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The system of federal executive bodies. The central federal executive authorities differ depending on the scope and nature of their competence.

System of Federal Executive Bodies (FOIV)- a set of organizational and legal forms of state bodies, interconnected and interdependent, forming an integral unity in the process of implementing executive power throughout the territory of the Russian Federation on the subjects of jurisdiction of the Russian Federation and joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The system of federal executive authorities is based on the principle of federalism and administrative-territorial division, and within the limits of the jurisdiction and powers of the Russian Federation and on the subjects of their joint jurisdiction with the constituent entities of the Russian Federation, it is a unified system of executive power in the Russian Federation.

The executive power, as one of the forms of state power, operatively and on a daily basis implements the largest scope of functions and tasks of state administration in the scope of its competence and within the scope of its powers.

Federal executive authorities(Decree of the President of the Russian Federation of 09.03.2004, No. 314): 1. Ministry of RF is the federal executive authority, carrying out functions for the development of state policy and legal regulation in the established area of ​​activity; independently carries out legal regulation in the established sphere of activity, as well as coordinates and controls the activities of federal services and federal agencies under his subordination, coordinates from 12.05.2008 № 724 the activities of state extra-budgetary funds. In the sphere of its activity, it is not entitled to exercise control, supervision, law enforcement, and property management functions, except for cases established by decrees of the President. The Ministry is headed by a minister who is part of the Government.

2. federal service (FS) is a federal executive authority exercising control and supervision functions in the established area of ​​activity, as well as special functions in the field of defense, state security, protection and protection of the State Border of the Russian Federation, the fight against crime, and public safety. The FS is headed by the head (director), the service may have the status of a collegial body.

Within the scope of its competence, the FS is empowered to: to issue individual legal acts; issue licenses; register acts, documents, rights and objects; maintain registers, registers and cadastres; carry out law enforcement functions.

FS is not entitled to carry out normative and legal regulation, except for the cases established by decrees of the President or decrees of the Government, to manage state property and provide state paid services.

3. federal agency (FA), being the federal executive authority in the field of its activities, it carries out the functions of providing state paid services, with the exception of the functions of control and supervision, and manages state property. FA is headed by the head (director), the agency may have the status of a collegial body.

Within its competence issues individual legal acts; maintains registers, registers and cadastres. Federal agency not entitled to carry out the functions of normative-legal regulation, control and supervision in the sphere of its activity, except for the cases established by the decrees of the President of the Russian Federation.

The government of the Russian Federation is an institution that exercises state administration. He has a certain degree of legal independence. Let us consider further which bodies are included in the system of federal executive bodies of the Russian Federation.

general characteristics

The federal executive body is a special organization. It is established by the state. The main tasks of the executive bodies include the implementation and enforcement of legal and other regulations, public administration functions in all areas of the country's life. These institutions carry out their activities using special methods and forms. All of them have the appropriate structure, authority, competence, and a staff of civil servants.

Signs

The state-legal nature of federal executive bodies is determined by the constitutional division of state power. Their presence in the national sphere is a consequence of the legal consolidation of this differentiation. The executive bodies act as an external form of expression of power. They are formed with the aim of realizing its tasks in practice. This determines public administration in the social and cultural, economic, administrative and political areas of public life. Each organ has its own name. Normative acts determine the procedure for the formation, liquidation and reorganization of each institution.

Work principles

The activities of executive structures are based on the following provisions:

  1. Ensuring the territorial and state integrity of the country.
  2. The spread of the sovereignty of the Russian Federation within its borders.
  3. Rule of the Constitution.
  4. The unity of the system of state power.
  5. Delineation of powers and subjects of jurisdiction between state institutions.
  6. Division of state power into three directions.

Competence

Federal executive bodies are endowed with special powers. They are implemented in special forms. Institutions have specific competencies, enshrined in regulations. It usually includes rights, duties, tasks, responsibilities and authorities. The content of the latter includes:


Classification

The modern system of federal executive bodies includes institutions endowed with legislative initiative. They also have state powers to adopt regulations and control their implementation. By the nature of their competence, institutions of inter-sectoral, general and sectoral orientation are distinguished. The latter supervise the work of the sectors subordinate to them.

For example, the system of federal executive bodies includes the Ministry of Health, the Metallurgy Committee, and so on. Institutions with a cross-sectoral focus exercise special powers. They perform tasks common to spheres of government and industries. They are, for example, the Ministry of Finance, the Ministry of Economic Development and others. Executive bodies can be collegial or one-man. The first should include organizationally formed groups of persons who make decisions by a majority vote. These are, for example, state committees, the government. In the one-man bodies, the approval of decisions is carried out by the head alone.

What is not included in the system of federal executive bodies?

The constitution and other normative documents establish the delineation of legislative, judicial and administrative institutions. Thus, the State Duma, the Federal Assembly, the Armed Forces, the Supreme Arbitration Court and other courts of Russia are not included in the modern system of federal executive bodies. The law allows the implementation of joint activities of regional, local and state institutions of government. At the same time, the regulatory enactments establish a list of issues that may relate to general jurisdiction. The system of federal executive bodies of the Russian Federation is multilevel. The institutes that are included in it can create territorial subdivisions and control their work. In this case, the latter are accountable and are also included in the system of federal executive bodies.

Internal organization

The President, by his Decree of January 10, 1994, determined which structures are included in the system of federal executive bodies. The Institute, in particular, is formed by:

  1. Russian Government.
  2. Ministries.
  3. State committees.
  4. Main Department of State Protection.
  5. Federal services.
  6. Government Information and Communications Agency.
  7. Tax department.
  8. Federal supervision of the Russian Federation.

The Institute is also composed of:


Ministries and departments

The institutions that are part of the system of federal executive bodies have some differences. So, ministries carry out state policy and manage in a specific area of ​​activity. They also coordinate the work of other institutions in the established sector, which are also part of the system of federal executive bodies. The leadership of the ministry is carried out by an official included in the government. Departments are considered to be relatively independent institutions. Their leaders are not included in the government. Departments also do not act as structural subdivisions of ministries. Their work is coordinated directly by the Government of the country.

State Committee and Commission

These institutions are part of the system of federal executive bodies for the implementation of intersectoral coordination on issues that relate exclusively to their jurisdiction. Their work is carried out on a collegial basis. The State Committee and the Commission also carry out functional regulation in a specific area of ​​activity. The heads of these institutions are called chairmen. They are not included in the Government.

Other institutions

Among other bodies, it is worth noting the federal service, the Russian agency and the supervisory authority. These institutions carry out special functions in certain areas of activity. In particular, they implement executive, regulatory, licensing, control and other tasks. The Russian agency is headed by a general director. The supervisory authority is headed by the chief. The federal service is managed by the director.

Government

It is included in the system of federal executive bodies of the Russian Federation in accordance with the Constitution and the Federal Law. Government is a collegial institution. He is the highest authority and heads the executive branch. The government is formed from:

  1. Chairman.
  2. Deputies (including the first).
  3. Federal ministers.

In cases stipulated by law, the chairman temporarily fulfills the duties of the head of state. In his absence, his powers are performed by one of the deputies in accordance with the written assignment.

Prime Minister

The appointment and dismissal of this person from office is carried out by the head of state in the manner prescribed by the Constitution. When the chairman is removed from office, the government automatically resigns. But when an official is relieved of his duties, the head of state has the right to delegate them to one of the deputies. The term of temporary office can be up to 2 months. The appointment and dismissal of deputies and federal ministers is carried out by the President on the proposal of the Prime Minister.

Activity

The Russian government coordinates and manages the work of federal ministries and other state executive bodies, and controls their activities. They, in turn, are subordinate to the higher institution and bear responsibility for the implementation of the assigned tasks. The government approves the regulations on the federal executive bodies. The exception is those whose leadership falls within the competence of the president. The government appoints and dismisses:


The government has the right to resign. It is either rejected or accepted by the president. The head of state may, on his own initiative, decide on the resignation of the supreme executive body, as well as in cases established by the Constitution. The latter, for example, includes the expression of distrust or the refusal of the State Duma to trust the government.

Normative acts

The Russian government has the right to issue orders and decisions. It also ensures their implementation. Orders and decisions are signed by the chairman. These regulations are mandatory throughout the state. All decrees issued by the government must be published in the official state gazette. The exception is those normative acts in which there is information related to the state secret. The publication must be made no later than 15 days from the date of acceptance. If there is a need for immediate promulgation among the population, the decisions must be made public without delay through the media. Government regulations cannot contradict the Constitution. In case of inconsistency of orders and resolutions with the provisions of the Basic Law, Federal Law and presidential decrees, they are canceled by the head of state. The government has the authority to accept applications, appeals and other acts that are not of a legal nature.

Meetings

The government meets at least once a month. The President may be present at the meetings as chairman. In accordance with the prescribed procedure, representatives of:

  1. Chambers of the FS.
  2. KS, VS, YOU.
  3. Prosecutor General's Office.
  4. Accounts Chamber.
  5. Central Bank and other persons.

Federal ministers and vice-presidents attend meetings in person. If they are unable to participate, they are obliged to inform the highest government official about it.

ANSWER: In accordance with article 77 of the Constitution of the Russian Federation, the system of executive power of the Russian Federation is formed by the federal bodies of power and bodies of power of the constituent entities of the Federation (republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts). The political mission of all bodies of this system is to coordinate their activities with other parts of the system, and within the limits of their powers to promote socio-economic transformations, implement effective regional policy, protect human and civil rights and freedoms, and ensure law and order. The legally coordinated functioning of the system of executive power of the Russian Federation is expressed in the fact that the acts of the federal executive bodies are obligatory for the relevant executive bodies of the subjects of the federation, and the acts of the latter are subject to observance by the federal executive bodies. The federal executive bodies, in agreement with the executive bodies of the subjects of the federation, may delegate to them the exercise of some of their powers, if this does not contradict the Constitution and federal laws. In turn, the Spanish authorities of the constituent entities of the federation, by agreement with the federal authorities, can delegate to them the exercise of some of their powers. At the same time, the executive authorities of the subjects of the federation are independent within their competence. In the event of a discrepancy between the federal law and another normative act of the Russian Federation, issued outside the jurisdiction of Russia and its joint jurisdiction with the subjects of the federation, the act of the subject of the federation shall apply. The Government of the Russian Federation (Prime Minister and Federal Ministers) is the body that heads the unified system of power in the Russian Federation. The system is composed of: fed. ministries, fed. service, fed. agencies.

Federal executive bodies of the Russian Federation--Of Russia- bodies of state power (management) performing the executive functions of government in the Russian Federation - Russia.

After the date of appointment or dismissal of the heads of federal executive bodies, there is the number of the corresponding Decree or order of the President of the Russian Federation (marked with an asterisk *), resolution or order of the Government of the Russian Federation.

After the inauguration of the newly elected President of the Russian Federation Vladimir Vladimirovich Putin on May 7, 2000, by the Decree of the President of the Russian Federation of May 7, 2000 No. troops of the Russian Federation, Director of the Federal Security Service of the Russian Federation, Director of the Federal Tax Police Service of the Russian Federation, Head of the Federal Security Service of the Russian Federation, Director of the Federal Border Service of the Russian Federation, Director General of the Federal Agency for Government Communications and Information under the President of the Russian Federation, Head of the Main Directorate of Special programs of the President of the Russian Federation, Chairman of the State Technical Commission under the President of the Russian Federation, Administrator of the President of Russia Ii Federation. The aforementioned persons were instructed to carry out their duties pending the approval of the structure of the federal executive bodies and the implementation of appointments to the relevant positions in the prescribed manner.

Subsequently, when the newly elected President of the Russian Federation took office, the heads of the federal executive bodies subordinate to the President of the Russian Federation were not reappointed (except for the ministers).

  • 1 State courier service of the Russian Federation
  • 2 Foreign Intelligence Service of the Russian Federation
  • 3 Federal Security Service of the Russian Federation
  • 4 Federal Drug Control Service of the Russian Federation
  • 5 Federal Security Service of the Russian Federation
  • 6 Main Directorate of Special Programs of the President of the Russian Federation
  • 7 Office of the President of the Russian Federation
  • 8 Federal Migration Service
  • 9 Federal Service for Military-Technical Cooperation
  • 10 Federal Service for Defense Orders
  • 11 Federal Service for Technical and Export Control
  • 12 Federal Agency for Special Construction
  • 13 Federal Penitentiary Service
  • 14 Federal registration service
  • 15 Federal Bailiff Service
  • 16 Federal Service for Supervision of Consumer Rights Protection and Human Welfare
  • 17 Federal Service for Surveillance in Healthcare and Social Development
  • 18 Federal Service for Labor and Employment
  • 19 Federal Agency for Healthcare and Social Development
  • 20 Federal Agency for Physical Culture, Sports and Tourism
  • 21 Federal Archival Agency
  • 22 Federal Agency for Culture and Cinematography
  • 23 Federal Agency for Press and Mass Communications
  • 24 Federal Service for Intellectual Property, Patents and Trademarks
  • 25 Federal Service for Supervision in Education and Science
  • 26 Federal Agency for Science
  • 27 Federal Agency for Education
  • 28 Federal Service for Supervision in the Sphere of Ecology and Nature Management
  • 29 Federal Agency for Water Resources
  • 30 Federal Forestry Agency
  • 31 Federal Agency for Subsoil Use
  • 32 Federal Service for Atomic Supervision
  • 33 Federal Service for Technical Regulation and Metrology
  • 34 Federal Service for Technological Supervision
  • 35 Federal Atomic Energy Agency
  • 36 Federal Space Agency
  • 37 Federal Agency for Industry
  • 38 Federal Agency for Construction, Housing and Communal Services
  • 39 Federal Energy Agency
  • 40 Federal Service for Veterinary and Phytosanitary Supervision
  • 41 Federal Agency for Fisheries
  • 42 Federal Agency for Agriculture
  • 43 Federal Service for Supervision in the Sphere of Communications
  • 44 Federal Service for Supervision of Transport
  • 45 Federal Air Transport Agency
  • 46 Federal Road Agency
  • 47 Federal Agency for Railway Transport
  • 48 Federal Agency for Maritime and River Transport
  • 49 Federal Communications Agency
  • 50 Federal Tax Service
  • 51 Federal Service for Insurance Supervision
  • 52 Federal Service for Financial and Budgetary Supervision
  • 53 Federal Service for Financial Monitoring
  • 54 Federal Treasury
  • 55 Federal State Statistics Service
  • 56 Federal Customs Service
  • 57 Federal Tariff Service
  • 58 Federal Agency for State Reserves
  • 59 Federal Agency for Real Estate Cadastre
  • 60 Federal Agency for Federal Property Management
  • 61 Federal Antimonopoly Service
  • 62 Federal Service for Financial Markets
  • 63 Federal Service for Supervision of Compliance with Legislation in the Sphere of Mass Communications and Protection of Cultural Heritage
  • 64 Federal Agency for Science and Innovation
  • 65 Federal Service for Supervision of Natural Resources
  • 66 Federal Agency for Technical Regulation and Metrology
  • 67 Federal Agency for Geodesy and Cartography
  • 68 Federal Agency for Information Technologies
  • 69 Federal Service for Hydrometeorology and Environmental Monitoring
  • 70 Federal Service for Environmental, Technological and Nuclear Supervision
  • 71 Federal Medical and Biological Agency
  • 72 Federal Agency for Tourism
  • 73 Federal Agency for Physical Culture and Sports
  • 74 Federal Agency for the Management of Special Economic Zones
  • 75 Federal Air Navigation Service
  • 76 Federal Agency for High-Tech Medical Care
  • 77 Federal Agency for the supply of weapons, military, special equipment and materiel
  • 78 Federal Service for Supervision of Mass Communications, Communications and Protection of Cultural Heritage
  • 79 State Committee for Youth Affairs of the Russian Federation
  • 80 State Committee of the Russian Federation for Fisheries
  • 81 Federal Agency for the Development of the State Border of the Russian Federation
  • 82 Federal Agency for the Commonwealth of Independent States
  • 83 Federal Service for Supervision of Communications and Mass Media
  • 84 Federal Service for Supervision of Compliance with Legislation in the Field of Protection of Cultural Heritage
  • 85 Federal Agency for Youth Affairs
  • 86 Federal Agency for State Property Management
  • 87 Federal Agency for the Commonwealth of Independent States, Compatriots Living Abroad and International Humanitarian Cooperation
  • 88 Federal Service for Supervision of Communications, Information Technology and Mass Media
  • 89 Federal Service for State Registration, Cadastre and Cartography
  • 90 Federal Service for the Regulation of the Alcohol Market
  • 91 Federal Service for Accreditation
  • 92 Federal Agency for Scientific Organizations
  • 93 Federal Service for Intellectual Property

The Russian state has all the features that characterize it as an integral system. It consists of several elements (a certain set of government bodies, other government bodies), which, in turn, are independent systems themselves. In addition, the state apparatus is characterized by unity, internal consistency of structural elements (subdivisions). These properties give it a slender structure, organization and orderliness. If a system in general is a set of elements ordered in a certain way, interconnected and forming a certain integral unity, then the state apparatus is just such a system.

The system of public authorities- this is a set of state power bodies conditioned by the functions of the state and national traditions and their division into separate types.

Principles of the system of public authorities

The system of public authorities in Russia is based on certain principles that express the essence of the state organization, its content. These principles are:

  • the unity of the system;
  • separation of powers;
  • democracy.

These principles are enshrined in the Constitution of the Russian Federation.

Unity the system of public authorities is determined by the state will of the people. The Constitution of the Russian Federation, adopted at a referendum, establishes the system of government bodies and their names (Art. 11). It also determines that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people (Article 3). He exercises his power directly, as well as through state authorities and local self-government bodies. No one can arrogate to himself power in the Russian Federation. Let us emphasize that the state will of the people is primary in relation to the will of all other subjects. It ensures both the unity of the Russian multinational state and the unity of the state authorities.

Separation of powers- the theoretical and legislative basis for the system of public authorities of the state. In the theory of constitutional law, this principle is considered in a broad sense - as the basis of the constitutional system and genuine human freedom, an indicator of the democratic nature of the state. Soviet state law, as you know, denied the principle of separation of powers, viewed it as a manifestation of the theory of bourgeois statehood. The Constitution of the Russian Federation stipulates that state power in the Russian Federation is exercised on the basis of a division into legislative, executive and judicial. The legislative, executive and judicial authorities are independent (Art. 10).

The principle of separation of powers is based on the functions of the state, which, in realizing its social purpose, creates special bodies for this and endows them with the appropriate competence. The separation of powers is also manifested in the prohibition for a body to carry out functions belonging to another body of state power. Mutual control and limitation of power are also needed. If these conditions are met, the system of government bodies will work harmoniously. The separation of powers, however, should not be seen as an end in itself. It is a condition not only for the organization and functioning of government bodies, but also for fruitful cooperation of all branches of government. Refusal from such cooperation will inevitably lead to the collapse of the entire system of state power.

Democratic the essence of the Russian state determines the target program for the activities of the entire system of government bodies. Each organ of the state and their system as a whole are called upon to serve the interests of the individual and society. At the same time, universal human values ​​should take priority over regional, ethnic or group values. The democratism of the system of public authorities of the state is manifested both in the order of their formation and in the principles of their activity. In modern conditions, the most democratic way to create this or that government body is free elections. So,

The President of the Russian Federation, top officials of the constituent entities of the Federation, deputies of all representative (legislative) bodies of state power, representative bodies of local self-government are elected through free elections, which, according to the Constitution of the Russian Federation and current legislation, are held on the basis of universal, equal and direct suffrage by secret ballot.

Democracy of the system of government bodies is also expressed in the reporting of government officials, deputies to voters, the population. Constitutional legislation provides for the legal responsibility of government bodies and officials before the population. Thus, the possibility of recalling deputies and elected officials by voters is enshrined in law.

Types of government bodies

Public authorities are diverse and can be divided into types for a number of reasons.

According to the place in the system of separation of powers one can distinguish legislative, executive, judicial bodies, prosecution bodies, electoral bodies (commissions), as well as bodies of heads of state, subjects of the Federation.

By the place of bodies in the hierarchy of power stand out: the highest (Federal Assembly of the Russian Federation, the President of the Russian Federation, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation); central (ministries, departments); territorial (regional and local federal authorities). The authorities of the subjects of the Federation are also divided into higher, central and territorial bodies.

By the method of forming the composition stand out: elective (State Duma of the Federal Assembly of the Russian Federation, the President of the Russian Federation, legislative (representative) bodies of the constituent entities of the Federation); appointed by election (Accounts Chamber of the Russian Federation, Commissioner for Human Rights); formed on the basis of legislation on public service and labor legislation (ministries, departments); mixed (Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Federation).

On the primary regulatory basis of activity stand out: established by constitutions, charters (the highest bodies of state power); established by law (election commissions); established by acts of the President of the Russian Federation, the Government of the Russian Federation, heads of the subjects of the Federation (ministries, departments).

By personnel stand out: individual (President of the Russian Federation, heads of the subjects of the Federation); collective (government, ministries).

By the way of expression of will exist: one-man (individual, ministries); collegial (representative (legislative) bodies, government, election commissions).

Depending on the form of government stand out: federal government bodies; state authorities of the constituent entities of the Federation. The system of federal bodies of state power of the Russian Federation includes the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, ministries, federal services, and agencies. This system also includes the Central Bank of the Russian Federation with its local branches, the prosecutor's office of the Russian Federation, and judicial bodies (with the exception of the constitutional (charter) courts of the constituent entities of the Federation and justices of the peace). The federal system also includes the administration of the federal districts. But they do not have the status of government bodies, but government bodies.

The system of state power bodies of the constituent entities of the Federation is established by them independently in accordance with the foundations of the constitutional system of the Russian Federation and the general principles of organization of representative (legislative) and executive bodies of state power established by federal law. This system consists of: representative (legislative) bodies; heads (heads of the highest executive bodies of power) of the constituent entities of the Federation; executive authorities (administrations, ministries, committees, departments); constitutional (statutory) courts, justices of the peace.

According to the scope of competence, all bodies are divided into bodies of general competence (representative (legislative) bodies, the head of state, the Government); bodies of special competence (ministries, departments, the Accounts Chamber).

The system of public authorities

Despite the fact that public authorities are very diverse, in their totality they represent unified system, personifying state power. Ensuring the coordinated functioning and interaction of all authorities is entrusted to the President of the Russian Federation (part 2 of article 80 of the Constitution of the Russian Federation).

There are several options for systematizing government bodies.

1. The federal form of the territorial structure of Russia determines the division of the entire totality of its bodies of state power into two systems and the existence of relatively independent federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation.

Federal government bodies exercise powers within the scope of the exclusive jurisdiction of the Russian Federation (Article 71 of the Constitution of the Russian Federation) and subjects of joint jurisdiction of the Russian Federation and its constituent entities (Part I, Article 72 of the Constitution of the Russian Federation). Their activities cover the entire territory of the Russian Federation, and their decisions are binding on all state bodies, local governments, officials, citizens and their associations in Russia. The exercise of the powers of the federal state power throughout the territory of the Russian Federation is ensured by the President of the Russian Federation and the Government of the Russian Federation (part 4 of article 78 of the Constitution of the Russian Federation).

Federal bodies of state power are grouped into a system, which, according to the legal position of the Constitutional Court of the Russian Federation, is a unity of interconnected federal bodies of various branches of state power, which, based on the delimitation of legislative, executive and judicial functions, ensures the balance of these branches, a system of mutual checks and balances (resolution of the Constitutional Court of the Russian Federation dated January 27, 1999 No. 2-P). Federal bodies include the President of the Russian Federation, the Federal Assembly of Russia (the Federation Council and the State Duma), the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and federal courts of general jurisdiction, the Supreme Arbitration Court of the Russian Federation and other arbitration courts, the Central Bank of the Russian Federation, the Accounts Chamber RF, Commissioner for Human Rights in the Russian Federation, Prosecutor's Office of the RF, Constitutional Assembly, CEC RF. The establishment of their system, the order of organization and activity, as well as their formation, are within the jurisdiction of the Russian Federation (clause "g" of Article 71 of the Constitution of the Russian Federation).

It should be noted that steps have been taken in the Russian Federation to regulate the system of federal bodies of legislative, executive and judicial power in a single legislative act. In 1994, a draft federal law “On the concept of a code of laws on federal bodies of state power” was developed. They provided for the adoption of 48 federal constitutional laws and federal laws that consolidate the constitutional powers exercised by the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, all executive bodies of the Russian Federation, and the courts. However, the idea of ​​developing this code did not receive support in the State Duma.

State authorities of the constituent entities of the Russian Federation operate in each of the constituent entities of Russia. Their powers relate to the subjects of jurisdiction of the constituent entities of the Russian Federation and that part of the subjects of joint jurisdiction of the Russian Federation and its constituent entities, which are referred by federal law to the competence of the constituent entity of the Russian Federation. Outside 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, they have full state power (Article 73 of the Constitution of the Russian Federation).

Unlike federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation make decisions that are binding on state bodies, local self-government bodies, officials, citizens and their associations within the framework of the relevant subject.

The law on the general principles of organizing the bodies of power of the constituent entities of the Russian Federation determines that the system of bodies of state power of the constituent entity of the Russian Federation is constituted by the legislative (representative) body, the supreme executive body, and other bodies of 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 (Art.2 of the specified Law). The latter may include constitutional (statutory) courts, justices of the peace, ombudsmen, chambers of control and accounts and other specialized bodies. In addition, in accordance with the Law on Basic Guarantees of Electoral Rights, election commissions of the constituent entities of the Russian Federation are formed and operate (Article 23 of the said Law).

As indicated by the Constitutional Court of the Russian Federation, fixing in the law the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation and specifying them, the federal legislator is limited in his discretion by the constitutional provisions on the organization of power in the Russian Federation as a democratic, federal and legal state; the constituent entities of the Russian Federation, in turn, independently establishing the system of state power bodies, act in accordance with the foundations of the constitutional system of the Russian Federation and the specified general principles; they are not entitled to exercise this authority to the detriment of the unity of the system of state power in the Russian Federation and must exercise it within the legal boundaries that are determined by the Constitution of the Russian Federation and federal laws adopted on its basis (Resolution No. 13-P of December 21, 2005).

2. In democratic states, government bodies are built on the basis of the principle of separation of powers. In accordance with Art. 10 of the Constitution of the Russian Federation, state power in Russia is exercised on the basis of its division into legislative, executive and judicial. Accordingly, at the federal level and at the level of the constituent entities of the Russian Federation, legislative, executive and judicial bodies are distinguished.

The federal legislature is the Federal Assembly - the parliament of the Russian Federation, consisting of two chambers - the Federation Council and the State Duma. Subjects of the Russian Federation form own legislatures, different in name and structure, based on historical, national and other traditions (State Assembly - Kurultai of the Republic of Bashkortostan, People's Khural of the Republic of Buryatia, State Council - Khase of the Republic of Adygea, etc.).

The system of federal executive bodies includes the Government of the Russian Federation and other executive bodies, the composition and structure of which are determined by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation (part 1, p. 112 of the Constitution of the Russian Federation). The latter include federal ministries, federal services, and federal agencies 1. V system of executive bodies of the constituent entities of the Russian Federation includes senior officials of the constituent entities of the Russian Federation (presidents of the republics; governors, heads of administrations of other constituent entities), as well as governments (cabinets of ministers, administrations).

Judicial authorities (courts) merge into the judicial system. According to the Law "On the Judicial System of the Russian Federation", it is composed of federal courts and courts of the constituent entities of the Russian Federation. TO federal courts include the Constitutional Court of the Russian Federation; The Supreme Court of the Russian Federation, the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of an autonomous region and autonomous districts, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction; The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts of cassation), arbitration courts of appeal, arbitration courts of the constituent entities of the Russian Federation, constituting the system of federal arbitration courts. Courts of the constituent entities of the Russian Federation are their constitutional (statutory) courts and justices of the peace (parts 3, 4, article 4 of the said Law).

In the domestic system of state power, there are bodies that do not fit into the framework of the traditional triad of branches of government. MV Baglai calls them "federal government bodies with a special status." In the legal literature, opinions are expressed about the existence of the presidential, prosecutorial, control (supervisory and control) and other branches of government, functioning simultaneously with the legislative, executive and judicial branches.

3. The organizational and legal relationship between government bodies belonging to different state-territorial levels and branches of government is not the same. It can be built on a decentralized or centralized basis. Decentralized system, united not by subordinate ties, but only by the functional relationship of the bodies that make it up, is the system of legislative bodies of Russia and its subjects.

The relationship between the Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the constituent entities of the Russian Federation is constructed in a similar way. They are not superior or inferior authorities to each other and in their totality constitute a decentralized system of constitutional justice.

The Commissioner for Human Rights in the Russian Federation and the Commissioners for Human Rights in the constituent entities of the Russian Federation, the Accounts Chamber of the Russian Federation and the Control and Accounts Chambers of the constituent entities of the Russian Federation do not have a subordinate relationship with each other.

Certain types of public authorities are organized as centralized systems. They are distinguished by links (instances), built on a hierarchical principle. The bodies heading such systems are characterized as superior.

Directly in the Constitution of the Russian Federation, the Supreme Court of the Russian Federation (Article 126) and the Supreme Arbitration Court of the Russian Federation (Article 127) are named as the highest bodies. According to the legal position of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are considered as judicial bodies superior in relation to other judicial instances that carry out legal proceedings, respectively, in civil, criminal, administrative and other cases, as well as for the resolution of economic disputes (definition of 12 March 1998 No. 32-0). In the systems of these judicial bodies, in addition to the first one, there are appellate, cassation and supervisory instances, which, on the grounds specified in the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, can revise the adopted judicial acts in order to correct judicial errors. It should be noted that justices of the peace, who are the authorities of the constituent entities of the Russian Federation, are included in a hierarchically structured system of courts of general jurisdiction and consider civil, administrative and criminal cases at first instance within their competence.

Among the federal executive bodies, the highest echelon is the Government of the Russian Federation. The central link is made up of ministries, services and agencies. The latter, in turn, can create territorial (local) bodies in the constituent entities of the Russian Federation, their administrative-territorial units. As stated by the Constitutional Court of the Russian Federation, based on the specifics of specific management tasks, feasibility and economic efficiency, the territorial scope of activity of these bodies (territory of a constituent entity of the Russian Federation, region) and their names (territorial, regional, interregional, basin, etc.) are independently determined by the Government RF, which does not change their purpose as links (subdivisions in the field) of the corresponding federal executive bodies (definition of January 13, 2000, No. 10-0).

The leadership of individual executive bodies (the Ministry of Internal Affairs of Russia, the Ministry of Foreign Affairs of Russia, the Ministry of Defense of Russia, etc.) is carried out by the President of the Russian Federation, who is the supreme body for them.

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, the federal executive bodies and the executive bodies of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation (part 2 of article 77 of the Constitution of the Russian Federation).

At the head of the unified centralized system of the bodies of the prosecutor's office of the Russian Federation is the General Prosecutor's Office of the Russian Federation, headed by the General Prosecutor of the Russian Federation (Article 11 of the Law "On the Prosecutor's Office of the Russian Federation").

Election commissions of various levels relate to each other as higher and lower bodies. Complaints about decisions and actions (inaction) of election commissions of constituent entities of the Russian Federation and other lower-level commissions may be considered by the CEC of the Russian Federation (Article 21 of the Law on Basic Guarantees of Electoral Rights).

A single centralized system with a vertical management structure is also represented by the Central Bank of the Russian Federation, which includes the central office, regional offices, cash settlement centers and other organizations (Article 83 of the Law "On the Central Bank of the Russian Federation (Bank of Russia)").

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

To the system of federal executive bodies includes:

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

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

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

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

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

1) federal ministries:

  • on the development and implementation of state policy in the established area of ​​activity;
  • on acceptance;

2) federal services:

  • control and supervision;

3) federal agencies:

  • state property management;
  • for the provision of public services.

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

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

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

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

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

Federal ministry

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

federal Service

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

Federal agency

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