly (Mordovia), State Assembly El Kurultai (Republic of Altai), Legislative Assembly (Karelia, Amur Region, Altai, Krasnoyarsk Territories, Jewish Autonomous Region); Narodny Khural (Buryatia, Kalmykia); Great Khural (Tyva); Duma (Chukotka, Khanty-Mansi Autonomous Okrug), State Duma (Astrakhan Region, Stavropol Territory); City Duma (Moscow); regional Duma (Belgorod, Voronezh, Kursk, Magadan, Moscow regions), Legislative Duma (Khabarovsk Territory); Meeting of Deputies (Arkhangelsk, Pskov regions); Council of People's Deputies (Kemerovo Region), Regional Council of Deputies (Lipetsk Region), Supreme Council (Republic of Khakassia).
According to paragraph 3 of Art. 4 of the Federal Law of October 6, 1999, the number of deputies of the legislative body of a constituent entity of the Russian Federation is established by the constitution (charter) of the constituent entity of the Russian Federation and is determined depending on the number of voters registered in the territory of the constituent entity of the Russian Federation. The established number of deputies must be:
a) not less than 15 and not more than 50 deputies - if the number of voters is less than 500 thousand people;
b) not less than 25 and not more than 70 deputies - with the number of voters from 500 thousand to 1 million people;
c) not less than 35 and not more than 90 deputies - with the number of voters from 1 million to 2 million;
d) not less than 45 and not more than 110 deputies - with the number of voters over 2 million.
The number of deputies of the legislative body of a constituent entity of the Russian Federation is established by the constitution (charter) of the corresponding constituent entity. So, the Duma of the Chukotka Autonomous Okrug consists of 15 deputies, the Meeting of Deputies of the Nenets Autonomous District - 18, the Legislative Assembly of the Kamchatka Territory - 28, the Kurgan Regional Duma - 34, the Supreme Council of Khakassia - 50, the Legislative Assembly of the Bryansk Region - 60, the State Council of Tatarstan - 100, the State Assembly of Kurultai (Bashkortostan) - 120. A legislative body is competent if at least two-thirds of the established number of deputies are elected to it.
At least 50 percent of the deputies of the legislative body of the constituent entity of the Russian Federation (in a bicameral legislative body of the Russian Federation - at least 50 percent of the deputies of one of the chambers of the said body) must be elected in a single electoral district in proportion to the number of votes cast for the lists of candidates for deputies nominated by electoral associations in accordance with electoral legislation. According to the proportional system, 18 out of 35 deputies of the Belgorod Regional Duma, 35 out of 70 deputies of the State Assembly of Il Tumen (Sakha (Yakutia)), 50 out of 100 deputies of the Legislative Assembly of the Krasnodar Territory are elected. 70 deputies of the Parliament of the Kabardino-Balkarian Republic., 90 deputies of the People's Assembly of Dagestan.
The term of office of the deputies of the legislative (representative) body of a constituent entity of the Russian Federation of one convocation is established by the constitution (charter) of the constituent entity of the Russian Federation and cannot exceed five years (the State Assembly of El Kurultai of the Altai Republic and the Legislative Assembly of the Great Khural of the Republic of Tuva - 4 years).
The number of deputies working on a professional permanent basis is established by the law of a constituent entity of the Russian Federation: in the Belgorod Regional Duma - 3, the Assembly of Deputies of the Pskov Region - 10, the State Assembly Kurultai of Bashkortostan - 16, in the Moscow City Duma - 35.
An analysis of the constitutions and charters of the constituent entities of the Russian Federation makes it possible to highlight the main powers of the legislative bodies. In a generalized form, their competence includes several groups of powers: 1) legislative; 2) budget; 3) personnel; 4) control.
The law of a constituent entity of the Russian Federation: a) approves the budget of the constituent entity of the Russian Federation and a report on its implementation submitted by the highest official of the constituent entity of the Russian Federation; b) the programs of socio-economic development of the constituent entity of the Russian Federation, presented by the highest official of the constituent entity of the Russian Federation, are approved; c) taxes and fees of the constituent entity of the Russian Federation are established, as well as the procedure for their collection; d) the budgets of the territorial state extra-budgetary funds of the constituent entity of the Russian Federation and reports on their implementation are approved; e) the administrative-territorial structure of the subject of the Russian Federation and the procedure for changing it are established; f) the system of executive bodies of state power of the constituent entity of the Russian Federation is established.
By a decree of the legislative (representative) body of the constituent entity of the Russian Federation: a) the regulations of the said body are adopted, and issues of the internal order of its activities are resolved; b) individual officials of the constituent entity of the Russian Federation are appointed and dismissed from office, consent is drawn up for their appointment, c) the date of elections to the legislative (representative) body of the constituent entity of the Russian Federation is set; d) a referendum of a constituent entity of the Russian Federation is appointed; e) an agreement on changing the borders of the constituent entities of the Russian Federation is approved; g) the draft agreement on the delineation of powers is approved; h) are appointed to the position of a judge of the constitutional (statutory) court of a constituent entity of the Russian Federation.
The right of legislative initiative in the legislative (representative) body of a constituent entity of the Russian Federation belongs to deputies, the highest official of the constituent entity of the Russian Federation, and representative bodies of local self-government. The constitution (charter) of a constituent entity of the Russian Federation may grant the right to legislative initiative to other bodies (the election commission of the Belgorod region), public associations, as well as citizens living in the territory of this constituent entity of the Russian Federation.
Bills submitted to the legislative body of a constituent entity of the Russian Federation by its highest official are considered on his proposal as a matter of priority. Bills on the introduction or abolition of taxes, exemption from their payment, changing the financial obligations of a constituent entity of the Russian Federation, other bills providing for expenses covered by the budget of the constituent entity of the Russian Federation, are considered by the legislative (representative) body of the constituent entity of the Russian Federation on the proposal of the highest official of the constituent entity of the Russian Federation or upon the presence of the conclusion of the specified person.
The procedure for the adoption of regulatory legal acts by the legislative body of state power of the constituent entity of the Russian Federation.
1. The constitution (charter) of a constituent entity of the Russian Federation, amendments to it (to it) are adopted by a majority of at least two-thirds of the established number of deputies.
2. The laws of a constituent entity of the Russian Federation are adopted by a majority vote of the established number of deputies.
3. Resolutions of the legislative body of a constituent entity of the Russian Federation are adopted by a majority vote of the number of elected deputies, unless otherwise provided by the Federal Law of October 6, 1999 No.
4. The draft law of the constituent entity of the Russian Federation is considered by the legislative body of the constituent entity of the Russian Federation in at least two readings. A decision on the adoption or rejection of a draft law, as well as on the adoption of a law, is formalized by a resolution of the legislative body of a constituent entity of the Russian Federation.
The highest official of the constituent entity of the Russian Federation is obliged to promulgate the constitution (charter), the law of the constituent entity of the Russian Federation, certifying the promulgation of the law by signing it or issuing a special act, or reject the law within the time period established by the constitution (charter) and the law of the constituent entity of the Russian Federation and should not exceed 14 calendar days from the moment of receipt of the specified law. If the law is rejected by the highest official of the constituent entity of the Russian Federation, the rejected law is returned to the legislative body of the constituent entity of the Russian Federation with a motivated justification for its rejection or with a proposal to amend it. If the highest official of a subject of the Russian Federation rejects the law of the subject of the Russian Federation, this law may be approved in the previously adopted version by a majority of at least two-thirds of the votes of the established number of deputies.
The constitution (charter) and the law of the constituent entity of the Russian Federation come into force after their official publication... Laws and other regulatory legal acts of a constituent entity of the Russian Federation on the protection of human and civil rights and freedoms enter into force no earlier than 10 days after their official publication.
The personnel powers of the legislative bodies of the constituent entities of the Russian Federation are implemented in the appointment and dismissal of certain officials: judges of the constitutional (charter) court of the constituent entity of the Russian Federation, half of the members of the election commission of the constituent entity of the Russian Federation, auditors accounts chamber subject, member of the Federation Council of the Federal Assembly of the Russian Federation from the legislative body of the subject of the Russian Federation.
The powers of the legislative body of state power of a constituent entity of the Russian Federation may be terminated early in the event of:
a) adoption by the specified body of a decision on self-dissolution;
b) the dissolution of the said body by the highest official of the constituent entity of the Russian Federation on the grounds provided for by law;
c) the entry into force of the decision, respectively, of the Supreme Court of the Republic, the court of the region, region, city federal significance, autonomous region, autonomous okrug on the incompetence of the given composition of deputies of the legislative body of the constituent entity of the Russian Federation, including in connection with the resignation of their powers by the deputies.
The highest official of a constituent entity of the Russian Federation has the right to decide on the early termination of the powers of the legislative body of the constituent entity of the Russian Federation in the event that this body adopts the constitution (charter) and the law of the constituent entity of the Russian Federation, another regulatory legal act that contradicts the Constitution of the Russian Federation, federal laws adopted on the subjects of jurisdiction of the Russian Federation and subjects joint jurisdiction of the Russian Federation and the subjects of the Russian Federation, the constitution (charter) of the subject of the Russian Federation, if such contradictions are established by the relevant court, and the legislative (representative) body of the subject of the Russian Federation has not eliminated them within six months from the date of entry into force of the court decision.
The highest official of a constituent entity of the Russian Federation has the right to decide on the early termination of the powers of the legislative body of state power of the constituent entity of the Russian Federation if it is established by an effective decision of the relevant court that the legislative body of the constituent entity of the Russian Federation, elected in the competent composition, has not held a meeting for three consecutive months.
If the relevant court has established that the legislative body of a constituent entity of the Russian Federation has adopted a constitution (charter), a law of a constituent entity of the Russian Federation or other regulatory legal act that contradicts the Constitution of the Russian Federation, the Federal Law Committee and federal laws, and the legislative body of a constituent entity of the Russian Federation within six months from the date of entry into force a court decision, or otherwise envisaged by the decision the court of the term did not take, within the limits of its authority, measures to enforce the court decision, including not canceling a normative legal act recognized by the relevant court as contrary to federal law and invalid, and after the expiration this period the court found that as a result of the evasion of the legislative body of the constituent entity of the Russian Federation from taking measures within its powers to implement the court decision, obstacles were created for the implementation of the powers of federal government bodies, local self-government bodies, human and civil rights and freedoms, rights and legally protected interests were violated legal entities, the President of the Russian Federation, by his decree, issues a warning to the legislative body of the constituent entity of the Russian Federation.
If, within three months from the date of the warning issued by the President of the Russian Federation to the legislative body of the constituent entity of the Russian Federation, the said body has not taken, within the limits of its powers, measures to enforce the court decision, the President of the Russian Federation has the right to dissolve the legislative body of state power of the constituent entity of the Russian Federation. The period during which the President of the Russian Federation has the right to issue a warning to the legislative body of a constituent entity of the Russian Federation or decide to dissolve the said body cannot exceed one year from the date of entry into force of the court decision.
Thus, the legislative body of state power of the constituent entity of the Russian Federation is the permanently acting supreme and only body of legislative power of the constituent entity of the Russian Federation.
Question number 3. Legal status the highest official of a constituent entity of the Russian Federation
The name of the position of the highest official of a constituent entity of the Russian Federation is established by the constitution (charter) of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of this constituent entity of the Russian Federation. In this case, the name of the specified position cannot contain words and phrases that make up the name of the position of the head of state - the President of the Russian Federation (clause 6 of article 18).
Senior officials are called the president (the republics of Bashkortostan, Dagestan, Yakutia (Sakha), Tatarstan), the head of the republic (Kalmykia, Udmurtia, Chuvashia, Kabardino-Balkaria), the governor (Belgorod, Smolensk, Kursk regions, St. Petersburg), the head administration (Lipetsk and Tambov regions), the chairman of the government of the republic (Altai, Khakassia, Tyva), the mayor (Moscow).
According to paragraph 3 of Art. 18 of the Federal Law of October 6, 1999, the highest official of a constituent entity of the Russian Federation is elected by citizens of the Russian Federation residing in the territory of this constituent entity of the Russian Federation and having active suffrage, on the basis of universal, equal and direct suffrage under secret ballot... The highest official of a constituent entity of the Russian Federation may be a citizen of the Russian Federation who has a passive suffrage and does not have citizenship foreign country or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state, and has reached the age of 30 years. 5. The highest official of a constituent entity of the Russian Federation is elected for a term of no more than five years and cannot fill this position for more than two consecutive terms.
The President of Russia, on his own initiative, may hold consultations with political parties nominating candidates for the position of the highest official of a constituent entity of the Russian Federation, as well as with candidates nominated for this position by way of self-nomination. The procedure for such consultations is determined by the President of the Russian Federation. This provision, referred to in the scientific and journalistic literature as the "presidential filter", received ambiguous assessments, with a predominantly critical attitude towards these consultations.
Candidates for the position of the highest official of a constituent entity of the Russian Federation are nominated by political parties. A political party has the right to nominate as a candidate for the specified position a person who is a member of this political party, or a person who is not a member of this or another political party. The law of a constituent entity of the Russian Federation may provide for the nomination of candidates for the specified position in the order of self-nomination. It should be noted that in none of the regions: Amur, Belgorod, Bryansk, Novgorod and Ryazan, in which the elections of governors were held on October 14, 2012, regional legislation does not provide for the possibility of self-nomination of candidates.
According to paragraph 3 of Art. 18 of the Federal Law of October 6, 2003, the nomination of a candidate by a political party must be supported by 5 to 10 percent of deputies of representative bodies of municipal formations and (or) heads of municipal formations of a constituent entity of the Russian Federation elected in municipal elections ("the first municipal filter"), as well as from 5 up to 10 percent of deputies of representative bodies municipal districts and urban districts and (or) heads of municipal districts and urban districts of a constituent entity of the Russian Federation elected in municipal elections ("the second municipal filter"). Deputies of the representative body of the municipal district, consisting of the heads of the settlements that are part of the municipal district, and of the deputies of the representative bodies of these settlements, are counted only once. In this case, the candidate must be supported by the indicated persons in at least three quarters of the municipal districts and urban districts of the constituent entity of the Russian Federation (“the third municipal filter”).
The constitution (charter), the law of the constituent entity of the Russian Federation may provide that the highest official of the constituent entity of the Russian Federation is elected by the deputies of the legislative body of the constituent entity of the Russian Federation. In this case, candidates for election are submitted to the legislative body of a constituent entity of the Russian Federation by the President of Russia on the proposals of political parties whose lists of candidates were admitted to the distribution of deputy mandates (lists of candidates for which deputy mandates were transferred). Proposals for candidates for the position of the highest official of a constituent entity of the Russian Federation also have the right to submit to the President of the Russian Federation. political parties, federal lists whose candidates, on the basis of the officially published results of the next previous elections of deputies of the State Duma of the Federal Assembly of the Russian Federation, were admitted to the distribution of deputy mandates.
The President of the Russian Federation, no later than 20 days before the expiration of the term of office of the highest official of the constituent entity of the Russian Federation, out of the candidates proposed to him, shall submit three candidates for election to the post of the highest official of the constituent entity of the Russian Federation to the legislative (representative) body of the constituent entity of the Russian Federation. The candidate for whom the majority of the established number of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation voted for is considered elected. If no candidate has received the required number of votes of deputies, then a second vote is held for the two candidates who have received the largest number of votes. According to the results of the repeated voting, the candidate is considered elected, who received during the voting a greater number of votes of deputies in relation to the number of votes received by another candidate.
The highest official of a constituent entity of the Russian Federation cannot simultaneously be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Federation Council of the Federal Assembly of the Russian Federation, a judge, or replace other public office RF, state positions of the federal public service, other public offices of the constituent entity of the Russian Federation or public offices of the public service of the constituent entity of the Russian Federation, as well as elective municipal offices and municipal posts of the municipal service, may not engage in other paid activities, except for teaching, scientific and other creative activities, unless otherwise provided by the legislation of the Russian Federation. The highest official of a constituent entity of the Russian Federation is subject to the restrictions established for members of the Government of the Russian Federation.
Powers of the highest official of a constituent entity of the Russian Federation:
a) represents a constituent entity of the Russian Federation in relations with federal bodies of state power, bodies of state power of constituent entities of the Russian Federation, local authorities and in the implementation of foreign economic relations, while having the right to sign contracts and agreements on behalf of the constituent entity of the Russian Federation;
b) promulgate laws, certifying their promulgation by signing laws or issuing special acts, or rejects laws adopted by the legislative body of a constituent entity of the Russian Federation;
c) forms the highest executive body of state power of the constituent entity of the Russian Federation in accordance with the legislation of the constituent entity of the Russian Federation and decides on the resignation of the highest executive body of state power of the constituent entity of the Russian Federation;
d) has the right to demand the convocation of an extraordinary meeting of the legislative body of the constituent entity of the Russian Federation, as well as to convene the newly elected legislative body of the constituent entity of the Russian Federation for the first meeting earlier than the deadline,
e) has the right to participate in the work of the legislative body of state power of a constituent entity of the Russian Federation with an advisory vote;
1) ensures the coordination of the activities of the executive authorities of the constituent entity of the Russian Federation with other state authorities of the constituent entity of the Russian Federation and, in accordance with the legislation of the Russian Federation, can organize the interaction of the executive authorities of the constituent entity of the Russian Federation with the federal executive authorities and their territorial bodies, local authorities and public associations.
The highest official of a constituent entity of the Russian Federation, on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulations of the President of the Russian Federation, decrees of the Government of the Russian Federation, the constitution (charter) and laws of the constituent entity of the Russian Federation, issues decrees (resolutions) and orders.
In cases where a senior official of a constituent entity of the Russian Federation temporarily (due to illness or vacation) cannot perform his duties, they are performed by an official provided for by the constitution (charter) of the constituent entity of the Russian Federation.
The powers of the highest official of a constituent entity of the Russian Federation are terminated early in the event, in particular:
a) his removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the legislative body of the subject of the Russian Federation;
b) his resignation at his own request;
c) his removal from office by the President of the Russian Federation due to the loss of confidence of the President of the Russian Federation, for improper performance of his duties,
d) entry in relation to him in legal force the conviction of the court;
e) its recall by voters registered in the territory of the constituent entity of the Russian Federation, on the basis and in the manner established by the Federal Law and the law of the constituent entity of the Russian Federation adopted in accordance with it.
The decision on the early termination of the powers of the highest official of a constituent entity of the Russian Federation is made by the legislative body of the constituent entity of the Russian Federation on the proposal of the President of the Russian Federation.
The legislative body of the constituent entity of the Russian Federation has the right to express no confidence in the highest official of the constituent entity of the Russian Federation in the event of:
a) he issues acts that contradict the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, if such contradictions are established by the relevant court, and the highest official of the constituent entity of the Russian Federation does not eliminate these contradictions within a month from the date of entry into force of the court decision;
b) other gross violation of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, the constitution (charter) and laws of a constituent entity of the Russian Federation established by the relevant court, if this entailed a massive violation of the rights and freedoms of citizens;
c) improper performance by the highest official of a constituent entity of the Russian Federation of his duties.
The decision of the legislative body of the constituent entity of the Russian Federation on no confidence in the highest official of the constituent entity of the Russian Federation is adopted by two-thirds of the votes of the established number of deputies on the initiative of at least one third of the established number of deputies.
The decision of the President of the Russian Federation to dismiss the top executive of a constituent entity of the Russian Federation from office entails the resignation of the supreme executive body of state power of the constituent entity of the Russian Federation headed by him, which continues to operate until the formation of a new supreme executive body of state power of the constituent entity of the Russian Federation.
The President of the Russian Federation appoints an interim senior official of the constituent entity of the Russian Federation for the period until the entry into office of the senior official of the constituent entity of the Russian Federation, in the event of: a) early termination of the powers of the senior official of the constituent entity of the Russian Federation; b) temporary dismissal of the highest official of the constituent entity of the Russian Federation from office. A temporary acting senior official of a constituent entity of the Russian Federation does not have the right to dissolve the legislative body of a constituent entity of the Russian Federation, to make proposals to amend the constitution (charter) of a constituent entity of the Russian Federation.
Question No. 4. Executive bodies of state power of the constituent entities of the Russian Federation
In the constituent entity of the Russian Federation, a system of executive authorities is established, headed by the supreme executive body of state power of the constituent entity of the Russian Federation, which is a permanent body. In accordance with the Constitution of the Russian Federation and within the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, federal executive bodies and executive bodies of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation.
The name of the highest executive body of state power of the constituent entity of the Russian Federation, its structure, the procedure for its formation are established by the constitution (charter) and laws of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of the constituent entity of the Russian Federation. The most common names for this body are government, administration.
The structure of the executive bodies of state power of the constituent entity of the Russian Federation is determined by the highest official of the constituent entity of the Russian Federation and may include ministries, departments, departments, committees, commissions.
So, in accordance with the order of the Governor of the Belgorod Region dated February 17, 2010 No. 77-r (as amended on March 27, 2013 No. 138-r) "On approval of the structure of the executive authorities of the Belgorod Region", 9 departments: department of finance and budgetary policy; Department of Education; Department of Health and Social Protection of the Population; Department of Property and Land Relations; Department of Economic Development; department of construction, transport and housing and communal services; Department of Agroindustrial Complex; Department of Internal and Personnel Policy; Department of Nature Management and Protection environment Belgorod region; 13 departments: department of culture; department of social protection of the population; management of record of acts civil status; control state order and licensing; Department of Youth Policy; Department of Physical Culture and Sports; Department of Labor and Employment of the Population; Department of Architecture and Urban Planning; forest management; management of protection and use of objects of fauna, aquatic biological resources and their habitat; veterinary administration; archives administration; control highways common use and transport, as well as the Commission for State Regulation of Prices and Tariffs in the Belgorod Region.
In most constituent entities of the Russian Federation, the head of the highest executive body of state power is the highest official of the constituent entity of the Russian Federation. This approach not only fully complies with the requirements of the above Law, but also meets the principle of expediency. At the same time, not all constituent entities of the Russian Federation took into account the requirements of Federal Law No. 184-FZ of October 6, 1999, retaining the post of head of the republic (President) and the post of Prime Minister. So, in the constitutions of a number of republics (Bashkortostan, Dagestan, Kabardino-Balkaria, Mordovia, Sakha (Yakutia)), a model of executive power is established in which the highest official, although he heads the collegial supreme executive body of the republic, but the position of the head of the supreme executive body is replaced by another face.
Financing of the supreme executive body of state power of the constituent entity of the Russian Federation and the executive bodies of the constituent entity of the Russian Federation headed by it is carried out at the expense of the budget of the constituent entity of the Russian Federation, provided for in a separate article.
The main powers of the supreme executive body of state power of the constituent entity of the Russian Federation are specified in Art. 21 of the Federal Law of October 6, 1999: develops and implements measures to ensure the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, health care, culture, physical culture and sports, social security, security road traffic and ecology. In addition, the supreme executive body of state power of the constituent entity of the Russian Federation:
a) carries out, within the limits of its authority, measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, counter terrorism and extremism, and combat crime;
b) develops, for submission by a senior official of a constituent entity of the Russian Federation to the legislative body of a constituent entity of the Russian Federation, a draft budget of a constituent entity of the Russian Federation, as well as draft programs for the socio-economic development of a constituent entity of the Russian Federation;
c) ensures the execution of the budget of the constituent entity of the Russian Federation and prepares a report on the execution of the specified budget and reports on the implementation of programs for the socio-economic development of the constituent entity of the Russian Federation for their submission by the highest official of the constituent entity of the Russian Federation to the legislative body of state power of the constituent entity of the Russian Federation;
d) forms other executive authorities of the constituent entity of the Russian Federation;
e) manages and disposes of the property of the constituent entity of the Russian Federation;
f) has the right to propose to a local self-government body, an elected or other official of local self-government, to bring the legal acts issued by them in line with the legislation of the Russian Federation if these acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the constitution (charter), laws and other regulatory legal acts of the constituent entity of the Russian Federation, and also has the right to go to court.
Question number 5. Judicial power in the constituent entities of the Russian Federation.
The courts of a constituent entity of the Russian Federation are constitutional (statutory) courts and justices of the peace.
Basic provisions on constitutional (statutory) courts of the constituent entities of the Russian Federation are contained in the FKZ “On the judicial system of the Russian Federation”. In the aggregate of these provisions, there are, first of all, those that directly relate to these courts, determining that they are: a) part of the judicial system of the Russian Federation (part 2 of article 4); b) are the courts of the constituent entities of the Russian Federation (part 4 of article 4); c) are created and abolished by the laws of the constituent entities of the Russian Federation (part 2 of article 17), and their creation is not an obligation, but the right of the subjects (part 1 of article 27); d) interpret the constitution (charter) of a constituent entity of the Russian Federation (part 1 of article 27); e) consider issues within their competence in the manner prescribed by the law of a constituent entity of the Russian Federation (part 3 of article 27); f) make decisions within the limits of authority that cannot be reviewed by another court (part 4 of article 27); g) financed from the budget of the corresponding constituent entity of the Russian Federation (part 2 of article 27).
Chairmen, their deputies, other judges of constitutional (charter) courts are vested with powers in the manner prescribed by federal laws and laws of the constituent entities of the Russian Federation (part 4 of article 13).
According to the Federal Law of March 14, 2002 "On the bodies of the judicial community in the Russian Federation" judges of the constitutional (charter) courts of the constituent entities of the Russian Federation in judicial community Russian Federation. They are guaranteed representation at the All-Russian Congress of Judges - one judge from the judges of each constitutional (charter) court (part 2 of article 6), at the conference of judges of the constituent entities of the Russian Federation (article 7), in the Council of Judges of the Russian Federation - three judges from the corps judges of these courts (part 1 of article 8) and its Presidium (part 3 of article 8), in the Council of Judges and the qualification collegium of judges of the constituent entity of the Russian Federation (in the latter case - one judge from the corresponding court of the subject) (part 4 of article . 8, part 4, article 11). The jurisdiction of the qualification collegiums of judges of the constituent entities of the Russian Federation extends to judges of constitutional (charter) courts in cases stipulated by the regulatory legal acts of the constituent entities of the Russian Federation (part 1 of article 19).
The provisions concerning judges of constitutional (charter) courts of constituent entities of the Russian Federation are reflected in the Law of the Russian Federation "On the status of judges in the Russian Federation": legal profession at least five years (part 1 of article 4); b) the term of office of judges of constitutional (charter) courts is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation (part 4 of article 11); c) for judges of constitutional (charter) courts, certificates are signed and issued in accordance with the procedure established by the laws of the constituent entities of the Russian Federation (part 3 of article 21).
Within the meaning of the Federal Law "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of Subjects of the Russian Federation" - these are "other bodies of state power of a constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of a constituent entity of the Russian Federation" (Article 2).
The powers of constitutional (charter) courts can be conditionally divided into typical, characteristic of most of them, not typical, but quite widespread. The first group includes the powers associated with resolving cases on the compliance of the constitution (charter) of the constituent entities of the Russian Federation with the laws and regulations of the parliaments of the constituent entities of the Russian Federation, regulations of the executive bodies of state power, including senior officials, regulations of local self-government bodies and the charters of municipalities, as well as the interpretation of constitutions (statutes) and the right to initiate legislation.
The second group includes the powers according to which the constitutional (statutory) courts: a) check the acts of ministries, committees and other state bodies of the constituent entities of the Russian Federation (Bashkortostan, Dagestan, North Ossetia-Alania, Kaluga region); b) resolve disputes about competence: between the state authorities of the subject; c) on complaints of violation constitutional rights and freedoms of citizens and at the request of the courts, they check the constitutionality of acts applied or to be applied in a particular case, including: laws and other normative acts of a constituent entity of the Russian Federation; d) assess the constitutionality of agreements of a constituent entity of the Russian Federation; e) submit the message of the Court to the legislative body of the constituent entity of the Russian Federation.
The right to appeal to these courts when they exercise abstract normative control is vested not only with state authorities and local self-government of the constituent entities of the Federation, but also federal bodies - prosecutors and federal courts at the level of a constituent entity of the Russian Federation, as well as public associations authorized for human rights, etc. Resolutions of constitutional (charter) courts are binding on all state and local government bodies, public associations, officials, other individuals and legal entities, without exception, and are subject to strict execution (part 1 of article 6 of the Federal Constitutional Law "On the Judicial System of the Russian Federation ").
Formation procedure. The constituent entity of the Russian Federation is largely independent in resolving issues of organizing constitutional (charter) courts. The choice of this or that option is at his discretion, but within the boundaries of ideas about a democratic rule of law, taking into account the relations (if we follow the principle of the unity of state power) that have developed at the federal level in connection with the Constitutional Court of the Russian Federation.
The numerical composition of the named courts ranges from 5 (Dagestan), 6 (Tatarstan), 7 (Yakutia), to 9 (Khanty-Mansiysk Autonomous Okrug) judges, with a term of office of 5, 8, 10, 12 years. Judges are appointed in different ways. One of the options is that the highest official of a constituent entity of the Russian Federation submits candidates (proposals may come from authorized bodies and communities) for consideration by the legislative body, which, by secret ballot, makes the appropriate decision (Bashkortostan, Dagestan, Komi, Karelia, Krasnoyarsk Territory, Sverdlovsk Region, etc. .).
Other approaches have also been developed. Candidates for judges in Tatarstan The Constitutional Court represent to the State Council the President and the Chairman of the State Council of the Republic in equal numbers, three persons each. In the Kaliningrad region, the governor and one third of the regional Duma deputies are entitled to nominate candidates (without guaranteed representation) for appointment by the regional Duma. In Adygea, representation is provided by one candidate from the legislative, executive and judicial branches of government.
Justices of the peace. A modern magistrate is a lower state judge appointed (elected) to office and acting in accordance with the requirements of the Federal Constitution (Articles 119-123, partly Article 126), federal legislation (Article 28 of the Federal Constitutional Law "On the Judicial System Of the Russian Federation ", the Federal Law" On Justices of the Peace in the Russian Federation ", the Code of Administrative Offenses of the Russian Federation, the Federal Law" On the Total Number of Justices of the Peace and the Number of Courts in the Subjects of the Russian Federation "and regional legislation).
Since the Federal Constitutional Law "On the Judicial System of the Russian Federation" is of a framework nature, Art. 28 is very laconic. Its part 1 defines the legal nature of justices of the peace as judges of first instance with limited jurisdiction to consider civil, administrative and criminal cases. The Russian Federation confirms its competence in this area in accordance with paragraph "o" of Art. 71 of the Constitution of the Russian Federation and at the same time carries out the legislative delegation of part of its powers to the constituent entities of the Russian Federation. These norms also underlie the legislative regulation of the process of creating (not an institution, but rather the creation) of the institute of justices of the peace in a separate subject: the determination of the number of justices of the peace and, accordingly, sites is carried out jointly by the Federation and the subject: in the form of a legislative initiative of the subject of the Russian Federation, agreed with the Supreme The Court of the Russian Federation (or the legislative initiative of the Court, agreed with the corresponding constituent entity of the Russian Federation), implemented by the adoption of the Federal Law "On the total number of justices of the peace and the number of judicial sites in the constituent entities of the Russian Federation" and the corresponding laws of the constituent entities of the Russian Federation.
In the development of Art. 28 of the named Federal Constitutional Law on December 17, 1998, the Federal Law "On Justices of the Peace in the Russian Federation" was adopted. It is a backbone for numerous acts of the constituent entities of the Russian Federation, since it defines in detail both the requirements for candidates for the positions of justices of the peace and guarantees of their legal status, competence, general rules for cutting judicial sections, general principles of material and technical support of justices of the peace. At the discretion of the constituent entities of the Russian Federation (but within the framework of the Federal Law), three main issues remain: determining the territorial jurisdiction of justices of the peace; determination of the procedure for the formation of the institution and determination of the legal status of the office of the magistrate.
Federal procedural laws... By virtue of the requirements of clause "on" Art. 71 of the Constitution of the Russian Federation, the exclusive jurisdiction of Russia is civil and criminal procedural law. Therefore, justices of the peace in terms of administering justice in civil and criminal cases are guided only by the Code of Civil Procedure and the Code of Criminal Procedure (chapters 14-15 and 11-12, respectively). The situation with administrative proceedings is more complicated. The term itself is still controversial at the moment, but it is unambiguous that clause "k" part 1 of Art. 72 of the Constitution of the Russian Federation attributed the issues of administrative procedural law (as well as administrative substantive law) to the subjects of joint jurisdiction of the Russian Federation and its subjects. And this means that the constituent entities of the Russian Federation have the right to create administrative procedural acts on the basis and within the framework of federal legislation, and justices of the peace can and should, in the part that constitutes the competence of the constituent entities of the Russian Federation, be guided by the norms of administrative procedural acts of the respective constituent entities of the Russian Federation.
The procedure for the formation of the institute of justices of the peace
The federal legislation on justices of the peace, proclaiming these judges as judges of the constituent entities of the Russian Federation, provided for a fairly broad framework for each subject to determine the procedure for the formation of this institution: from the direct election by the population of the corresponding judicial area before the election (appointment) by the legislative (representative) body of a particular constituent entity of the Russian Federation (Article 6 of the Federal Law “On Justices of the Peace in the Russian Federation”). In practice, only the Law “On Justices of the Peace in the Nenets Autonomous Okrug” provides for the election of justices of the peace by the population. All other justices of the peace are appointed (elected) to their positions by the legislative (representative) bodies of the constituent entities of the Russian Federation. The acts of the constituent entities of the Russian Federation contain three main models of the formation of the judicial corps in this part, identified according to the criterion of the subject entitled to nominate a candidate for the post of magistrate.
The first group is the most numerous. The submission on the appointment (election) of a magistrate is submitted by the head of the federal regional court of general jurisdiction and an equivalent to him, subject to the consent or taking into account the opinion of the representative bodies of local self-government of the respective territories, on the basis of a positive conclusion of the qualification collegium of judges (everywhere), as well as in one or to another degree (form) agreed with the head of the department (management) Judicial Department at the Supreme Court of the Russian Federation in the corresponding constituent entity of the Russian Federation, based on the results of a competition organized by this institution.
The second group consists of acts that are also focused on decisive participation in the selection of candidates for the positions of justices of the peace in the judiciary, but already in the person of the Judicial Department at the Supreme Court of the Russian Federation.
The third group consists of decisions that give the right to nominate candidates for the posts of justices of the peace of the highest officials of the constituent entities of the Russian Federation or heads of the highest executive bodies of state power.
According to Art. 7 of the Federal Law “On justices of the peace in the Russian Federation”, justices of the peace are appointed (elected) to their positions for a period not exceeding five years. The final decision belongs to the subject of the Russian Federation in this part. The overwhelming majority of subjects of the Russian Federation have chosen the following way of regulation: the first term in the overwhelming majority of subjects of the Russian Federation is minimal - three years (Tatarstan, Belgorod region - five years), and the second term, again in most subjects of the Russian Federation, exceeds 5 years. The average in this case is 7 years, the maximum is 10 (Mari El, Mordovia, Khakassia, etc.).
In accordance with the Federal Law "On Justices of the Peace in the Russian Federation" (Art. 3), a Justice of the Peace considers in the first instance:
1) criminal cases on crimes for the commission of which the maximum punishment does not exceed three years' imprisonment, within his jurisdiction in accordance with part one of Art. 31 of the Criminal Procedure Code of the Russian Federation;
2) cases on the issuance of a court order;
3) cases of divorce, if there is no dispute about children between the spouses;
4) cases on the division of jointly acquired property between spouses at a claim price not exceeding fifty thousand rubles;
5) other cases arising from family legal relations, with the exception of cases on challenging paternity (motherhood), on establishing paternity, on deprivation of parental rights, on restriction of parental rights, on adoption (adoption) of a child, other cases on disputes about children and cases on the recognition of the marriage as invalid;
6) cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results intellectual activity, if the cost of the claim does not exceed fifty thousand rubles;
8) cases on determining the procedure for the use of property;
9) cases of administrative offenses, referred to the competence of the magistrate by the Code of the Russian Federation on Administrative Offenses and the laws of the constituent entities of the Russian Federation.
The justice of the peace hears cases on newly discovered circumstances in relation to decisions taken by him in the first instance and entered into force.
Other cases may also be referred to the jurisdiction of justices of the peace by federal laws.
Thus, the constitutional (statutory) courts of the constituent entities of the Russian Federation, being part of a unified judicial system, protecting the constitutions, charters of the constituent entities of the Russian Federation, simultaneously protect the Constitution of the Russian Federation, form a single legal space, strengthen in practice the statehood and integrity of our country.
Conclusion
The system of state power bodies of the constituent entities of the Russian Federation is established by them independently in accordance with the foundations of the constitutional system of the Russian Federation and the general principles of the organization of state power established by the Federal Law “On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation”.
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4.2. The specifics of the organization of the authorities of the constituent entities of the Russian Federation
In accordance with the Constitution of the Russian Federation, the establishment of general principles for the organization of state power of the constituent entities of the Russian Federation is included in the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, and the system of public authorities is formed by the constituent entities of the Russian Federation independently in accordance with the fundamentals of the constitutional system and general provisions imposed by federal law. In the absence of the necessary laws, the functioning of state authorities of the constituent entities of the Russian Federation is regulated by decrees of the President of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
At present, in the Russian Federation there is no rigid model for the structure of the system of government bodies at the regional level. This is due to the variety of types of subjects of the Federation, their multiplicity and, finally, the specifics of local characteristics and traditions in these state formations. Nevertheless, in general, the system of bodies of state power of the constituent entities should correspond to the generally accepted federal parameters of the organization.
The system of state power in a constituent entity of the Russian Federation is built in accordance with the Constitution of the Russian Federation and Federal Law No. 184-FZ of October 6, 1999 "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" (as amended on November 8 2007).
The system of public authorities of a constituent entity of the Russian Federation includes: the legislative (representative) body, the highest executive body and other public authorities of the constituent entity of the Russian Federation, which are formed in accordance with the constitution (charter) of this constituent entity of the Russian Federation. In addition, the position of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) is established.
The carriers of judicial power in the constituent entities of the Russian Federation in accordance with the Law of December 26, 1996 "On the judicial system of the Russian Federation" are the constitutional (statutory) courts of the constituent entities of the Russian Federation and justices of the peace, who are judges of general jurisdiction of the constituent entities of the Russian Federation.
Federal bodies of state power operating on the territory of a constituent entity of the Russian Federation are not included in the system of its bodies of state power. At the same time, federal executive bodies can exercise their powers on the territory of a constituent entity of the Federation both directly and through the territorial bodies created by them.
Legislative (representative) body of state power of a constituent entity of the Russian Federation is the permanently acting supreme and only body of legislative power of the constituent entity of the Russian Federation, elected by its population. All the main issues of organizing the activities of the legislative (representative) bodies of the constituent entities of the Federation are regulated in their constitutions, statutes and laws. The legislative body has the rights of a legal entity, has an official seal.
The name of the representative authority and the number of deputies (representatives), including those working on a regular paid basis, are determined by the state authorities of the constituent entity of the Russian Federation, taking into account historical, national and other conditions and traditions. For example, the Duma of the Chukotka Autonomous Okrug, the regional Duma (Saratov, Voronezh, Moscow, Kostroma regions, etc.), the People's Assembly (the Republic of Dagestan, Karachay-Cherkessia, Ingushetia), the Legislative Assembly (Altai Territory, Irkutsk, Kemerovo, Nizhny Novgorod regions etc.), the People's Khural (the Republic of Buryatia and the Republic of Kalmykia), the Supreme Khural (the Republic of Tyva), the State Assembly - Kurultai (the Republic of Bashkortostan), the Legislative Sulgan (Evenk Autonomous Okrug), the State Council of Khase of the Republic of Adygea, etc.
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" defines the structure and methods of forming the legislative body of state power. Deputies of the legislative body of state power of a constituent entity of the Russian Federation are elected by citizens of the Russian Federation residing in the territory of the constituent entity of the Russian Federation and having an active right to vote. A deputy may be a citizen of the Russian Federation who, in accordance with federal legislation, the constitution (charter) and (or) the law of a constituent entity of the Russian Federation, has a passive electoral right.
Basically, the parliaments of the constituent entities of the Russian Federation are unicameral, they consist of no more than 50 deputies. Parliaments also meet with a large number of deputies. The number of deputies of the legislative body is established by the constitution (charter) of the constituent entity of the Russian Federation. Thus, the People's Assembly of Ingushetia - of 27 members, the Saratov Regional Duma of the fourth convocation consists of 36 (previously out of 35) deputies, the State Council of the Republic of Tatarstan - of 100; legislative (representative) body of Adygea - out of 54; Altai - from 41; North Ossetia - Alania - out of 75, etc. A legislative (representative) body of state power of a constituent entity of the Russian Federation is competent if at least two thirds of the established number of deputies are elected to the said body. Bicameral representative bodies operate in the Republic of Bashkortostan - the State Assembly (the Chamber of Representatives and the Legislative Chamber), the Parliament of the Kabardino-Balkarian Republic (the Council of the Republic and the Council of Representatives), the State Assembly (Il Tumen) of the Republic of Sakha (Yakutia) (the Chamber of the Republic and the Chamber of Representatives), Legislative Assembly of the Sverdlovsk Region (House of Representatives and Regional Duma). Their competence is similar to that of the respective chambers of the RF Federal Assembly.
At least 50% of the deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation (in the bicameral legislative (representative) body of the constituent entity of the Russian Federation - at least 50% of the deputies of one of the chambers of this body) must be elected in a single electoral district in proportion to the number of votes cast for the lists of candidates for deputies nominated by electoral associations in accordance with the electoral legislation. The term of office of deputies of one convocation may not exceed five years.
The costs of supporting the activities of the legislative body of state power of the constituent entity of the Russian Federation are provided for in the budget of the constituent entity of the Russian Federation separately from other expenses in accordance with the budget classification of the Russian Federation. Management and disposal of funds of the budget of a constituent entity of the Russian Federation in the process of its execution by the legislative body, individual deputies or groups of deputies are not allowed. At the same time, the powers of the legislative body of the constituent entity of the Russian Federation to exercise control over the execution of the budget of the constituent entity of the Russian Federation are not limited. The competence of a meeting of the legislative body of a constituent entity of the Russian Federation is determined by the law of the constituent entity of the Russian Federation. At the same time, a meeting of the legislative (representative) body of state power of a constituent entity of the Russian Federation cannot be considered competent if it is attended by less than 50% of the number of elected deputies. Such a qualified meeting is held at least once every three months.
The newly elected legislative (representative) body of state power of the constituent entity of the Russian Federation shall meet for the first meeting within the period established by the constitution (charter) of the constituent entity of the Russian Federation, which cannot exceed thirty days from the date of its election. Meetings of the legislative body of a constituent entity of the Russian Federation are open, except for the cases established by regulatory enactments.
The order of work of the legislative (representative) bodies of the constituent entities of the Russian Federation is determined by their regulations. They usually elect from among their members a chairman and his deputies, who direct the work of this body. The representative authorities of the constituent entities of the Russian Federation are permanent bodies, although they work in a session manner. Meetings of the legislative body are open, but a closed form is also allowed, which is established by the regulations of this body. For preliminary consideration and preparation for hearing of issues related to the jurisdiction of these bodies, permanent and temporary commissions (committees) are created from among the deputies.
The right of legislative initiative in the legislative (representative) body of state power of the constituent entity of the Russian Federation shall be vested in deputies, the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation), and representative bodies of local self-government. The constitution (charter) of a constituent entity of the Russian Federation may grant the right to legislative initiative to other bodies, public associations, as well as to citizens residing in the territory of this constituent entity of the Russian Federation. Bills submitted by a senior official of a constituent entity of the Russian Federation are considered on his proposal as a matter of priority.
The legislative (representative) body of state power of the constituent entity of the Russian Federation adopts the constitution (charter) of the constituent entity of the Russian Federation and amendments to it; carries out legislative regulation on the subjects of jurisdiction of the constituent entity of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation within the powers of the constituent entity of the Russian Federation and exercises other powers. Other powers include the election to the office of, for example, the Commissioner for Human Rights, judges of the constitutional (statutory) court, a member of the Federation Council from the legislative body of a given constituent entity of the Russian Federation, as well as empowering a senior official of a constituent entity of the Russian Federation.
The powers of the legislature are quite extensive. It:
approval of programs for the socio-economic development of the region;
the establishment of taxes and fees and the procedure for their collection on the subjects of jurisdiction of the subject);
the establishment of the procedure for the formation and operation of off-budget and foreign exchange funds, the establishment of reporting on the expenditure of these funds;
management and disposal of the property of a constituent entity of the Russian Federation;
approval and termination of contracts of a constituent entity of the Russian Federation;
establishment of the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation;
establishment of the procedure for holding elections to the legislative body of a constituent entity of the Russian Federation;
holding elections to local self-government bodies;
activities of local government bodies of a constituent entity of the Russian Federation;
determination of the administrative-territorial structure and the procedure for changing it;
approval of the management scheme of the subject, determination of the structure of the supreme executive body of state power of the subject of the Russian Federation.
The law of a constituent entity of the Russian Federation:
1) the following are approved: the budget of the constituent entity of the Russian Federation and a report on its implementation and programs for the socio-economic development of the constituent entity of the Russian Federation, presented by the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation); budgets of territorial state extra-budgetary funds of a constituent entity of the Russian Federation and reports on their implementation; conclusion and termination of contracts of a constituent entity of the Russian Federation;
2) the following are established: the procedure for holding elections to bodies of local self-government on the territory of a constituent entity of the Russian Federation within the limits of their powers established by federal law; taxes and fees attributed to the jurisdiction of the constituent entity of the Russian Federation, as well as the procedure for their collection; the procedure for managing the property of a constituent entity of the Russian Federation; the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation; elections to the legislative (representative) body of state power of a constituent entity of the Russian Federation; the administrative-territorial structure of a constituent entity of the Russian Federation and the procedure for changing it; the system of executive bodies of state power of the constituent entity of the Russian Federation;
3) other issues are regulated which, in accordance with the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, to the jurisdiction and powers of the constituent entity of the Russian Federation.
By the decree of the legislative (representative) body of state power of the constituent entity of the Russian Federation:
the regulations of the said body are adopted and issues of the internal order of its activities are resolved;
a decision is drawn up on vesting a citizen of the Russian Federation on the proposal of the President of the Russian Federation with the powers of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation). If the constitution (charter) of a constituent entity of the Russian Federation provides for a bicameral legislative (representative) body of state power of the constituent entity of the Russian Federation, this decision is made at a joint meeting of the chambers;
individual officials of the constituent entity of the Russian Federation are appointed and dismissed, consent is drawn up for their appointment to the position, if such an appointment procedure is provided for by the Constitution of the Russian Federation, federal laws and the constitution (charter) of the constituent entity of the Russian Federation;
the date of elections to the legislative (representative) body of state power of the constituent entity of the Russian Federation is set;
a referendum of a constituent entity of the Russian Federation is appointed in cases provided for by the law of a constituent entity of the Russian Federation;
a decision on no confidence (trust) in a senior official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) is drawn up, as well as a decision on no confidence (trust) in the heads of executive bodies of a constituent entity of the Russian Federation, in whose appointment the legislative (representative) the state authority of the constituent entity of the Russian Federation took part;
an agreement on changing the borders of the constituent entities of the Russian Federation is approved;
the draft agreement on the delineation of powers is approved;
appointed to the position of a judge of the constitutional (statutory) court of a constituent entity of the Russian Federation and formalized other decisions on issues of jurisdiction.
The constitution (charter) of a constituent entity of the Russian Federation, amendments to it (to it) are adopted by a majority of at least two-thirds of the established number of deputies. The laws of a constituent entity of the Russian Federation are adopted by a majority vote of the established number of deputies. Resolutions of the legislative (representative) body of state power of a constituent entity of the Russian Federation are adopted by a majority vote of the number of elected deputies.
The draft law of the constituent entity of the Russian Federation is considered by the legislative (representative) body of state power of the constituent entity of the Russian Federation in at least two readings. A decision on the adoption or rejection of a draft law, as well as on the adoption of a law, shall be formalized by a resolution of the legislative (representative) body of state power of the constituent entity of the Russian Federation.
Draft laws providing for expenses covered by the budget of a constituent entity of the Russian Federation are considered by the legislative body on the proposal of a senior official or if there is an opinion of the said person within a period of at least 14 calendar days.
The laws adopted by the legislative body are sent to the highest official of the constituent entity of the Russian Federation for promulgation within a period not exceeding 14 calendar days. In case of rejection of the law, it can be approved in the previously adopted version by a majority of at least 2/3 of the votes of the established number of deputies. A law approved in this way cannot be rejected by a senior official of a constituent entity of the Russian Federation and is subject to publication within a specified period.
The constitution (charter) and the law of the constituent entity of the Russian Federation enter into force after their official publication. Laws and other normative legal acts of a constituent entity of the Russian Federation on the protection of human and civil rights and freedoms enter into force no earlier than ten days after their official publication.
The authorities of the constituent entities of the Russian Federation ensure the compliance of their activities and adopted regulatory legal acts with federal legislation. Their responsibility was established for violating the Constitution of the Russian Federation, federal laws, ignoring court decisions, as a result of which obstacles were created to the work of federal authorities, local self-government, human rights and freedoms, the interests of legal entities protected by law were violated.
The powers of the legislative body of state power of a constituent entity of the Russian Federation may be terminated early in the following cases:
making a decision on self-dissolution;
dissolution by the highest official of a constituent entity of the Russian Federation;
the entry into force of a court decision on the incompetence of this composition of deputies, including in connection with the resignation of their powers.
The right to early terminate the powers of the legislative (representative) body of state power of a constituent entity of the Russian Federation is vested in the highest official of the constituent entity of the Russian Federation and the President of the Russian Federation. The highest official of the constituent entity of the Russian Federation, within three months from the date of entry into force of the decision of the relevant court, has the right to early terminate the powers of the legislative body in the event of:
the adoption by him of a normative legal act that contradicts the Constitution of the Russian Federation, federal laws, the constitution (charter) of a constituent entity of the Russian Federation, if such contradictions are established by the relevant court and are not eliminated by the legislative body within six months from the date of entry into force of the court decision;
if it is established by a decision of the relevant court that has entered into force that the legislative (representative) body of state power of the constituent entity of the Russian Federation elected in the competent composition has not held a meeting for three consecutive months.
This decision is made in the form of a decree (resolution).
The President of the Russian Federation also has the right to issue a warning to the legislative (representative) body of state power of a constituent entity of the Russian Federation in the form of a decree. If, within three months from the date of the warning, the said body did not take appropriate measures to enforce the court decision, the President of the Russian Federation has the right to dissolve the legislative (representative) body of state power of the constituent entity of the Russian Federation (the President of the Russian Federation submits to the State Duma a draft law on the dissolution of the legislative body, and The State Duma is obliged to consider this draft within two months). The period during which the President of the Russian Federation has the right to issue a warning to the legislative (representative) body of state power of the constituent entity of the Russian Federation or to decide on the dissolution of the said body may not exceed one year from the date of entry into force of the court decision.
Another case of early termination of the powers of the legislative body of a constituent entity of the Russian Federation is associated with the rejection of the candidacy of the highest official of the Russian Federation presented by the President of the Russian Federation. If, after being submitted for the third time to the post of the highest official of the constituent entity of the Russian Federation, the legislative (representative) body of state power of the constituent (representative) body of state power of a constituent entity of the Russian Federation.
In the event of an early termination of the powers of the legislative body of a constituent entity of the Russian Federation, extraordinary elections are appointed, which are held no later than 120 days (6 months) from the date of entry into force of the decision on the early termination of its powers.
The system of executive authorities of the constituent entities of the Russian Federation. The executive power in the constituent entities of the Russian Federation is a part of the unified state power of the Russian Federation. The executive authorities are of priority importance in the triad of branches of government, which determines their leading role in the management of the most important processes in the state and the region. In the constituent entity of the Russian Federation, a system of executive authorities is established, headed by the highest executive body of state power of the constituent entity of the Russian Federation.
In accordance with the Constitution of the Russian Federation, federal executive bodies and executive bodies of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation on matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Unity this system presupposes a greater structural and functional similarity of executive bodies of both federal and subjects of the Federation, an increased degree of organizational and legal interaction and a certain subordination. Based on the provisions of Art. 78 of the Constitution of the Russian Federation, federal executive bodies and executive bodies of the constituent entities of the Russian Federation, upon mutual agreement, may transfer to each other the exercise of some of their powers.
The structure of the executive bodies of state power of the constituent entity of the Russian Federation is determined by the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) in accordance with the constitution (charter) of the constituent entity of the Russian Federation.
The main feature of the organization of the executive bodies of state power of the constituent entities of the Russian Federation is a two-tier system of legal regulation, conditioned by the following factors: first, the delimitation of the subjects of jurisdiction and powers between the Russian Federation and its constituent entities; secondly, the need to ensure the unity of the system of executive authorities. On the one hand, the constituent entities of the Russian Federation independently form the system of executive authorities on their territory. On the other hand, the federal executive authorities and the authorities of the constituent entities of the Federation form a single system of executive authorities in the Russian Federation. As a result, various systems of executive authorities interact on the territory of each subject of the Federation: federal authorities; executive bodies of this constituent entity of the Federation, as well as municipal bodies of local self-government. It should be noted that the mechanism of optimal interaction between executive authorities at all levels is still poorly developed.
The structure of the executive bodies of state power in the constituent entities of the Russian Federation is represented mainly by two models: one-man management in the leadership of the executive body and collegiality in management. The first model: a senior official, the head of the executive branch in a constituent entity individually creates the structure of the administration of the constituent entity of the Russian Federation, is endowed with various powers in the field of the formation of executive authorities, the structure of administration, budget, finance and accounting, property management, interaction with institutions and enterprises of various forms of ownership, as well as in the sectors and spheres of economic and socio-cultural development, directly manages all structural divisions approved administration structure. The powers of a senior official include:
the right to initiate legislation; signing and publishing laws;
a suspensive veto on laws;
the exclusive right to submit bills on the budget, plans for the socio-economic development of the region, the organizational structure of the executive branch.
Most of the charters of the constituent entities of the Russian Federation provide for a mechanism to restrain the power of senior officials, heads of the executive power of the subject - the right of a representative body to approve deputies, the structure of the administration, costs for its maintenance, hearing annual reports on the activities of the administration, the right to early terminate the powers of a senior official, etc.
The second model of the structure of the administration of a constituent entity of the Russian Federation assumes the establishment of the government as an independent organizational and legal form of executive power with normatively established competence, powers in establishing executive and administrative functions. The government has two beginnings:
1) it issues normative acts that are generally valid for the entire population of the territory, that is, it is the bearer of public law;
2) the government is a legal entity, that is, the subject of civil law, private law relations, can conclude transactions in the field of property, land and other relations.
There is an intermediate model for organizing administration: the government is not legal entity and is not an independent subject - its status is, rather, of a collegium under the governor.
Different models of the executive power of the constituent entities of the Russian Federation do not provide a unified legal and administrative and managerial field in the country. In the constitutions of the republics and charters, the ratio of acts of legal force of those that are issued locally and acts of the federal government, which has no direct administrative impact on the organizational and legal bodies of executive power of the constituent entities of the Russian Federation.
Executive authorities in the republics of the Russian Federation function, as a rule, on the basis of one of the above options.
1. Supreme body the executive branch of the republic is headed and formed by the highest official independently. In this case, the highest executive body (government) is fully responsible to the highest official of the constituent entity of the Federation. This characterizes the system of executive bodies of the presidential republics.
2. The supreme body of executive power has "double responsibility": to the highest official of the constituent entity of the Russian Federation and the legislative body of the constituent entity of the Federation. The highest official is not the head of the executive branch directly, since there is the position of the chairman of the government. This is typical for mixed, semi-presidential republics and most of the territories and regions.
3. With a collegial system of formation and organization of executive power in parliamentary republics the executive branch (government) is formed by the representative legislature. This is the case in the Udmurt Republic, the Republic of Dagestan.
The structure of the republican executive authorities is characterized by great diversity, which follows from the variety of models for organizing the system of executive authorities in the republics.
The highest executive body of state power of a constituent entity of the Russian Federation is a permanent executive body of the constituent entity of the Russian Federation and ensures the implementation of the regulatory legal acts of Russia and the constituent entity of the Russian Federation. Based on constitutional principle division of state power into legislative, executive and judicial, acting not only at the federal, but also at the level of the constituent entities of the Federation, the supreme executive body of state power of the constituent entity of the Russian Federation exercises its powers independently.
The name, structure, procedure for the formation of the supreme executive body of state power of the constituent entity of the Russian Federation are established by the constitution (charter) and laws of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of the constituent entity of the Russian Federation: government (Buryatia, Dagestan, Saratov region etc.), Cabinet of Ministers (Tatarstan, Bashkortostan, Chuvash Republic), administration (Tambov, Irkutsk regions, etc.).
In the republics, the body of executive power of general competence is most often the government (council of ministers) headed by the president of the republic or the chairman of the government. In other constituent entities, the executive authority of general competence is the administration of the constituent entity of the Russian Federation headed by the governor; other forms are also possible.
In accordance with the Law "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation", a system of executive bodies is established in the constituent entity of the Russian Federation, headed by a permanently acting supreme executive body of state power of the constituent entity of the Federation, headed by its highest official.
Although the main role in the formation of the highest executive body belongs to the highest official of the constituent entity of the Russian Federation, the legislative body may also have powers in this area. In particular, to approve or agree on the appointment of individual officials of the executive bodies of both the constituent entity of the Russian Federation itself and the territorial bodies of the Russian Federation, if provided by law. In addition, the legislature has the right to express no confidence in the officials in whose appointment it participated. The adoption of such a decision entails the immediate dismissal of the head.
The tasks of the executive authorities of the constituent entity of the Russian Federation include the implementation of the Constitution of the Russian Federation and federal laws, decrees of the President and decrees of the Government of the Russian Federation, legislation of the constituent entity of the Russian Federation. The executive authorities of the Russian Federation issue decrees, resolutions, orders. Resolutions and orders of the Government of the Russian Federation are binding on the entire territory of the Russian Federation. Decrees, decrees and orders of the executive authorities of the constituent entities of the Russian Federation and local self-government are binding on the territory of the constituent entity of the Russian Federation and the municipality.
The highest executive body of state power of a constituent entity of the Russian Federation:
develops and implements measures to ensure the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, health care, culture, social security and ecology;
takes measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, counter terrorism and extremism, and combat crime;
develops the draft budget and socio-economic development programs for submission by the senior official of the constituent entity of the Russian Federation for approval to the legislative body and ensuring their implementation;
forms other executive bodies of the constituent entity of the Russian Federation;
manages and disposes of the property of the constituent entity of the Russian Federation, and also manages federal property transferred to the management of the constituent entity of the Russian Federation;
has the right to propose to a local self-government body, an elected or other official of local self-government, to bring the legal acts issued by them in line with the legislation of the Russian Federation in the event that these acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the constitution (charter), laws and other regulatory legal acts of the constituent entity of the Russian Federation, and also has the right to go to court;
exercises other powers assigned by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation and legal acts of the legislative bodies of the constituent entities of the Russian Federation.
The legislative and supreme executive bodies of state power of the constituent entity of the Russian Federation interact in order to effectively manage the processes of economic and social development and in the interests of the population. Legal acts of the executive branch are sent to the legislative body, which has the right to propose amendments or additions to them or cancel them, as well as appeal against these acts in court. The highest official of a constituent entity of the Russian Federation has the right to apply to the legislative body with a proposal to amend and amend the resolution of the legislative body or to cancel them, as well as appeal against these decisions in court. The legislative body sends to the senior official the plans for legislative work and draft laws of the constituent entity of the Russian Federation. The meetings of the legislative body may be attended with the right of an advisory vote by the heads of the executive authorities or persons authorized by them. Deputies or employees of the legislative body may be present at meetings of executive bodies.
The executive power of the region in certain areas of activity is controlled by the legislative power, which is due to its essence as a power called upon to execute laws. The forms of control can be reports of the executive body on the results of work at meetings of the legislative body, the mandatory presence of the head of the executive body at sessions, the appointment and dismissal of key leaders of the highest executive body in agreement with the legislative body. The legislative body approves the reports of the executive body on budget execution, use budget funds and off-budget funds, implementation of social and economic development programs. The heads of the executive body respond to inquiries and appeals from deputies.
Potential disputes between legislative and supreme executive bodies regarding the exercise of their powers are resolved in accordance with conciliation procedures or in court.
The delimitation of powers of representative and executive bodies of state power is carried out on the basis of laws on state power bodies adopted in the constituent entities of the Russian Federation. The boundaries of the independence of each branch of government are determined in the charters adopted in the region, territory. In each subject of the Russian Federation, these and other issues of authority are resolved in different ways.
Representative offices of the constituent entities of the Russian Federation are being opened under the Government of the Russian Federation, whose tasks include the implementation of communication and coordination of the executive and legislative authorities of the federal level with similar branches of power in the region, coordination on the development of the regional budget, the implementation of targeted programs, etc.
Federal executive bodies (ministries and departments) form their own subdivisions in the regions - territorial bodies. Territorial bodies of ministries and departments of Russia perform both national and regional functions. They represent the relevant federal executive authorities in their relations with the executive authorities of the constituent entities of the Russian Federation. The creation of a territorial body is carried out by the relevant federal executive body in agreement with the administrations of the constituent entities of the Russian Federation. In accordance with the Decree of the President of the Russian Federation of July 2, 2005 No. 733 "Issues of organizing interaction and coordination of the activities of executive bodies of the constituent entities of the Russian Federation and territorial bodies of federal executive bodies", the head of the territorial body is appointed and dismissed by the relevant ministry or department in agreement with the subject of the Russian Federation ...
The issues of interaction between the executive authorities of the constituent entities of the Russian Federation and the territorial bodies of the federal executive bodies are regulated by the Decree of the Government of the Russian Federation of December 5, 2005 No. 725 "On interaction and coordination of the activities of the executive bodies of the constituent entities of the Russian Federation and the territorial bodies of federal executive bodies."
The main principles of the activities of territorial bodies are: separation of powers, delimitation of jurisdiction between federal executive bodies and executive bodies of the constituent entities of the Russian Federation, personal responsibility, compliance with the rule of law. The functions of territorial bodies are determined based on the specifics of the activities of the relevant ministries and departments of Russia, taking into account the specific characteristics of the regions. They participate in the state regulation of the economic and social development of the constituent entities of the Russian Federation, the development of options for interregional cooperation, the implementation of measures aimed at deepening economic reforms, etc.
The territorial bodies carry out their activities under the leadership of the federal body, and on issues falling within the competence of the constituent entity of the Russian Federation, in cooperation with their respective executive bodies. To prevent the dependence of territorial bodies on the administrations of the constituent entities of the Russian Federation, to merge the central and regional elite in order to satisfy their vested interests, interregional representative offices are created, common for several constituent entities of the Russian Federation.
The territorial bodies receive information for the implementation of their activities from ministries and departments, executive authorities of the constituent entities of the Russian Federation, statistics bodies, enterprises and organizations, regardless of their form of ownership. The number of territorial subdivisions of federal executive bodies is determined by the number federal ministries and departments that have their representations in the subject of the Federation, and may amount to several dozen. The main ones are subdivisions of power ministries, economic services, and supervisory bodies.
Financing of the activities of territorial bodies is carried out, as a rule, at the expense of federal budget, as well as the budgets of the constituent entities of the Russian Federation. The limiting number and wage fund of employees of territorial bodies are established. The executive authorities of the constituent entities of the Russian Federation provide assistance to the territorial authorities in creating the conditions necessary for their work.
The highest official of a constituent entity of the Russian Federation(the head of the highest executive body of state power of a constituent entity of the Russian Federation) may be a citizen of the Russian Federation who does not have the citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, and who has reached the age of 30 years.
The name of the position of the highest official of a constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) is established by the constitution (charter) of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of this constituent entity of the Russian Federation. For example, the president (the republics of Adygea, Buryatia, Tyva, etc.), the head of the republic (the Komi Republic), the chairman of the government (Karelia and Khakassia), the governor (Tverskaya, Leningrad region, the city of St. Petersburg, etc.), the head of the administration (Kostroma, Novgorod regions, etc.). In a number of regions, a double name is allowed: "head of the administration (governor) of the region" (Rostov, Omsk, Kaliningrad, etc.), "governor (head of the administration) of the region" (Samara, Nizhny Novgorod). And only in Moscow, a city of federal significance, the highest official is called the mayor.
Previously, the highest official of a constituent entity of the Russian Federation was elected by citizens of the Russian Federation residing in the territory of a constituent entity of the Russian Federation, on the basis of universal, equal and direct suffrage by secret ballot. However, the changes that were made to the Federal Law on December 11, 2004 established a different procedure for appointing the highest official of a constituent entity of the Russian Federation. (The regulation on the procedure for considering candidates for the position of a senior official (head of the highest executive body of state power) of a constituent entity of the Russian Federation was approved by Decree of the President of the Russian Federation No. 1603 of December 27, 2004.)
A citizen of the Russian Federation is vested with the powers of a senior official of a constituent entity of the Russian Federation (the head of the supreme executive body of state power of a constituent entity of the Russian Federation) on the proposal of the President of the Russian Federation (with a preliminary presentation of at least two candidates for this position by the plenipotentiary of the President of the Russian Federation in the federal district on the basis of consultations to the Administration of the President of the Russian Federation) ) by the legislative assembly of the constituent entity of the Russian Federation. At the same time, he can be endowed with the powers of the highest official of a constituent entity of the Russian Federation for a period not exceeding five years. The proposal on the candidacy of the highest official of the constituent entity of the Russian Federation is submitted by the President of the Russian Federation after preliminary consultations to the legislative (representative) body of the state constituent entity of the Russian Federation no later than 35 days before the expiration of the term of office of the highest official of the constituent entity of the Russian Federation.
The legislative (representative) body of state power of the constituent entity of the Russian Federation considers the candidacy of the highest official of the constituent entity of the Russian Federation (head of the highest executive body of state power of the constituent entity) presented by the President of the Russian Federation within 14 days from the date of submission of the submission. If the constitution (charter) of the constituent entity of the Russian Federation provides for a bicameral legislative body of state power of the constituent entity of the Russian Federation, the decision on vesting a citizen of the Russian Federation with the powers of the highest official of the constituent entity of the Russian Federation shall be made at a joint meeting of the chambers.
The decision to vest a citizen of the Russian Federation with the powers of the highest official of a constituent entity of the Russian Federation shall be considered adopted if more than half of the established number of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation voted for him. If the constitution (charter) of a constituent entity of the Russian Federation provides for a bicameral legislative (representative) body of state power of the constituent entity of the Russian Federation, such a decision shall be considered adopted if more than half of the established number of deputies of each of the chambers of the legislative body of the constituent entity of the Russian Federation voted for it.
If the legislative (representative) body of a constituent entity of the Russian Federation rejects the proposed candidacy by the President of the Russian Federation, no later than seven days from the date of rejection, the proposal for the candidacy is re-submitted. In the event of a double rejection of the submitted candidacy for the highest official of the constituent entity of the Russian Federation, as well as in other cases, the President of the Russian Federation appoints an interim official of the constituent entity of the Russian Federation for a period not exceeding six months.
Restrictions: the highest official of a constituent entity of the Russian Federation (the head of the supreme executive body of state power of a constituent entity of the Russian Federation) cannot simultaneously be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Federation Council of the Federal Assembly of the Russian Federation, a judge, or fill other public offices of the Russian Federation, public offices federal public service, other public offices of this constituent entity of the Russian Federation or public offices of the civil service of a constituent entity of the Russian Federation, as well as elective municipal offices and municipal posts of municipal service, cannot engage in other paid activities, except for teaching, scientific and other creative activities, unless otherwise stipulated by the legislation of the Russian Federation.
The competence of the highest official of the constituent entity of the Russian Federation includes: a) representative powers (represents the constituent entity of the Russian Federation in relations with the authorities, in the implementation of foreign economic relations, signs contracts and agreements on behalf of the constituent entity of the Russian Federation);
b) legislative powers (promulgates laws, certifying their promulgation by signing or issuing special acts, or rejects laws adopted by the legislative body of the constituent entity of the Russian Federation; participates in the work of the legislative body with an advisory vote; has the right to demand the convocation of an extraordinary meeting of the legislative body of the constituent entity of the Russian Federation, as well as to convene the newly elected legislative body for the first meeting earlier than the deadline established by the constitution (charter) of the constituent entity of the Russian Federation;
c) management powers (forms the supreme executive body of the constituent entity of the Russian Federation in accordance with the legislation of the constituent entity of the Russian Federation and decides on the resignation of the supreme executive body of state power of the constituent entity of the Russian Federation);
d) coordination powers (in accordance with the legislation of the Russian Federation, it can organize interaction between the executive authorities of the constituent entity of the Russian Federation with the federal executive authorities and their territorial bodies, other state authorities of the constituent entities of the Russian Federation, local self-government bodies and public associations);
e) other powers in accordance with federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation. For example, the highest official of a constituent entity of the Russian Federation appoints a member of the Council of the Russian Federation. As a member of the State Council, an advisory body under the President of the Russian Federation, he participates in the formation of state policy in Russia, naturally, lobbying at the same time the interests of his region.
The highest official of a constituent entity of the Russian Federation is endowed with the right of legislative initiative. At the same time, the bills submitted by him are considered on his proposal as a matter of priority. The highest official of a constituent entity of the Russian Federation, in cases established by law, has the right to dissolve the legislative body of a constituent entity of the Russian Federation. The means of influencing the legislative process is the veto right of the highest official of the constituent entity of the Russian Federation provided for by the constitutions and charters of the constituent entities of the Russian Federation. In addition, the highest official of a constituent entity of the Russian Federation, on issues attributed to his jurisdiction, adopts his acts in the form of decrees (resolutions) and orders. They come into force from the moment they are signed, unless otherwise specified in the act itself, and are binding on the subject of the Russian Federation. In addition, these acts should be sent to the legislative body of the constituent entity of the Russian Federation, which has the right to appeal to a senior official with a proposal to amend or supplement or cancel them, as well as appeal to a court. A senior official has the same power in relation to legislative decisions.
In cases where a senior official of a constituent entity of the Russian Federation temporarily (due to illness or vacation) cannot fulfill his duties, they are performed by an official provided for by the constitution (charter) of the constituent entity of the Russian Federation.
Early termination of powers of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) occurs in the event of:
his death;
his resignation of his own free will;
his removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the legislative (representative) body of the subject of the Russian Federation;
Chapter 2. POWERS OF FEDERAL STATE AUTHORITIES, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE FIELD OF PROVIDING CITIZENS WITH FREE LEGAL AUTHORITY OF THE PRESIDENT
Article 4. Normative legal acts of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees (as amended by Federal Law of June 29, 2004 N 58-FZ) 1. Normative acts ministries and
Chapter 19.1. EXERCISE OF BUDGETARY POWERS OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE INTRODUCTION OF INTERIM FINANCIAL ADMINISTRATION Article 168.1. The concept of a provisional financial administration Provisional
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24. Powers of state authorities of the constituent entities of the Russian Federation in the field of local self-government Powers of public authorities of the constituent entities of the Russian Federation in the field of local self-government: legal regulation of the organization of local self-government in the constituent entities of the Russian Federation in the cases and procedure established by the basic Federal Law on local self-government;
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Article 4. Normative legal acts of the Government of the Russian Federation, federal executive bodies, executive bodies of the constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees 1. Government
What is the specificity of the evidence and the consequences of considering cases on challenging decisions and actions (inaction) of state authorities, local authorities, officials, state and municipal employees? During the proceedings, the court
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Article 7. Participation of prosecutors in meetings of federal legislative and executive bodies, representative (legislative) and executive bodies of the constituent entities of the Russian Federation, local self-government bodies 1. The Prosecutor General of the Russian Federation
Section II. POWERS OF THE FEDERAL STATE AUTHORITIES, STATE AUTHORITIES OF THE RUSSIAN FEDERATION SUBJECTS AND LOCAL GOVERNMENT BODIES IN THE FIELD OF HEALTH PROTECTION (as amended by the Federal Law of 08.22.2004
Chapter II. POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE FIELD OF SAFE HANDLING OF PESTICIDES AND AGROPOLITIES
ARTICLE 5. The Powers of the Bodies of State Power of the Russian Federation and Bodies of State Power of the Subjects of the Russian Federation to Implement Guarantees of the Rights of the Child in the Russian Federation
Article 4. Normative legal acts of federal executive bodies, executive bodies of constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees (as amended by Federal Law of June 29, 2004 No. 58-FZ) 1. Federal
80. The system of public authorities of the constituent entities of the Russian Federation In accordance with the Constitution of the Russian Federation, the activities of public authorities of a constituent entity of the Russian Federation are carried out in accordance with the following principles: 1) state and territorial