According to Art. 6 of the Constitution of Ukraine, state power in Ukraine is exercised on the principle of its division into legislative, executive and judicial. Bodies of legislative, executive and judiciary exercise their powers within the limits established by this Constitution and in accordance with the laws of Ukraine. Among the organs state power organs occupy an important place executive power carrying out the functions of state management of economic, socio-cultural and administrative-political construction. The socio-economic and political state of the country primarily depends on the results of the activities of these bodies. It is these bodies that act as the main subject of administrative law. In administrative and legal science, an executive authority is a part of the state apparatus (organization) that has its own structure and staff of employees and, within the established competence, carries out the functions of state administration in the economic, socio-cultural, administrative and political spheres on behalf and on behalf of the state. public life... This concept has the most significant 63 .1 General part _______ Section P. Subjects of administrative law of Ukraine _______ signs of executive authorities. Such bodies are state bodies and, together with the legislative and judicial authorities, constitute a single state apparatus. Therefore, the executive authorities have all the most important features government agencies, but, in addition, they have their own specific features, due to the tasks and special character government controlled. The executive authorities also create their own apparatus - the apparatus of state administration, which belongs to the number of complex self-governing systems. It is a holistic formation, consisting of a large number of different parts - individual bodies and their structural divisions. The executive authorities carry out the functions of the state, guided by the provisions of the Constitution and the laws of Ukraine, acts of the President of Ukraine, as well as normative acts of the state administration bodies of the highest level. Each executive body, acting on behalf of and on behalf of the state, has a certain legal status, acts as the bearer of the corresponding powers of a legally imperious nature, the implementation of which ensures it the achievement of the goal of executive and administrative activities. Executive authorities are endowed with the necessary operational independence, which is expressed in their competence - the subjects of jurisdiction, rights, duties, territorial scope of activity of each individual body. Competence is a certain amount state activities assigned to a specific body, or a range of issues, provided by law, other normative legal acts that he has the right to decide in the process of practical activities (the range of issues that are resolved by the ministry is determined in the Regulations on the relevant ministry; by the department - in the Regulations on the relevant department). Each executive authority has an official name and authority to use different attributes with state symbols(with an official stamp, letterheads with official names, etc.). Most executive bodies and methods of their activity are determined by the Constitution and laws of Ukraine, acts of the President of Ukraine. The activities of these bodies have a secondary, subordinate, executive and administrative character, for they carry out their functions on the basis of and for the implementation of the law. But, exercising their competence, fulfilling the provisions of laws and legal acts of other state bodies, executive authorities have the authority to dispose of specific issues and adopt by-laws. Consequently, in the process of executive and administrative activities, governing bodies act legally imperiously, applying various legal means rule-making, operational-executive (administrative) and jurisdictional (law enforcement) nature. As part of the state apparatus, the executive authorities have their own internal structure and staff. The organizational structure of the state apparatus is the division of the whole into organizationally separate units and a network of managerial ties in it, a special form of division and cooperation of managerial activities, a stable scheme for the distribution of its tasks and functions. An executive authority is an organization - a collective of people - civil servants, which is formed by their appointment or competitive selection to a position for the implementation of specific executive and administrative activities in a legally imperious form. Within the collective of this body between structural units and the employees have been assigned powers and responsibility for the assigned case, various organizational and legal ties have been established and developed. All this is aimed at ensuring the efficient operation of executive authorities. Executive authorities differ in many respects from legislative and judicial authorities - their intended purpose, functions, nature of activity, the order of formation of individual organs and the relationship between various bodies, the composition of employees and the procedure for replacing them with positions, forms and methods of exercising their legal powers. Executive authorities differ significantly from enterprises, associations, institutions, organizations, including state ones. The main thing that distinguishes the executive authorities from enterprises, associations, institutions and organizations is that the former have state-power powers, manage objects, which include Almichn-rishpnoe right 65 General Part _______ Section II. The subjects of administrative law of Ukraine themselves enterprises, associations, institutions located outside of them act on behalf of the state, and enterprises, associations employed economic activities, institutions - social services, organizations (construction and installation, housing and exploitation, road, etc.) build or operate production or other facilities. In executive authorities, from central to local (district), all employees (with the exception of service personnel, creating only conditions for the normal functioning of the body) carry out various management functions, and their work is one of the types of management activities. At enterprises, in institutions, their employees perform work of a different nature. One (most) part of the workers is employed directly in production process or the process of social service, produces certain products (material values, services). Another, much smaller part of the workers, carries out managerial, imperious organizational activities... This activity is not the main one for the enterprise (institution), but it provides, creates the proper conditions for the main one - production activity or social service activity. Enterprises (institutions) as a whole do not perform managerial functions; such functions are performed by a specially organized group of people, which is called the administration of the enterprise (institution). School management, board joint stock company, chief physician polyclinics have administrative and power powers, carry out executive and administrative functions within a given facility, issue individual and normative acts that are mandatory for employees of these enterprises and institutions. Taking into account precisely these features, the administration of state enterprises, institutions are also referred to as state administration bodies, they are called at the same time direct administration bodies or bodies of subject competence. The foregoing makes it possible to conclude that an executive authority (public administration) is an organization that is part of the state apparatus, has a certain competence, structure, territorial scope Chapter 6 Executive authorities of activity, is created in the manner prescribed by law or other legal act, owns certain methods of work, is empowered to act on behalf of and on behalf of the state and is called upon to executive activities carry out management of the economy, social and cultural construction and administrative and political activities.

More on the topic § 1. The concept, signs and legal status of executive authorities:

1. § 1. Concept, signs and legal status of executive authorities
2. 1.1 The legal status of local governments for the protection of public order and the safety of citizens

The legal status of bodies ( legal position).

Read also: Communio. The right to a share of a thing and a share of the right to a thing (real and ideal share). Legal regime res communes. X. Topographic anatomy and operative surgery of the abdominal organs Administrative and legal status of foreign citizens and stateless persons. Administrative legal status of enterprises and institutions. Administrative and legal status of civil servants and the procedure for their service Administrative and legal status of foreign citizens and stateless persons

· A distinction should be made between general legal status and administrative legal status.

Scheme common legal status :

Which body state is,

What type of bodies does it belong to in terms of the main content of its activities,

Who establishes it, forms it, shapes it personnel,

To whom the body is subordinate (accountable, controlled), who can cancel, change, suspend its acts,

Who is subordinate to him,

What is the legal force of his acts, their official name,

What state symbols body can enjoy,

What are the sources of funding

Does the body have the rights legal entity.

Administrative and legal status bodies of executive power characterizes their position in the system of executive power in the implementation of public administration. The status of an executive authority is determined by its specific purpose, place and role in the management system.

The administrative and legal status is enshrined in the Constitution of the Russian Federation, laws and regulations(as a rule, provisions on organs).

ü Bodies have administrative legal personality (legal capacity and legal capacity of the bodies merge). Legal personality partly coincides with competence, partly goes beyond its limits, since, firstly, a body in administrative legal relations can act as a subject or as an object of government services).

Q7 QUESTION No. 15: Types and system of executive authorities

Types of executive authorities (classification):

- territorial scope of activity- federal, regional, regional, republican (previously - central and local) - these are territorial bodies. Inter-territorial bodies, military command and control bodies, federal districts, on specific issues,

Depending on the order of education- elected, appointed, formed,

Depending on the legal regulation order of education - formed in accordance with the Constitution of the Russian Federation, the constitutions and charters of the constituent entities of the Russian Federation, or in accordance with the current legislation (it is important for the categories of positions public service),

Depending on the scope and nature of competence- Traditionally, according to these criteria, ministries and other bodies (state committees, committees, etc.) were distinguished. Nowadays it has remained in theory, in practice regulations ministries are engaged in control and supervision - services, the provision of public services - agencies, all these functions on a narrow issue - committees. In theory - organs general, sectoral, cross-sectoral and special competence.

By subject (industry) focus competence - bodies in the field of economics, socio-cultural and administrative sphere,

By order of permission subordinate issues are divided into collegial and one-time (combination),

By source financing(federal, regional budget). This is essential for practice.

The system of executive authorities.

Thus, it is possible by elements to determine the complete organizational subordination and it is possible to find out the true nature of the relationship with a veiled legal regulation.

- controllability- the ability to carry out checks and intervene in operational activities,

- subordination,

- coordination- 2 types - imperious (coordination of actions of others) and horizontal - (coordination of actions of their own and others).

- accountability- the obligation to submit reports. But questions arise in practice, in theory no special studies, there are also terms "jurisdiction" and "supervision".

Factors affecting the structure of the organ system:

1. Federated device RF: federal bodies and bodies of subjects. Elements of the manifestation of the principle of federalism: 1) correlation of powers and subjects of jurisdiction; 2) the ratio of acts; 3) an agreement as a form of relationship.

2. Administrative and territorial structure.

3. Technical and economic factors, for example, the structure of the economy, social sphere. Division into sectors, affects directly and indirectly (ministries and services)

4. Socio-political factors.

5. Combination of centralization and decentralization. Decentralization- assignment to the body of powers exercised independently without interference higher authorities... A special kind of decentralization is the delegation of powers (the federation - to the subject of the Russian Federation, the subject of the Russian Federation - local government). Deconcentration(transfer to a lower level) of authority involves the creation territorial body(or another, but inferior in relation to the grantor), as well as endowing this body with its own competence, which will include the former powers of the superior body.

Principles of organization and activity of executive authorities:

a) industry,

b) territorial,

c) linear,

d) functional.

Decision-making principles:

a) one-time,

b) collegial,

c) the principle of combining collegiality and one-man management.

One of the most important problems of administrative law is streamlining and increasing the effectiveness of subjects of administrative law See: Administrative law and the administrative process: old and new problems // GiP. 1998. No. 8. P. 6 (speech by Yu.A. Tikhomirov). * "On the legal regulation of the status federal bodies executive power, their organization and functioning, see: Functioning of the state administrative apparatus. M., 1998 .. It directly depends on the normative establishment and practical implementation of their legal status.

The legal status (or legal status) of executive bodies implies that they all act on the basis of laws and other normative acts, carry out rule-making activities, perform actions assigned to them by normative acts, have powers (competence), and also have operational independence, but within the established competence.

The legal status of executive bodies is characterized by the fact that these bodies are independent and independent precisely in the exercise of the powers granted to them. Independence from organs the legislature established by the Constitution of the Russian Federation, federal laws, acts of the President and the Government of the Russian Federation, as well as other regulatory legal acts. Exceeding the limits of established competencies means misappropriation of power.

Prior to the adoption of the Constitution of the Russian Federation in 1993, government bodies were under control representative bodies states were accountable and controlled by them. This principle underlies normal administrative system every economically and politically and legally developed state. In Russia, the President of the Russian Federation, the Presidents of the republics within Russia - the constituent entities of the Russian Federation, and the heads of the administrations of the constituent entities of the Federation are of decisive importance in the formation of executive authorities. The executive authorities are not accountable and not controlled by the representative authorities. The main way that legislative bodies influence the executive branch is through the adoption of laws.

The executive branch has a significant influence on legislative activity representative bodies of power: exercise the right of legislative initiative of the Government of the Russian Federation, the right to sign and return for reconsideration of normative acts granted to the heads of administrations of territories, regions, etc. The jurisdiction of cases (disputes) related to the organization and functioning of executive bodies, courts has been expanded general jurisdiction and arbitration courts, increased the grounds for the cancellation by the courts of legal acts of the executive authorities that contradict the laws.

As already noted, the executive authorities carry out executive, administrative, control and supervisory, regulatory, jurisdictional and rule-making activities. The legal status of executive authorities performing important functions of state regulation in different areas, is set, as a rule, in federal laws... For example, the Federal Law of January 2, 2000 "On the quality and safety of food" in Ch. 3 defines the provisions on state regulation in the field of quality assurance and food safety: state regulation, state registration food products, materials and products; licensing certain types activities for the manufacture and circulation of food products; assessment and confirmation of compliance with requirements normative documents food products, materials and products, services provided in the field retail food and the sphere of public catering, as well as quality systems; state control and supervision of quality assurance and food safety.

Currently, the relevance of an effective administrative policy is increasing. The last A.P. Shergin defines as "the main directions of the state's activity in the sphere of relations between the executive power and the citizen." Administrative policy is implemented in the practical activities of executive authorities. The need for a new administrative policy is due to the goal of creating a modern the rule of law, however, the preliminary stage should be the immediate implementation of administrative reform... An important step on this path would be the formation of legislation establishing a mechanism for reforming the executive branch and ensuring the implementation of the administrative and legal status of citizens and the executive authorities themselves.

An important element of the activities of state executive bodies is the rule-making work carried out on the basis of normatively established provisions - the real operation of laws depends on its effectiveness.

The implementation of the legal status of executive authorities in the Russian Federation is guaranteed Russian legislation, the possibility of applying for protection to the court, the use of measures of state coercion.

The concept of the organ of the state. The concept of "organ" is part of another broader concept of "organization", that is social system a certain level, a set of people, structured in a certain way, organized, and acting to achieve a single goal.

An organ is a specific type of organization, namely that cell (element) of the organization, which acts outwardly on behalf of the entire organization and is formed for the implementation of self-government, internal ordering of the organization. Thus, an organ in terms of systems theory is a subject of control.

An executive body is a type of state body, an instrument created with a specific purpose - to carry out public administration.

Signs of a state body:

1. Part of the state apparatus.

2. Endowment with state and power powers and, therefore, their own competence.

3. The presence of an organizational structure.

4. Participation in the implementation of the tasks and functions of the state.

5. Inherent this kind body methods and forms of activity.

6-7. As optional features in the literature of the 70s, the territorial scale of activity, consolidation in the norms of law (constitutional norms) were indicated.

Peculiarities legal regime activities of state bodies. The principle “everything that is not allowed is prohibited” applies.

There is no official definition of an executive authority in the legislation.

* N.Yu. Hamaneva: “The executive power body is an independent structural part of the state apparatus, which is part of the executive bodies state power intended for the implementation of public administration for the purposes of practical implementation laws and the organization of their implementation, and endowed with a certain competence (state power). "

* Gabrichidze B.N., Chernyavsky A.G .: “The executive authority - component mechanism (system) of executive power; acts in the sphere of executive power; acts on behalf of and on behalf of the state ( Russian Federation, republics within the Russian Federation); carries out activities of an executive and administrative nature; has its own competence; has its own structure, applies its inherent forms and methods of activity. "

* A.P. Koreneva: “the executive power body is a holistic, structurally formed independent social formation, which functionally implements the executive and administrative activities in order to solve the problems of society and the state in the socio-political, socio-cultural, economic and intersectoral spheres of state activity. "

* Yu.M. Kozlov distinguished between the concepts of "executive authority" and "government body", considering the second concept to be broader. the executive branch, in his opinion, has a ramified mechanism in which there are various formations:

1) executive authorities;

2) management bodies, acting as links of this mechanism of the second order, other than the bodies of isp. authorities:

a) created by the executive authority, for example,

b) those named in recent normative acts by executive authorities, but in fact, they are not (they perform the functions of an executive authority, some of them structural formations). For example, the State Tax Service has inspections that act more like institutions.

Characteristic features (signs) of an executive authority:

a) common to all state bodies;

b) special features inherent in executive authorities.

General signs: an organizationally separate part (organization, institution, education), a part of the state apparatus, acts on behalf of and on behalf of the state, has state and power powers, the presence of an internal structure, its forms and methods of activity.

Special features:

Institutional or status sign of bodies of an independent branch of state power - executive power,

A functional feature is the content of an activity that forms an organizational (managerial) activity,

The meaning (nature) of the activity is executive and administrative activity,

The objectives of the activity are the implementation (organization of execution) of laws and other regulations.

Executive authorities are formed in the manner prescribed by law by election or appointment, have a sub-legal nature of their activities, have the right of management (state power), have the right to issue sub-legal legal acts including acts normative, and jurisdictional acts, form a hierarchical system of bodies (accountability and control of subordinate bodies to higher bodies in one or another management system), obligatory orders of higher bodies for subordinate bodies, operational independence of bodies within their competence.

1. The presence of state and power powers is the main, essential feature that makes it possible to distinguish state bodies from any other formations. These powers constitute the core (central link) of the competence.

2. Competence is one of the basic concepts in the theory of a state body.

Formula of state-power powers:

Issue acts binding on addressees (by-laws),

Ensure their implementation through the application of various measures,

Monitor the fulfillment of the requirements of these acts,

Protect acts from violation by applying measures of state coercion.

3. Functions - the main areas of activity (large complexes of unidirectional actions) aimed at achieving a certain result.

Positive governance can be exercised without imperious (binding or coercive) influence.

Legal status of bodies (legal status).

* A distinction should be made between general legal status and administrative legal status.

General legal status diagram:

The body of which state is

What type of bodies does it belong to in terms of the main content of its activities,

Who establishes it, forms it, forms the personnel,

To whom the body is subordinate (accountable, controlled), who can cancel, change, suspend its acts,

Who is subordinate to him,

What is the legal force of his acts, their official name,

What state symbols the body can use,

What are the sources of funding

Does the body have the rights of a legal entity.

The administrative and legal status of executive bodies characterizes their position in the executive power system in the implementation of public administration. The status of an executive authority is determined by its specific purpose, place and role in the management system.

* The administrative and legal status is enshrined in the Constitution of the Russian Federation, laws and regulations (as a rule, provisions on bodies).

Bodies have administrative legal personality (legal capacity and capacity are merged in the bodies). Legal personality partly coincides with competence, partly goes beyond its limits, since, firstly, a body in administrative legal relations can act as a subject or as an object of government services).

The legal status of a state body is enshrined in norms the rights of his position in the system of state bodies. Depending on which branch of law is predominantly regulated by the legal status of a given body, they talk about the constitutional and legal status (usually in relation to the legislative bodies) and the administrative and legal status (in relation to the executive authorities).

Speaking about the legal status of a person, two of its components are usually called - rights and obligations. With regard to a government agency, this approach is unacceptable. A state body is a public legal entity, it was created not “for itself”, not for the realization of its private interests, but for the performance of socially significant functions.

Elements the legal status of a state body are:

- the territorial level of action of this body (federal, regional, municipal);

- belonging to a particular branch of government (legislative, executive, judicial or lack of such affiliation);

- organizational and legal form (government, administration, ministry, service, administration, etc.);

- spheres public relations managed by this body(the definition of such spheres is impossible for bodies of general competence that exercise state administration in all spheres of public life);

- the procedure for the formation of the body (appointment or election);

- subordination, accountability, control of the body, the presence of subordinate bodies and organizations;

- the powers of the body;

- types of legal acts issued by this body, their legal force;

- the name of the position of the head, the procedure for his appointment (election);

- the procedure for making decisions in the body (collegial or sole);

- the presence and status of structural, territorial subdivisions in the body;

- sources of funding for the body;

- having the status of a legal entity;

- official symbols of the organ;

- the location of the organ.

Above is the maximum list of elements of the legal status of a state body. Sometimes individual elements may not be. For example, government bodies consisting of one person (president, governor) cannot have an organizational structure. Higher bodies states do not have superiors over them.

Of the entire list of elements of the legal status of a state body, its competence... It is the competence that reveals the content of his activities, and hence the overall social purpose. It is for the sake of exercising a certain competence that state bodies are created. In this sense, other elements of legal status can be considered secondary.

The competence of a state body includes:

1) subjects of reference body - the spheres of public relations, which are managed by this body (for example, economics, finance, security environment, law enforcement). At the same time, the subjects of reference for different bodies may be common.

2) credentials body - the rights and obligations to regulate the subjects of jurisdiction. The powers of each body should be clearly defined and should not overlap or duplicate each other.

The powers of a state body are both rights and obligations, this is the unity of rights and obligations. A state body cannot have its own rights in the same sense as a person. A person may or may not use his rights depending on his personal preferences, desires, moods. State body being public education, not only has the right, but is also obliged to carry out the activities for which he was created. For example, the arrest of wanted persons is a right and, at the same time, an obligation of the internal affairs bodies. In other words, in certain situations, a state body is obliged to exercise the rights granted to it. Taking this into account, it is more correct to speak not about the rights and obligations of the bodies, but about their powers.

Usually, the powers of government bodies are formulated in regulatory legal acts as follows: the state body “implements”, “represents”, “ensures the conduct”, “exercises control and supervision”, “takes measures”, “determines the procedure”, “implements”, “regulates”, “makes proposals”, “coordinates ”,“ Participates in implementation ”,“ creates conditions ”,“ appoints ”,“ forms ”,“ establishes ”,“ organizes the conduct ”, etc. These formulations are quite important, since they determine the way in which the power functions of a state body are realized.