The structure of state power in the Russian Federation. What is the structure of state power in the Russian Federation
State power in Russia is exercised on the basis of the division into legislative, executive and judicial (Article 10 of the Constitution of the Russian Federation). Accordingly, state authorities are distinguished - legislative, executive, judicial, which are independent in their daily activities.
Legislatures are representative and legislative institutions formed through elections. Their main task is law-making, but in addition they perform other functions, for example, they control the activities of the executive branch.
Executive authorities are, as a rule, appointed bodies. The main task of the executive authorities is to fulfill the provisions of the Constitution, federal laws, and other normative acts. Executive authorities operate on the basis of a combination of unity of command with collegiality.
The judiciary administers justice. The activities of the courts are aimed at strengthening the rule of law and order, preventing crimes and other offenses, and have the task of protecting against any encroachment on the foundations of the constitutional order, the rights and freedoms of man and citizen, and other democratic institutions enshrined in the Constitution. The courts are independent and subject only to the law. The trial of cases in the courts is open, the proceedings are carried out on the basis of the adversarial nature of the parties, and in cases provided for by federal law, with the participation of jurors.
Each government body performing one of the three functions state power interacts with other government agencies. In this interaction, they restrain each other. This system of relationships is often referred to as a system of checks and balances. It represents the only possible scheme for organizing state power in a democratic state.
The principle of separation of powers applies not only to the organization of state power at the federal level, but also to the system of state authorities of the subjects of the Federation.
The president Russian Federation the head of state, i.e. the official who holds highest place in the government system. The President of the Russian Federation does not belong to any of the three branches of government. Fulfilling the tasks entrusted to him by the Constitution, the President ensures the necessary coordination of the various branches of power, which allows the entire state mechanism to operate smoothly.
The Federal Assembly of the Russian Federation - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation. Thus, it combines the functions of a nationwide representative and legislative body. The Federal Assembly consists of two chambers: the State Duma and the Federation Council. The Federation Council is formed from representatives of the legislative and executive branches of state power of the constituent entities of the Federation, which makes it possible to more accurately take into account the interests of the regions. All citizens of the Russian Federation are represented in the State Duma through deputies, regardless of their place of residence.
The Government of the Russian Federation is the highest body of executive power. This is a collegial body with general competence, which manages the executive and administrative activities in the country. The composition of the Government of the Russian Federation includes the Prime Minister, Deputy Prime Minister, federal ministers. The Prime Minister is appointed by the President of Russia with the consent of the State Duma.
Judicial power in the Russian Federation, in accordance with the constitutional principle of separation of powers, is independent and operates independently of the legislative and executive powers. In Russia, in accordance with the federal constitutional law "On the judicial system of the Russian Federation", there is the following system of courts.
1. The Constitutional Court of the Russian Federation, as well as constitutional (in the republics in
part of the Russian Federation) and statutory (in other constituent entities of the Russian Federation) courts with
establish a branch of the judiciary, which is an organ of constitutional control, independent
effectively and independently exercising judicial power through constitutional judiciary
leadership.
2. Courts of general jurisdiction are the second branch of the judiciary. They carry out criminal, civil, administrative and other types of legal proceedings. They are headed by the Supreme Court of the Russian Federation. Middle-level courts are the courts of the constituent entities of the Federation. District courts within their competence, consider cases as a court of first and second instance and exercise other powers provided for by federal constitutional law. They are directly superior to the magistrates acting in the territory of the respective judicial district.
CONSTITUTION, RUSSIAN LEGISLATION
ON THE STRUCTURE AND PROCEDURE FOR THE FORMATION OF STATE AUTHORITIES
1. The structure of public authorities
Russian Federation
In accordance with paragraph 1 of Article 11 of the Constitution of the Russian Federation, state power in the Russian Federation is exercised by: the President of the Russian Federation, the Federal Assembly (the Federation Council and the State Duma), the Government of the Russian Federation, and the courts of the Russian Federation. The classical principle of the separation of powers at the present stage of Russia's development is carried out with features that consist in the removal of the President from the system of executive power to an independent place in the system of higher bodies of state power.
The bodies of state power of the Russian Federation build their activities on the following constitutional principles:
Formation of state bodies by the people or on their behalf by the relevant authority;
Territorial organization of power structures;
Legality in the activities of public authorities;
The use of national languages in public authorities along with Russian;
Independence of legislative, executive and judicial authorities;
Delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;
The exercise of their powers in the interests of realizing the rights and freedoms of man and citizen.
The Russian Federation carries out its diverse functions through state bodies. A state body (state body) is an integral part of the state apparatus, formed in accordance with the procedure established by law and endowed with state-imperious powers necessary for the implementation of the functions of state power.
State bodies in the Russian Federation constitute a single system of state power. Such unity is determined by the federal structure of Russia, its state integrity (Article 5, paragraph 3 of the Constitution of the Russian Federation) and is derived from the sovereignty of the multinational people of the Russian Federation and its ability to form state bodies (Articles 3, 32 of the Constitution of the Russian Federation).
The structure of the state bodies of the Russian Federation is understood as a set of higher and local bodies of legislative, executive and judicial power, to carry out the functions of a single state power in their organizational and legal forms. Thus, the system of state bodies consists of the following main types of legislative bodies (representative bodies of state power); executive authorities and judicial authorities.
Legislative bodies (representative bodies of state power) consist of the Parliament of the Russian Federation, the parliaments of the republics within Russia, representative (legislative) bodies of state power of other subjects of the Federation and local representative bodies of state power - assemblies of deputies, municipal councils, etc. bodies at the level rural and urban areas.
The system of executive authorities includes: governments, ministries and other executive authorities of the subjects of the Federation, heads of administrations of cities, rural and urban areas. The main task of the executive authorities is the implementation (implementation) of the provisions of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of Russia, as well as decisions of the relevant higher (federal, republican, regional, etc.) executive authorities. Due to the fact that these bodies have not only executive, but also administrative power, they are also called executive-administrative bodies.
The judiciary is intended to administer justice through constitutional civil, administrative and criminal proceedings.
The judicial system of the Russian Federation organizationally consists of several levels. At the federal level, these are the highest courts: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation. In the republics within the Russian Federation there are constitutional, supreme and arbitration courts of the republics. In other subjects - regional, regional, federal cities and autonomous regions and autonomous districts, people's and arbitration courts. At the local level - district and city people's courts.
Get full textIt is necessary to name the main provisions regulating elections in our country.
So paragraph 2 of Article 32 of the Constitution of the Russian Federation enshrines the right of citizens of the Russian Federation "to elect and be elected to state authorities and local governments, as well as to participate in a referendum."
At the same time, the Constitution defines restrictions on participation in elections (in a referendum). So, paragraph 3 of the said article establishes that citizens do not have the right to elect and be elected, recognized by the court incompetent, as well as those held in places of deprivation of liberty by a court verdict.
The constitution defines the bodies of state power formed as a result of elections. The head of state is elected through elections - the President of the Russian Federation (paragraph 1 of Article 81). With regard to the election of the President of Russia, the principles of electoral law are determined. It has been established that he is elected for 4 years by the citizens of Russia on the basis of universal, equal and direct suffrage by secret ballot.
A citizen of Russia at least 35 years of age who has permanently resided in the country for at least 10 years can be elected President of Russia. A citizen of the Russian Federation who, on the day of the official publication (publication) of the decision to call the election of the President of the Russian Federation, holds the office of the President of the Russian Federation for the second consecutive term has no right to be elected President of the Russian Federation.
The Constitution of the Russian Federation (Article 84) refers to the powers of the President of the Russian Federation: calling elections to the State Duma in accordance with the Constitution of the Russian Federation and federal law; appointment of a referendum in accordance with the procedure established by the federal constitutional law.
The Constitution determines that the Federal Assembly - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation (Article 94). The Federal Assembly consists of two chambers - the Federation Council and the State Duma (paragraph 1 of Article 95). The procedure for the formation of the Federation Council is established by federal laws (Item 2 of Article 96). The State Duma is elected for a term of 4 years (paragraph 1 of Article 96). According to paragraph 1 of Article 97, a citizen of Russia who has reached the age of 21 and has the right to participate in elections can be elected to the State Duma.
The Constitution establishes that representative (legislative) bodies of the subjects of the federation, local self-government bodies are also formed through elections. Thus, paragraph 2 of Article 130 reads: "Local self-government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elected and other bodies of local self-government."
From the above provisions of the Constitution of the Russian Federation it follows that the electoral process in our country and the procedure for holding referendums, based on these brief provisions, inevitably required specification in the relevant legislation. Therefore, the entire process of establishing a new electoral system in Russia is inextricably linked with the development and improvement of the legislation on elections (referendum).
Electoral laws establish the procedure for elections, in accordance with which the practice of forming state authorities and local self-government bodies develops.
In Russia, the Constitution of the Russian Federation, constitutions, charters of the subjects of the Federation provide for: election of the President of the Russian Federation; elections of deputies of the State Duma of the Federal Assembly of the Russian Federation; elections to state authorities of the constituent entities of the Russian Federation; elections to other federal state bodies and state bodies of the subjects of the Russian Federation; elections to local self-government bodies held on the basis of laws corresponding to the level of elections.
The procedure for elections to all bodies is determined by the constitutional and legal norms, which together form the electoral law.
Suffrage in different countries does not match. But everywhere it retains its main feature, it provides one of the most important human rights - the right to express one's will or "the right to vote". US President L. Johnson spoke about the right to vote: “The right to vote is the most basic right, without which all fundamental rights are meaningless. It gives people, as individuals, control over their own destinies... Voting is the most powerful tool that mankind has ever invented to break down the injustice and blind walls that fetter people because they are different from other people.
The concepts of "voting rights of citizens" and "suffrage" carry different semantic meanings.
Voting rights of citizens- this is the constitutional right of citizens of the Russian Federation to elect and be elected to state authorities and local governments, as well as the right to participate in the nomination of candidates, lists of candidates, in election campaigning, in monitoring the conduct of elections, the work of election commissions, including the establishment of voting results and determining the results of elections, in other electoral actions in the manner prescribed by the Constitution of the Russian Federation, federal law, constitutions (charters), laws of the subjects of the Russian Federation.
Get full textSuffrage in the broad sense of the word, it is a system of norms regulating the entire electoral process. It has two levels in the Russian Federation, since it is, in accordance with Articles 71 and 72 of the Constitution of the Russian Federation, under the joint jurisdiction of the Russian Federation and the subjects of the Federation.
Active suffrage In Russian federation- this is the right of citizens of the Russian Federation (and only!) to elect to state authorities and local governments.
Voter is a citizen of the Russian Federation with an active right to vote.
The approximate number of voters in Russia is 109 million citizens, which is about 70 percent of the population (According to the protocols of the election commissions of the constituent entities of the Federation, in the presidential elections in the Russian Federation on March 26, 2000, voters were included in the voter lists in Russia).
Passive suffrage- this is the right of citizens of the Russian Federation to be elected to state authorities and local governments.
A necessary prerequisite for the right of a citizen of the Russian Federation to be elected is the possession of an active electoral right. At the same time, more stringent requirements are imposed on the passive suffrage than on the active one. For example, a higher age limit is set for him.
Under age limit It is understood that there are special conditions that restrict the right to vote and the right to participate in a referendum.
In the Russian Federation, citizens who have reached the age of 21 have the right to be elected to the State Duma, those who have reached the age of 35 have the right to be elected President of the Russian Federation, while the right to vote is granted to all citizens from the age of 18.
The realization of the right to be elected requires compliance with a number of procedures established by the electoral law: a certain procedure for nominating a candidate, compliance with the condition of incompatibility, etc.
Such a specific limitation of passive suffrage as incompatibility, means the incompatibility of holding certain positions and the exercise of certain parliamentary powers. Thus, the Constitution of the Russian Federation (Article 97) establishes a provision according to which deputies of the State Duma cannot be in the public service, engage in other paid activities, except for teaching, scientific and other creative activities. In addition, a deputy of one representative body of power cannot be a deputy of other bodies of state power and bodies of local self-government. In accordance with the Basic Law, the same person cannot simultaneously be a member of the Federation Council and a deputy of the State Duma.
In addition, passive suffrage is also limited by a number of other federal laws and laws of the constituent entities of the Russian Federation. Thus, judges, prosecutors, officials of executive authorities cannot be deputies of legislative bodies.
Military personnel, employees of internal affairs bodies and tax police, employees of the prosecutor's office may be elected deputies of the State Duma, heads of administrations of constituent entities of the Federation, deputies of legislative bodies of constituent entities of the Federation, officials of local self-government, but their service is suspended from the day of their election for a term of office. This rule was established by the Decree of the President of the Russian Federation dated 01.01.01.
The suffrage has its own legislative base, which is made up of regulations containing electoral legal norms. Such acts in the Russian Federation include:
- The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993), the constitutions of the republics within the Russian Federation, the charters of territories, regions, cities of federal significance, autonomous regions, autonomous regions;
– Federal Law “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” (01.01.01);
– Federal Laws: “On Elections of the President of the Russian Federation” (01.01.01); "On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation" (01.01.01); “On Ensuring the Constitutional Rights of Citizens of the Russian Federation to Elect and Be Elected to Local Self-Government Bodies” (dated 01.01.01 with amendments and additions as of 01.01.01); other federal laws, as well as laws of the constituent entities of the Federation, which regulate in detail the organization and procedure for elections to various bodies of state power and local self-government;
- Decrees and orders of the President of the Russian Federation, acts of the heads of administration and other heads of executive bodies of the subjects of the Russian Federation on the organization and conduct of elections.
The main task of the electoral system and electoral law of the Russian Federation is to ensure the basic guarantees of the electoral rights of citizens of Russia, guaranteeing the free expression of the will of citizens in elections.
Get full textUnder guarantees of voting rights and the right to participate in a referendum refers to the legal, organizational, informational and other provision of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.
An important element of the electoral system are the principles of electoral law.
Under suffrage principles the fundamental principles of organizing and holding elections enshrined in legal norms are understood. Their observance makes elections a truly popular will. Violation, on the contrary, undermines the legitimacy of the elections, and, consequently, of the elected bodies.
The principles of conducting elections in the Russian Federation meet global democratic standards.
The principles of holding elections are formulated in the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation". Thus, paragraph 1 of Article 3 of the Federal Law reads: "A citizen of the Russian Federation participates in elections on the basis of universal, equal and direct suffrage by secret ballot." It is especially emphasized (paragraph 3 of the named article) that: “Participation of a citizen of the Russian Federation in elections and a referendum is free and voluntary. No one has the right to influence a citizen of the Russian Federation in order to force him to participate or not to participate in elections and a referendum, or to prevent his free expression of will.
Elections are universal, that is, they involve the entire adult population of the country, male and female (or region).
The law stipulates that a citizen of Russia residing outside its territory has full voting rights in elections to federal government bodies, and also has the full right to participate in a referendum of the Russian Federation. Diplomatic missions, consular offices of the Russian Federation are obliged to assist a citizen of the Russian Federation in exercising his electoral rights established by law during elections to federal government bodies and the right to participate in a referendum of the Russian Federation (paragraph 4 of Article 3).
Elections and referendums are held on the basis of equal suffrage - each voter has equal number votes (one or two in a mixed electoral system) - and provided that the constituencies must be equal in population. All voters participate in elections on an equal footing.
A citizen of the Russian Federation has the right to elect, be elected, participate in a referendum, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances. Russian electoral law does not establish any electoral qualifications, except for the age and residency qualifications with passive suffrage (with the exception of citizens recognized by a court as incompetent or held in places of deprivation of liberty by a court verdict).
Elections are direct , that is, the voter votes directly for a candidate or list of candidates (rather than for electors or an electoral college) or against a candidate (list of candidates), for or against the issue put up for referendum directly. No one, even the closest relative, has the right to participate in elections instead of a particular voter.
In order to exclude the possibility of any control over the will of a citizen, voting in elections provided for by the Constitution is, as a rule, secret. This is ensured, first of all, by various technical methods that reduce the likelihood of external influence on voters and exclude control over the expression of will.
Thus, the ballot papers are not numbered and do not contain any markings that would allow the identification of the voter. The polling station shall be equipped with booths for secret voting or suitable rooms. No one is allowed in these booths (rooms), including members of the election commission or an observer. The ballot is dropped into the ballot box personally by the voter.
The principle of publicity is expressed as follows. Firstly, all events related to elections are organized and conducted openly and publicly.
Secondly, the election commissions themselves work openly: representatives of labor collectives, public organizations, educational institutions, candidates for deputies and their proxies, representatives of the mass media have the right to attend meetings of the election commission. Including when registering candidates for deputies, planning or sealing ballot boxes before the start of voting, counting votes, determining election results, etc.
Thirdly, the duty of election commissions is to inform citizens about their work, ongoing events for elections, the results of registration of candidates for deputies, biographical data of deputies; voting results and election results.
Get full textFourth, funds mass media cover the preparation and conduct of elections, receiving materials from election commissions, state and public organizations, etc.
Thus, public control over the legality of elections is carried out at all stages of the electoral process.
Also important is adversarial principle .
The Federal Law of January 1, 2001 “On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation” establishes (paragraph 16 of Article 47) that “if no candidate is registered in a single-mandate constituency 35 days before voting day, or only one candidate, as well as if less than three federal lists of candidates are registered in the federal electoral district, the elections, by decision of the district election commission, the Central Election Commission of the Russian Federation, respectively, are postponed for a period of not more than two months for additional nomination of candidates, federal lists of candidates and the implementation of subsequent election action."
Elections of bodies or deputies (federal bodies of state power, bodies of state power of subjects of the Federation, bodies of local self-government) are mandatory and are held within the time limits established by the Constitution of the Russian Federation, federal constitutional laws, federal laws, constitutions, charters, laws of subjects of the Russian Federation, charters of municipal formations.
In order to combine voting day at elections to state authorities of a constituent entity of the Russian Federation with voting day at elections to federal bodies of state power or at other elections held on the territory of the Russian Federation as a whole, it is allowed to extend or reduce by no more than one year the terms of office of bodies state power of a constituent entity of the Russian Federation (paragraph 1 of Article 82 of the Federal Law "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation").
The preparation and conduct of elections and referendums is carried out on the basis of the norms of electoral law and is regulated hutiterative process, which is the activity of citizens, bodies, organizations and groups regulated by law and other social norms in the preparation and conduct of elections to state and self-government bodies. It consists of certain, arranged in the established sequence of the following steps:
1. Establishment of electoral districts and polling stations (referendum stations). The scheme of electoral districts is approved by the relevant legislative (representative) body of state power, the representative body of local self-government no later than 20 days before the expiration of the period in which elections are to be called (paragraph 2 of Article 18 of the Federal Law of 01.01.01).
Electoral precincts, referendum precincts shall be formed for conducting voting and counting the votes of voters, referendum participants. They are formed not later than 45 days before voting day by the head of the municipality in agreement with the relevant election commissions at the rate of no more than three thousand voters, referendum participants in each precinct.
2. Formation of election commissions (referendum commissions) carried out in accordance with applicable law. The following commissions and referendum commissions operate in the Russian Federation: the Central Election Commission of the Russian Federation; election commissions of subjects of the Russian Federation; election commissions municipalities; district election commissions; territorial (district, city, etc.) commissions; district commissions.
The activities of the commissions are carried out publicly and openly.
3. Compilation of lists of voters (referendum participants). All citizens over the age of 18 are included in the voter lists. These lists are compiled by the precinct election commission on the basis of information received from the housing authorities. A citizen may be included in the list of voters, referendum participants only in one electoral precinct, referendum precinct. No later than 20 days before voting day, the precinct commission shall submit the list of voters, referendum participants for general familiarization and its additional clarification. Every citizen has the right to declare to the election commission about his non-inclusion in the lists of voters, referendum participants, about any error or inaccuracy in the information about him, included in the list of voters, referendum participants. Within 24 hours, and on voting day within two hours from the moment of application, but no later than the end of voting, the precinct commission is obliged to check the application, as well as the submitted documents and either eliminate the error or inaccuracy, or give the applicant a written response indicating the reasons for rejecting the application (Items 15, 16, Article 17 of the Federal Law of 01.01.01).
Get full text4. Nomination, registration of deputies. Candidates can be directly nominated by self-nomination, nomination by an electoral association, electoral bloc. Registration of a candidate is carried out by the relevant election commission if the candidate has a completed application of his consent to run in this constituency, provides them with the necessary information about property, the amount and sources of income, and also if there is the required number of voters' signatures collected in support of the candidate, or the electoral pledge, or decision of a political party, electoral bloc (Item 1, Article 38 of the Federal Law of 01.01.01 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation").
5. Election campaign. This is the activity of citizens, public associations in the preparation and dissemination of information aimed at inducing voters to take part in voting "for" (or "against") certain candidates (list of candidates). The campaigning period begins from the date of nomination of a candidate, list of candidates, registration of an initiative group for holding a referendum and creation of an appropriate electoral fund, referendum fund. The campaign period ends at zero o'clock local time one day before voting day. Election campaigning, campaigning on referendum issues on the channels of TV and radio broadcasting organizations and in periodicals begins 30 days before voting day.
6. Voting. This is the main stage of the electoral process, as a result of which some candidates receive the right to an electoral mandate or to participate in the second round. Voting takes place on a weekend. Voting may not be less than ten hours. Territorial and precinct commissions are obliged to notify voters, referendum participants of the time and place of voting no later than 20 days before voting day through the mass media or in any other way, and in the case of early and repeat voting - in the manner and within the time limits provided for by law, but no later than five days prior to voting day.
7. Counting of votes and establishment of election results. The counting of votes of voters, referendum participants begins immediately after the end of the voting time and is carried out without interruption until the voting results are established, about which all members of the precinct commission, as well as observers, must be notified. After carrying out all the necessary actions and calculations, the precinct commission is obliged to hold a final meeting, at which the protocol of the precinct commission on the voting results is signed. Based on the data of the first copies of the protocols of voting results received from the lower commissions, after a preliminary check of the correctness of their compilation, the higher commission, by summing up the data contained in them, establishes the results of elections, a referendum in the corresponding territory, district, subject of the Russian Federation, in the Russian Federation.
It must be emphasized that, in accordance with the Constitution of the Russian Federation and relevant legislation, military personnel have equal voting rights with other citizens. The features of the participation of military personnel in elections (referendum) fixed in the legislation are due to the specific nature of military service, but at the same time (as we will see in the course of further presentation), they do not infringe on their voting rights.
A military man has always been and is distinguished by a special responsibility for his Fatherland, for the future of the state. The active, balanced and extremely responsible attitude of servicemen to participation in elections has already become traditional.
In conclusion, it should be noted that the successful development of a modern state, including Russia, largely depends on the quality of election campaigns, elections and referendums, which are an effective tool for the legal renewal of state power and local self-government, adjusting the political and socio-economic course of the country's development.
The relevance of the research topic is due to the fact that at present the efficiency of the state power is of great importance. Of great importance is the idea of strengthening the mechanism of state power, which builds the executive vertical of relations between the federal center and the subjects of the Russian Federation.
No state can function successfully without a stable power vertical. The relationship between the center and the authorities of the regions, based on the principles of subordination, is an integral feature of the state.
The apparatus of state power continues and completes the organization of the mechanism of the state, making it ready and suitable for the practical implementation of the tasks and functions of the state. In each link of the state mechanism, the apparatus of state power brings life, a set of measures, means, forms and methods for real, practical activity. In the formation of statehood of any kind, the apparatus of state power acts as the first organizational means for the state to fulfill its goals.
The development of institutions of state power, and the very fact of maintaining the controllability of social processes, is due to the demand for state institutions by society, the fact that these institutions meet the expectations of society. And in modern Russia, the issues of distribution of powers between the President of the Russian Federation and the system of presidential power, the Government of the Russian Federation and the system of executive power, the chambers of the Federal Assembly, control and judicial bodies are the central issue of discussions on improving the system of state power. However, the scattered and opportunistic nature of many proposals in this area does not make it possible to unite the "incompatible" within the framework of a single concept. At the same time, the key to modernizing the system of state power in Russia in order to strengthen Russian statehood is to achieve a new quality of state institutions.
Currently, this topic is widely discussed in scientific circles, on the pages of monographs, textbooks, a lot of laws and by-laws are being published. This is due to new approaches to the understanding and place of public authorities in the modern Russian state, as well as to the reforms being carried out in this direction.
object term paper the apparatus of state power acts, ensuring the implementation of its constitutional powers and contributing to an increase in the efficiency of the activities of state authorities and administration.
The subject of the study is the activity of the apparatus of state power.
The purpose of the work is to study the activities of the apparatus of state power.
Achieving this goal led to the solution of a number of research tasks:
To study the theoretical and methodological aspects of the formation and functioning of the apparatus of state power and administration;
Consider the structure of public authorities;
Consider problems and outline ways to improve the apparatus of state power.
The theoretical and methodological basis of the study is the provisions and conclusions of leading scientists on the problems of the functioning of the apparatus of state power.
The problems of state authorities at the federal and regional levels are reflected in the works of S.A. Avakyan, A.P. Alekhina, I.S. Iksanova, M.A. Sahle, K.V. Cherkasov.
To comprehend the theoretical and methodological aspects, political and legal foundations and the leading directions of political activity of the plenipotentiaries of the President of the Russian Federation in the federal districts, various methods of knowledge were used: systemic, historical, comparative political science, institutional, structural and functional.
The logic of the study is reflected in the structure of the work, which consists of an introduction, the main part, a conclusion, a list of references and references.
1. Theoretical foundations of the apparatus of public authorities
1.1 The essence and principles of the apparatus of public authorities
The question of the structure of state power is the question of its internal structure, of the elements of which it consists. It seems that the structure of state power must be considered from different positions, from different points of view. This will allow you to get a deeper understanding of the state power itself and the elements that make it up.
The structure of state power can be characterized in terms of its external design, external organization. State power as the ability or ability of the state to carry out political leadership of society is always organizationally formalized and somehow expressed outside. In this regard, the question arises about the mechanism of state power, since state power finds its organizational expression precisely in a certain mechanism.
The structure of the state apparatus is understood as its internal structure, the order of arrangement of the constituent links of the apparatus, their correlation. The structure always indicates what the state apparatus is made up of, what is its subordination constituent parts what are the principles of its organization and functioning.
The state apparatus is most often defined as a set or system of state bodies through which the tasks and functions of the state are carried out. In other words, the state apparatus is all state bodies taken in unity, which, performing their own functions, ensure the fulfillment of the functions of the state as a whole.
Sometimes the state apparatus is considered in a narrow sense, meaning only the executive authorities and civil servants working in these bodies. In this case, the legislative and judicial authorities are not covered by the concept of "state apparatus". .
Khropanyuk gives the following definition: The state apparatus is a system of special bodies and institutions through which the state administration of society and the protection of its main interests are carried out. The most common characteristic features of the state apparatus are expressed as follows:
The mechanism of the state consists of people who are specially involved in management (lawmaking, enforcement of laws, their protection from violations).
The state mechanism is a complex system of bodies and institutions that are closely interconnected in the implementation of their direct power functions.
The functions of all links of the state apparatus are provided with organizational and financial means, and, in necessary cases, with coercive influence.
There is a scientific position, according to which the apparatus of the state refers to all the organs of the state in statics, and the mechanism of the state - the same organs, but in dynamics. Studying the apparatus of the state, they speak primarily about the appointment, formation procedure, competence of a state body, and studying the mechanism of the state - directly about the activities of state bodies, about their relationship with each other in the process of implementing certain functions of the state (V.V. Lazarev , S.V. Lipen) .
The state apparatus is not synonymous with the mechanism of the state, since the mechanism of the state, in addition to state bodies (the state apparatus), also includes the state. institutions and government enterprises.
The principles of organization and activity of the state apparatus should be understood as the most important, key ideas and provisions underlying its construction and functioning. They reveal the social class essence, social content and purpose, the main goals and objectives of the state apparatus. The principles of organization and activity of the state apparatus were developed, substantiated and put into practice in the course of all the centuries-old activity of the state mechanism. Some of them, relating mainly to the activities of the state apparatuses of many countries, took root and developed. Others, most often related to the process of organization and activities of the state apparatuses of individual countries, fell away as changes took place.
Basic principles of organization and activity of the state apparatus:
1. Representing the interests of citizens in all levels of the state apparatus.
2. Separation of powers.
3. Publicity and openness in the activities of the state apparatus.
4. High professionalism and competence.
5. Legality.
6. Democracy.
7. Constitutionality.
8. Subordination and clear interaction between the center and state power of the members of the federation (in federal states).
You can also name a number of other principles: the principle of the priority of human rights; the principle of compliance with high ethical requirements by members of parliaments and officials, their complete political loyalty; the principle of publicity, which ensures the information of the population about the ongoing state-legal processes.
These and other similar principles find their legislative consolidation in constitutional acts and in special laws.
1.2 Structure of public authorities
According to Art. 10 of the Constitution of the Russian Federation State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. Legislative, executive and judicial authorities are independent.
The system of state bodies of the constituent entity of the Russian Federation operates within the framework of the republican form of government based on the division into legislative, executive and judicial.
According to Art. 11 of the Constitution of the Russian Federation, state power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (the State Duma and the Federation Council), the Government of the Russian Federation and the courts of the Russian Federation. These bodies of state power cannot be liquidated or transformed without changing the very Constitution of the Russian Federation. At the same time, the Constitution establishes that the formation of these bodies must be carried out in accordance with specially adopted laws, since it is impossible to provide for all the details and features of the formation and functioning of state authorities in the Constitution. Through the relevant constitutions, charters and laws, state authorities of the constituent entities of the Russian Federation are formed.
According to Art. 11 of the Constitution of the Russian Federation, state power in the Russian Federation is exercised by the President of the Russian Federation. Article 80 determines that the President of the Russian Federation is the head of state.
The previous Constitution established that the President is the highest official and head of executive power in the Russian Federation.
Giving the President the status of head of state is due to objective reasons. First of all, this was required by an increase in the level of personalized representation of the state both within the country and in international relations. It is most advisable that the functions arising from this be performed by the head of state, and not by the highest official included in the system of executive power, which would be less consistent with the high status of the state and, in essence, would detract from the prerogatives of the representative body of state power of the Russian Federation, would put executive power over the legislature.
The recognition of the President as the head of state is traditional in the constitutions of many countries of the world. This was how the status of the President of the former USSR was determined, and at present this kind of characterization of presidents is contained in the constitutions of most countries.
A fundamentally new definition of the status of the President of the Russian Federation, contained in the Constitution, means that the President occupies a special place in the system of state authorities, is not directly included in any of its branches.
However, this provision does not give any reason to interpret presidential power as standing above other powers that depend on it. Each of them exercises its constitutionally assigned powers, functions in cooperation with other authorities, is provided with certain levers of influence on other authorities and on the President. The Constitution contains the necessary system of "checks and balances", which contributes to a balanced interaction of the authorities. There is no relationship of subordination between them. The President does not exercise his powers on the basis of his unbound will. They are implemented within the framework of the Constitution of the Russian Federation, in accordance with it and federal laws, in cooperation with the Parliament and the Government of the Russian Federation.
The Constitution of the Russian Federation contains a system of guarantees that prevent the transformation of the President of the Russian Federation into an authoritarian ruler. They consist in the limitation of the period of office of the President of the Russian Federation to a rather short four-year term, in the order of his popular direct elections, in their alternative nature, in the inadmissibility of holding the post of President for more than two consecutive terms, in the possibility of removing him from office, in recognizing normative acts as inconsistent with the Constitution. President on the basis of the decision of the Constitutional Court, etc.
Fixing the status of the President of the Russian Federation as the head of state, the Constitution in Art. 80 provides in a generalized form related functions. They concern the foundations of the life of the state and society.
The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. This means that the President is personally responsible for ensuring that the mechanisms for protecting the Constitution and the rights of man and citizen work smoothly, so that there are no failures for one reason or another in their implementation of the constitutional law of Russia.
In accordance with the procedure established by the Constitution, the President takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of state authorities of the Russian Federation.
In exercising these functions, the President may use only the constitutional powers assigned to him and act only within the framework of the Constitution.
This also applies to such a function of the President as determining the main directions of the domestic and foreign policy of the state. It is formed in accordance with the Constitution and federal laws, and cannot contradict them. It is also important that in the elections each of the presidential candidates puts forward a certain program that outlines the strategic directions for the development of the state and society, and the election of a candidate means the approval of the guidelines contained in it by the majority of voters.
The annual messages of the President to the Federal Assembly, which formulate the main directions of the domestic and foreign policy of the Russian Federation, make them the property of the people, deputies, parties, and the public. This allows, if necessary, to adjust the policy of the President using the full potential of constitutional forms that ensure the mutual influence of some state structures on others, the influence of social and social movements on them.
As head of state, the President represents Russia within the country and in international relations.
An important aspect in characterizing the status of the President is the very place in the Constitution of the chapter on the President. It opens the list of chapters devoted to the state authorities of the Russian Federation. In the former Constitution, the chapter on the President followed the chapter on the highest representative bodies. This was natural, because it defined the President as the head of the executive branch.
The place occupied by the chapter on the President in the current Constitution is legal evidence that directly confirms that the President is not included directly in any of the three branches of power: neither the legislative, nor the executive, nor the judiciary. This is a prerequisite for the fulfillment of the task assigned to the President to ensure the coordinated functioning and interaction of the state authorities of Russia.
The President of the Russian Federation has immunity (Article 91 of the Constitution). The content of the immunity of the President is not disclosed in the Constitution, in contrast to the immunity of deputies.
Such a formula testifies to the high degree of protection of the President, who received his powers from the people on the basis of free elections.
As noted by the Constitutional Court in its Judgment of July 11, 2000 on the case on the interpretation of Articles 91 and 92 (part 2) of the Constitution in their interrelation, the President is a permanent body of state power and exercises his powers as the sole head of state and no one can to appropriate his authority Decision of the Constitutional Court of the Russian Federation of July 11, 2000 No. 12-P “On the case of the interpretation of the provisions of Articles 91 and 92 (Part 2) of the Constitution of the Russian Federation on the early termination of the powers of the President of the Russian Federation in the event of a persistent inability for health reasons to exercise his Powers” // “Collection of Legislation of the Russian Federation”, 17.07.2000, No. 29, art. 3118..
The inviolability of the President, as well as other legal means, ensure the free and responsible exercise by the President of his constitutional powers and the continuity of the functioning of the institution of the head of state.
However, the immunity of the President cannot be interpreted as absolute.
The Constitution provides for the possibility of removing the President from office.
The Constitutional Court indicated in the said Resolution that the early termination of the powers of the President, in the event of a persistent inability for health reasons to exercise his powers, may occur contrary to the consent of the President.
In the federal districts, the power of the President of the Russian Federation is represented by the institution of plenipotentiaries.
In accordance with Decree of the President of the Russian Federation of May 13, 2000 N 849 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District". in order to ensure the exercise by the President of Russia of his constitutional powers, increase the efficiency of the activities of federal government bodies and improve the system of control over the execution of their decisions, the institute of plenipotentiaries of the President of the Russian Federation in the regions of the Russian Federation was transformed into the institute of plenipotentiaries of the President of the Russian Federation in federal districts and seven federal districts: Central, Northwestern, Southern, Volga, Ural, Siberian, Far Eastern.
On January 19, 2010, by decree of President D. Medvedev, the system of federal districts was changed, and the North Caucasian Federal District was separated from the Southern Federal District.
Plenipotentiary representatives of the President of the Russian Federation in the federal districts, together with the apparatus of plenipotentiaries and in the aggregate, form unified territorial state bodies of the vertical of presidential power. Acting as structural elements of a kind of state formation - the presidency, the apparatus of plenipotentiaries ultimately contribute to the implementation of the constitutional powers of the President of the Russian Federation at the interterritorial and regional levels. There are sufficient grounds to believe that, by their legal nature, plenipotentiaries, together with the apparatus of plenipotentiaries, are working, auxiliary apparatuses of the head of state in places of general competence.
In accordance with Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies", the system of federal executive bodies includes federal ministries, federal services and federal agencies. Professional service activities of citizens of the Russian Federation to ensure the execution of the powers of these federal state bodies, refers to the civil service of the Russian Federation.
It is characteristic for a state authority that it is created to carry out the tasks of state power, to carry out the activities of the Russian state.
So from the definition of the Federal Assembly as a parliament, it follows that this body should act as a collective spokesman for the interests and will of the Russian people, which is the bearer of sovereignty and the only source of power in the country. Based on the principle of separation of powers, the Russian parliament represents the legislative branch of state power in Russia. The main function is legislative activity.
The Federal Assembly consists of two chambers - the Federation Council and the State Duma. Deputies of the State Duma are elected by the population, and members of the Federation Council (in accordance with the new law on the formation of the Federation Council) are representatives of the legislative and executive bodies of the regions (or their current heads before the expiration of their powers).
It should be noted that initially the status of the Federation Council was defined in such a way that, by the way it was formed, it violated the principle of separation of powers and the requirements for the professionalism of parliamentary activity. It also included the heads of the executive authorities of the subjects of the federation, for whom, as a rule, it is simply impossible to work on a permanent basis in the Federation Council.
The jurisdiction of the Federation Council includes: 1) approval of changes in the borders between the constituent entities of the Russian Federation; 2) approval of the Decree of the President on the introduction of martial law and a state of emergency; 3) resolving the issue of the possibility of using the Armed Forces; 4) appointment of presidential elections; 5) removal of the President from office; 6) appointment of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court; 7) appointment and dismissal of the Prosecutor General.
Among the powers of the State Duma, enshrined in the Constitution, one can distinguish: 1) giving consent to the President for the appointment of the Chairman of the Government; 2) resolving the issue of confidence in the Government; 3) appointment and dismissal of the Chairman of the Central Bank; 4) announcement of amnesty; 5) bringing charges against the President to remove him from office.
The Constitution enshrines the right of both houses to control the activities of the government. For this purpose, the Accounts Chamber of the Federal Assembly was created. The State Duma hears the government's report on the execution of the federal budget and ministers' reports on topical issues.
In the modern economic life of Russia, in its development, the subjects of the Federation play an increasingly important role. Each region in accordance with Part 1 of Art. 65 of the Constitution of the Russian Federation is part of the Russian Federation as a subject of the Russian Federation. The entry of the region into the Russian Federation on the rights of its subject is also fixed in the Charter (Basic Law) of the region.
The creation of a system of state authorities of the subjects of the Federation is provided for by a number of articles of the Russian Constitution (Articles 5, 11, 72, 77, 78), federal laws, constitutions and charters of the subjects and other regional laws. In some regions of Russia, special laws are adopted on the system of state authorities of the relevant subjects.
Content of Art. 2 of the Law on general principles organizations of legislative and executive bodies of state power of the constituent entities of the Russian Federation demonstrates one of the legislator's many approaches to the interpretation of the category "system of state authorities" (in this case, in a "horizontal" respect, from the standpoint of the principle of separation of powers in the constituent entities of the Federation). At the same time, the constitutional principle of separation of powers is presented here in a truncated form. This article of the Law does not directly indicate one of the three branches of state power - the judiciary.
According to the legal positions of the Constitutional Court of the Russian Federation, the system of public authorities of the constituent entities of the Federation may include both the highest regional authorities (legislative and executive) and the relevant territorial authorities, including the authorities of administrative-territorial units provided for by the administrative-territorial structure of the subject. At the same time, local government bodies cannot be formed at the level of municipalities, where public power is exercised through local self-government.
Legislative power is represented in the subjects of the Russian Federation by the Legislative Assembly of the region, which has the right to legislate on all issues related to the competence of the subject of the Russian Federation and requiring legislative regulation. Executive power - by the Head of the regional administration, the highest official of the executive power; Deputy Governors of the region structural divisions: departments, committees, departments. Executive authorities are endowed with general competence, that is, they have the right to resolve any issues in the field of executive and administrative activities within the powers of the region. Judicial power in the region is represented by federal courts and the Charter Court of the region.
Chapter 2. Problems and ways of improving the apparatus of state power of the Russian Federation
2.1 Problems of the apparatus of state power
It should be recognized that, despite the short historical experience of presidential practice in Russia, the effectiveness of the functioning of the President of the Russian Federation as an institution of the head of the Russian state is largely determined by the abilities, desires, and even physical capabilities of a particular statesman.
As for other institutions of presidential power, institutions of parliament, institutions of executive and judicial power, the process of legal consolidation of their state power practice is still ahead.
To govern the country, especially in difficult periods, during radical transformations, in general, for the normal course of state affairs, it is required that the legislative and executive authorities have common goals, a common strategic course, close coordination of their work, even the unification of their efforts. At least two or three options for the development of state institutions are required, with a mandatory scientific political and legal assessment of the consequences of each. The conclusion about strictly consecutive stages of continuation of the constitutional and administrative reform becomes more and more obvious.
When defining the goals of the reforms, it is necessary to decide whether it is possible to carry out a redistribution of powers without affecting the text of the Constitution, i.e. make a smooth transition to a new state of institutions of state power either on the basis of the development of the necessary laws and the signing of political agreements between the main subjects of state power, or on the basis of a serious improvement of the Basic Law itself, federal legislation and the legislation of the subjects of the Federation.
The Constitution of the Russian Federation in terms of regulating managerial relations has a significant potential for detailing. From this thesis the presumption of "inviolability" of the Constitution of the Russian Federation for the nearest historical perspective is derived. This is possible, but it keeps unresolved those inaccuracies in the regulation of the system of executive power in Russia that have become almost universally recognized. Such immunity presupposes the development of a common understanding of the managerial model.
The main problem is that such new, modern and, possibly, promising areas of scientific research of the institute have not yet received their development. public service, how:
Criteria, indicators and methods for assessing the effectiveness of the public service;
New methods of public service management;
Optimization of the number of civil service;
Directions for increasing public confidence in the institution of public service.
2.2 Ways to improve the apparatus of state power in Russia
A significant part of this work should be carried out, first of all, by adopting federal laws arising from the Constitution, and primarily federal constitutional laws, as well as by introducing amendments and additions to the Federal constitutional laws on the Government of the Russian Federation and the Constitutional Court of the Russian Federation. For the formation of state authorities, a law on federal executive bodies is needed.
For the development of the system of public authorities, the law on supreme body legislative power - the Federal Assembly of the Russian Federation. Initiative bills developed at different times by deputies of the State Duma, scientific organizations, did not give a final result. The act is currently missing. However, there are certain shifts. The Chairman of the Federation Council of the Federal Assembly of the Russian Federation created a working group to develop a draft Federal Law on the Federal Assembly - the Parliament of the Russian Federation. As a result, an appropriate draft law was developed, the main idea of which is to detail and develop the provisions of the Constitution of the Russian Federation on Parliament, to ensure the necessary volume legal regulation parliamentary activities. One of the objectives of this bill is to give the necessary impetus to parliamentary procedures, which today are concentrated in the regulations of the chambers. The problem is that participants in the legislative process, who are not members of the chambers of parliament, express doubts about the application of regulatory norms to their actions. To resolve this issue, the draft law often and quite extensively outlines the circle of persons to whom it applies: the Federation Council, the State Duma; members of the Federation Council; deputies of the State Duma; state bodies that form parliament; bodies subject to parliamentary control; bodies and officials whose activities may be subject to parliamentary investigations; internal bodies of the parliament, their officials, the apparatus of the chambers of parliament, employees of the apparatus, ministries and departments that ensure the activities of the parliament, as well as other state bodies and officials related to the activities of the parliament. The novelty of the bill is the special status of the parliamentary service and parliamentary employees.
Undoubtedly, with the help of the adoption of a package of the mentioned laws, it is possible to seriously adjust the powers and relationships of state authorities. But they cannot concern many defining moments of their relationship, since the main primary legal norms in this area (both substantive and procedural) are quite rigidly fixed in the Constitution.
In institutional terms, the development of the constitutional and legal system of Russia is extremely important. This led to a line on the modernization of the executive power system, the need to reform the management system in the country. With a responsible approach to this problem, it is necessary to develop and approve a comprehensive program for the modernization of the public administration system in Russia. Structurally, it may consist of the following components:
Determining the objective foundations and subjective nature of the Russian model of state administration, without which nothing can be used or implanted from foreign and own historical experience;
Substantiation, based on this, of resource-provided goals of public administration, which would not only create the desired future, but would also come from real and available resources leading to the implementation of goals;
Establishment of functions of state power adequate to the nature and goals and building an integral organizational structure of state administration under the power triad;
Formation of procedural, regulatory and technological elements that give public administration a public orientation and scientific credibility.
This should be precisely the program for the modernization of the subject of public administration, the entire system of public authorities, primarily executive authorities. As part of this program, you must:
Analyze various aspects of the functioning of the executive branch: structural, procedural, informational, personnel, material and financial, etc.;
Take into account the interaction between the executive branch and public, business, trade union and other structures of civil society;
Determine the ratio of the state system of executive authorities and local governments.
The relevance of the components of the program for the modernization of the public administration system should be determined from the point of view of the social efficiency of the executive branch, its real and positive impact on social processes, public consciousness, behavior and activities of people.
Which of these factors and variables is actualized in the Russian administrative and legal system will depend on the success of the socio-economic and political development of the country.
The territorial aspect of the administrative reform is a constitutional issue.
The creation of the institution of plenipotentiary representatives of the President of the Russian Federation and federal districts turned out to be effective tool solving the problem of restoring the capacity and authority federal government, restoring the unity of the legal space of the country. "
The experience of the activities of the plenipotentiaries of the President of the Russian Federation in the federal districts requires a thorough analysis and determination of further ways to improve this institution. In this regard, one of the most important (and most difficult) tasks is to clarify the functions of plenipotentiaries in the general system of state power of the Russian Federation, to determine and legally formalize their powers.
Measures to implement the "delegation" option include:
Preparation of presidential decrees and relevant provisions for concretization, clarification of delegated powers;
Development of mechanisms for the implementation of these regulations (including financial support for the implementation of delegated powers).
Administrative reforms in Russia are facing a new stage. It involves the modernization of the state apparatus and public administration at the level of the constituent entities of the Russian Federation. The peculiarity of the second stage of the administrative reform is that its implementation in the subjects of the Russian Federation should take place in close connection with the measures for the implementation of the regional socio-economic policy in the Russian Federation and the measures for the delimitation of jurisdiction and powers between the Russian Federation and its subjects. Only such a relationship will contribute to the effectiveness of public administration reform in the constituent entities of the Russian Federation, since the reorganization of the state apparatus and civil service in the constituent entities of the Russian Federation directly depends on the goals and objectives that will be set for them within the framework of regional policy, and on the powers that will be they were granted as a result of the delimitation of federal and regional jurisdictions.
In general, there are two options for the development of state institutions.
Option 1. When the model is selected and needs to be developed.
At present, a new institution of presidential power has emerged for Russian political culture. Now the quality of presidential power is connected with the prospects for the development of the institution of its plenipotentiaries, the State Council, Public Chamber, Administration of the President.
The delegation by federal laws of part of the powers of the Russian Federation to the constituent entities of the Federation is accompanied by increased intervention of the center in the activities of the executive bodies of the constituent entities of the Federation. The problem of the insufficient level of legal regulation of the organization of interaction between the territorial bodies of the federal executive authorities and the executive authorities of the constituent entities of the Federation manifested itself in the implementation of national projects. To ensure constant interaction in the implementation of national projects, the relevant federal ministries have concluded agreements on interaction with the executive authorities of the constituent entities of the Federation. However, the grounds and procedure for concluding such agreements are not regulated in the legislation.
Option 2. When a new model is formed on the basis of traditional state institutions.
Of particular importance in the context of the development of state institutions is the implementation of the tasks stated in the messages of the President of the Russian Federation, which outline current problems and strategic directions for the activities of state institutions. At present, the norms of state law do not fix the mechanisms for implementing the decisions adopted in the messages, on the one hand, on the other hand, it is the relevance and designation of social problems, the definition of mechanisms for their implementation that attaches particular importance to presidential messages. Probably, it is necessary to enshrine in regulatory legal documents the mechanisms for the implementation and control over the fulfillment of the tasks defined in the messages of the President.
At present, new forms of activity of public authorities have emerged, such as parliamentary hearings, presidential messages, programs and national projects. These legal forms require the definition of a clear place in the system of public administration mechanisms and will become effective if they organically fit into the overall system of organization and functioning of state institutions.
The system of public authorities has developed institutions whose status, functional role and place in the national hierarchy need further development. Among them are the State Council, authorized representatives of the President, the Central Bank of the Russian Federation, the Central Election Commission of the Russian Federation. The constitutional norms that included the prosecutor's office in the judicial system have also caused justified criticism for more than a decade. An adequate solution to the issues of the status and competence of the listed power institutions is seen in the improvement of constitutional norms, including through the adoption of relevant laws.
Analyzing structural transformations in the system of executive authorities in Russia, it can be noted that the modern executive branch faces a serious problem of ensuring the mobility of management. Ossified organizational formations become a brake on the development of specific industries, of the whole society. Therefore, the Government should have its own "permanent" and "variable" structures (long-term - strategic and short-term - tactical).
Ensuring the quality of state institutions is possible both through the organizational and legal consolidation and development of selected political models, and through the formation of a new model of traditional state institutions. Which option is preferable in a particular case is determined by many different factors. With any approach, of course, federal government bodies (the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, ministries, services, agencies and committees), government bodies of the constituent entities of the Russian Federation and local self-government are required to have legal grounds and organizational and legal resources to ensure the integrity, security, legality and rights of the citizen throughout the country. These are the paradigms of world experience and the real state in democratically developed countries.
These guarantees usually include:
a) the legal vertical in the functioning of representative bodies of state power and local self-government, in accordance with which each lower level legislates within the framework and in accordance with the laws of a higher level;
b) the organizational vertical in the functioning of the executive bodies of state power and local self-government, ensuring consistency, mutual support and control in the main issues of state and municipal government;
c) the control vertical in the functioning of judicial and prosecutorial bodies, contributing to the rule of law, fairness and objectivity in the consideration of tort situations;
d) legislative definition of the grounds, content, time, mechanisms and procedures for the application of measures of federal intervention (there is a law on the state of emergency; laws on direct presidential control are needed when local authorities are unable to maintain law and order in their territory; in the order of removal (temporary or permanent) heads of subjects of the Federation from their positions in cases where delay in resolving these issues threatens the safety of the life of the territory and the rights and freedoms of their inhabitants);
e) a clearer definition of the status and prerogatives of the judiciary, especially federal level, when they act as arbitrators in resolving legal issues between public authorities and local self-government. These disputes relate to public issues related to the exercise of power, and they must be resolved in a special manner. Meanwhile, civil law and public law conflicts are often considered in the courts as being of the same order, and the courts often forget that they themselves are state authorities and are obliged to guard state interests;
f) determination of the status of a legal entity of public law and the establishment at the level of federal law of restrictions on the participation in civil law relations of state and municipal bodies that have the status of a legal entity of public law.
Conclusion
Any state carries out its various activities through state bodies, each of which is part of the state apparatus. It is customary to call them a set of bodies, institutions and organizations exercising state power in society. The apparatus of the state is not a mechanical combination of its organs, but an ordered, organized, integral system. The meaning of this orderliness lies, first of all, in the fact that each body of the state performs well-defined administrative functions, has its own field of responsibility. A state body is a part of the state apparatus, endowed with state powers and exercising its competence in the manner prescribed by it. AT modern society the nature of the functions of state bodies is determined by the constitution and other legislative acts.
The organization and activities of the state apparatus are directly carried out on the basis of a number of principles, which are understood as guiding ideas, the principles underlying its creation and functioning, and manifested both in the activities of the state apparatus as a whole and in its separate parts, structurally separate units. Most of these principles are enshrined in the Constitution of the country, or in other laws and regulations, where they can be developed and supplemented.
The rule of law implements the principle of separation of powers, state bodies belonging to different branches of government exercise their powers independently, interacting with each other and balancing each other.
The federal structure of the state involves the allocation of state bodies of the Russian Federation and state bodies of the subjects of the Federation. State bodies can be divided into those elected by citizens and formed by other state bodies (the prosecutor's office, courts), they are individual and collective.
Thus, the modern public service of the Russian Federation is a legal matter that is in constant motion: it changes, is supplemented, there is a search for new tools in resolving existing problems, new normative acts regulating state-service relations are being developed.
The legal regulation of public service processes currently lags behind the pace of development of trends and patterns in reforming the public administration system, the state apparatus, and municipal bodies. The civil service as a legal institution must ensure stable management; it can play a certain role in stabilizing socio-political life, resolving political conflicts, and balancing the actions of various political forces.
List of used sources and literature
Regulations
1. The Constitution of the Russian Federation of December 12, 1993 // Rossiyskaya Gazeta. December 25, 1993
2. On the State Civil Service of the Russian Federation: Federal Law of July 27, 2004 No. 79-FZ (as amended on February 14, 2010) // Collection of Legislation. 2004. N 31. Art. 3215; 2010. N 7. Art. 704
3. On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District: Presidential Decree of May 13, 2000 N 849 (as amended on January 19, 2010) // Collection of Legislation of the Russian Federation. 2000. N 20. Art. 2112; 2010. N 4. Art. 369.
4. On introducing amendments to the list of federal districts approved by Decree of the President of the Russian Federation of May 13, 2000 N 849, and to Decree of the President of the Russian Federation of May 12, 2008 N 724 "Issues of the system and structure of federal executive bodies": Decree of the President of the Russian Federation of January 19, 2010 N 82 // Collection of Legislation of the Russian Federation. 2010. N 4. Art. 369.
Literature
5. Avakyan S.A. Constitutional law of Russia: Training course. 2nd ed. M.: Norma, 2007. T. 1.
6. Avakyan S.A. Constitution of Russia: nature, evolution, modernity. M.: RUID; Sashko. 2000. S. 215 - 226.
7. Administrative law [Text]: special part: textbook / ed. E. G. Lipatova, S. E. Channova. M.: Os-89, 2007. 237 p.
8. Actual problems of development of federal relations in the Russian Federation. M.: Prospekt, 2007. - 450 p.
9. Alekhin A.P., Karmolitsky A.A. Administrative Law of Russia: Textbook. M.: Infra-M, 2008. - 450 p.
10. Bartsits I.N. Constitutional and legal support of public administration reform // Constitutional and municipal law. 2007. - N 24
11. Power, law, business / Otv. editor Yu.A. Tikhomirov. M.: Infra-M, 2007. - 450 p.
12. Report: State power and its mechanism // #"#_ftnref1" name="_ftn1" title=""> See: Avakyan S.A. Constitutional law of Russia: Training course. 2nd ed. M., 2007. T. 1. S. 167
See: Iksanov I.S. Apparatus of the head of state // Constitutional and municipal law. 2007. N 3. S. 24
See: Sahle M.A. Organizational forms of interaction between the President of the Russian Federation and the subjects of the Russian Federation // Legislation. 1998. N 6. S. 7.
See: Cherkasov K.V. Issues of the legal status of the chief federal inspector and the federal inspector of the office of the plenipotentiary representative of the President of the Russian Federation in the federal district // State power and local self-government. 2008. N 4. S. 2 - 6; Cherkasov K.V. On the issue of the apparatus of the plenipotentiary representative of the President of the Russian Federation in the federal district // Administrative and municipal law. 2008. N 2. S. 5 - 9; Cherkasov K.V., Rozhdestvena A.A. Executive authorities at the level of the federal district: organizational and legal foundations of functioning // Administrative and municipal law. 2008. N 6. S. 5 - 10.
Report: State power and its mechanism // #"#_ftnref7" name="_ftn7" title=""> Lazarev Lipen
On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District: Presidential Decree of May 13, 2000 N 849 (as amended on January 19, 2010) // Collection of Legislation of the Russian Federation. 2000. N 20. Art. 2112; 2010. N 4. Art. 369.
On amendments to the list of federal districts approved by Decree of the President of the Russian Federation of May 13, 2000 N 849, and to Decree of the President of the Russian Federation of May 12, 2008 N 724 "Issues of the system and structure of federal executive bodies": Decree of the President of the Russian Federation dated January 19, 2010 N 82 // Collection of legislation of the Russian Federation. 2010. N 4. Art. 369.
Ishekov, K.A. , Tyurin, P.Yu., Cherkasov K.V. Commentary on the Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation". - 2nd ed. - M.: Infra-M., 2007. S. 156
Avakyan S.A. Constitution of Russia: nature, evolution, modernity. M.: RUID; Sashko. 2000. S. 215 - 226.
Bartsits I.N. Constitutional and legal support of public administration reform // Constitutional and municipal law. 2007. - N 24. S. 66
Bartsits I.N. Constitutional and legal support of public administration reform // Constitutional and municipal law. 2007. - N 24. S. 67
Bartsits I.N. Constitutional and legal support of public administration reform // Constitutional and municipal law. 2007. - N 24. S. 68
In accordance with the Constitution of the Russian Federation, political power in Russia consists of three branches: executive, legislative and judicial, as well as authorities that are not included in any of the three main branches (for example, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation, the Russian Academy of Agricultural Sciences, Commissioner for Human Rights in the Russian Federation, etc.)
executive power |
Executive power - law enforcement power, which is entrusted with the function of executing decisions adopted by parliament, i.e. legislative power of laws (3578 organizations). |
Legislature |
The Federal Assembly - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation. The Federal Assembly consists of two chambers - the Federation Council and the State Duma. The legislative branch also includes the Legislative Assemblies of the subjects of the Russian Federation (82 organizations). |
Judicial branch |
Justice in the Russian Federation is carried out only by the court. Judicial power is exercised through constitutional, civil, administrative and criminal proceedings. The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and the federal constitutional law (2643 organizations). |
Authorities not included in any of the three main branches of government (280 organizations, for example, the Accounts Chamber of the Russian Federation, the Central Bank of the Russian Federation, the Commissioner for Human Rights in the Russian Federation, Russian Academy Sciences of the Russian Federation, etc.). |
The principle of separation of powers is an essential element of the functioning of a democratic state, excluding the possibility of combining the legislative, executive and judicial powers in one hand.
According to the theory of separation of powers: 1) legislative, executive and judicial powers are granted to different people and bodies in accordance with the Constitution; 2) all authorities are equal before the law and among themselves; 3) no power can exercise the rights granted by the Constitution to another power; 4) the judiciary is independent of political influence, judges are irremovable, independent, inviolable and subject only to the law.
The separation of powers is a characteristic feature of the rule of law, a guarantee of its functioning. It is provided by the mechanism of "checks and balances", which is understood as a partial coincidence of the powers of the three authorities.
In addition, the division of power into three branches in the state is conditioned by the need to: 1) clearly define the functions, competences and responsibilities of various state bodies; 2) ensuring the possibility of controlling each other by state bodies on a constitutional basis; 3) effective fight with abuse of power.
The implementation of the principle of separation of powers is always accompanied by the freedom of the media, which is often referred to as the “fourth power”.
For the first time, the principle of separation of powers found its legal form in the US Constitution (1787), in the constitutional acts of the Great French Revolution (1789-1794). Today, this principle is constitutionally enshrined in most countries of the world.
In the Russian Federation, this principle is also enshrined in Constitution , which states that “state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial . Legislative, executive and judicial authorities are independent” (Article 10).
The Constitution determines the structure of the system of the highest bodies of state power of the Russian Federation. Legislative power at the Federation level is vested in the Federal Assembly. Executive power is exercised by the Government of the Russian Federation. Judicial power is exercised by the Constitutional, Supreme, Supreme Arbitration and other courts of the Russian Federation.
The experience of many countries that have long established the separation of powers shows that its important element is a certain balance of powers between the head of state and the parliament that controls the government.
2.Constitutional bases of activity of the President of the Russian Federation.
Literally, the word "president" in Latin means "sitting in front." In states with a republican form of government, the president is either the head of state and executive power, or only the state.
The institution of presidential power in Russia has a relatively short history. The post of the popularly elected President of the RSFSR was established in accordance with the results of an all-Russian referendum in March 1991. The first President of the RSFSR was elected through direct popular elections on June 12, 1991. The Constitution of the Russian Federation (1993) made significant changes regarding both the status of the President and the order his election, competence, procedure for removal from office. The Constitution proceeds from the leading position of the President in the system of state authorities. The president, as the head of state in Russia, is not included in the system of separation of powers, but rises above it, exercising coordinating functions.
The President is the guarantor of the Constitution of Russia, the rights and freedoms of man and citizen. He represents Russia within the country and in the international arena, determines the main directions of the state's domestic and foreign policy.
The President of Russia is elected for four years (since 2012 - for six years) by the citizens of Russia on the basis of universal, equal and direct suffrage by secret ballot. A citizen of Russia, at least 35 years old, who has been permanently residing in the country for at least 10 years, can be elected president. The same person cannot be President of Russia for more than two consecutive terms.
The President of Russia, in accordance with the Constitution:
Calls elections to the State Duma, dissolves the State Duma, calls a referendum, submits bills to the State Duma, signs and promulgates federal laws;
Appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation and has the right to chair meetings of the Government. He also has the right to decide on the resignation of the Government;
Represents to the State Duma candidates for the positions (appointment and dismissal): Chairman of the Central Bank of the Russian Federation; Chairman of the Accounts Chamber and half of its auditors; Commissioner for Human Rights;
Considers the decision of the State Duma on no confidence in the Government; coordinate with the Federation Council the appointment and dismissal of: the Prosecutor General of the Russian Federation; judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court;
Carrying out management of Russia's foreign policy, signs international treaties and letters;
He is the Supreme Commander-in-Chief of the Armed Forces of Russia, introduces martial law on the territory of the country;
Under certain circumstances, introduces a state of emergency, resolves issues of Russian citizenship and grants pardons;
The President of Russia has immunity. He may be removed from office by the Federation Council at the initiative of the State Duma. However, the withdrawal procedure is extremely complicated.
The constitutional foundations for the activities of the President of the Russian Federation differ from the constitutional foundations for the activities of presidents in other countries.
Thus, in the United States, the President, who can only be a born citizen of the country, heads the system of executive power and is elected through indirect elections, i.e. the electoral system is such that a candidate for President is chosen by an electoral college.
In France, the President of the Republic is the guarantor of the Constitution, has the right to dissolve the National Assembly, call a referendum and grant pardons.
In Germany, the President only represents the state in the international arena and also exercises the right to pardon.
3. Constitutional foundations for the activities of the Federal Assembly of the Russian Federation. The Constitution of Russia states that "The Federal Assembly - the Parliament of the Russian Federation - is the representative and legislative body of the Russian Federation." This definition characterizes the essence, legal nature and functions of this public authority. From the definition of the Federal Assembly as a parliament, it follows that this body should act as a collective spokesman for the interests and will of the Russian people, which is the bearer of sovereignty and the only source of power in the country. Based on the principle of separation of powers, the Russian parliament represents the legislative branch of state power in Russia. The Federal Assembly consists of two chambers - the Federation Council and the State Duma. The Federation Council includes two representatives from each constituent entity of Russia: one each from the representative and executive bodies of state power. The State Duma consists of 450 deputies elected on the basis of a mixed electoral system. Each of the chambers has its own powers, which basically correspond to the prerogatives of foreign parliaments. In particular, the jurisdiction of the Federation Council includes: 1) approval of changes in the borders between the constituent entities of the Russian Federation; 2) approval of the Decree of the President of the Russian Federation on the introduction of martial law and a state of emergency; 3) resolving the issue of the possibility of using the Armed Forces of the Russian Federation; 4) appointment of elections of the President of the Russian Federation; 5) removal of the President from office; 6) appointment to the post of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation; 7) appointment and dismissal of the Prosecutor General of the Russian Federation. Among the powers of the State Duma, enshrined in the Constitution of the Russian Federation, one can distinguish: 1) giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation; 2) resolving the issue of confidence in the Government of the Russian Federation; 3) appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; 4) announcement of amnesty; 5) bringing charges against the President of the Russian Federation in order to dismiss him 4. The constitutional foundations of the activities of the Government of the Russian Federation. The Government of the Russian Federation exercises executive power in the country. It consists of the Prime Minister, Deputy Prime Ministers of the Russian Federation and federal ministers. The Government of the Russian Federation is a collegial executive body of the state and subjects of the Federation, which exercises state power throughout the Russian territory. The powers of the Russian representative bodies are determined by the Russian Constitution and other laws based on the principle of separation of powers into legislative, executive and judicial. Among the powers of the Government of the Russian Federation, the following can be distinguished: 1) development and submission to the State Duma of the federal budget and ensuring its implementation; submission to the State Duma of a report on the execution of the federal budget; 2) ensuring the implementation in the Russian Federation of a unified financial, credit and monetary policy; 3) ensuring the implementation in the Russian Federation of a unified state policy in the field of culture, science, education, healthcare, social security, and ecology; 4) management of federal property; 5) the implementation of measures to ensure the defense of the country, state security, the implementation of the foreign policy of the Russian Federation; 6) implementation of measures to ensure the rule of law, the rights and freedoms of citizens in the protection of property and public order, the fight against crime; 7) exercising other powers assigned by the Constitution of the Russian Federation and federal laws. In Russia, the federal government bears political responsibility to the Federal Assembly, primarily in terms of developing and executing the federal budget. In Russia, lack of confidence in the Prime Minister, in essence, entails significant reshuffles in the composition of the Government. Instead of resigning, members of the Government may apply to the President to exercise his constitutional right to dissolve the State Duma and call new elections to it. The constitutional foundations for the activities of the Government of the Russian Federation differ from the corresponding foundations in other countries. Thus, in the United States, executive power is exercised by the President, who is the head of government. The Cabinet of Ministers in the United States has no constitutional status. The President, as head of the government, is responsible for the preparation and execution of the state budget, has the right to issue decrees and executive orders. The British government is formed by the Prime Minister, usually from the deputies of the ruling party. Subsidiary organs of the Government are essential. They are created and specialize in several areas of activity. One of the most important is the parliamentary service. This allows us to assert that one of the activities of the Government is the actual control over the legislative activities of the Parliament. In Italy, the Government governs the country in accordance with the will of the parliamentary majority. It carries out executive activities and adopts various kinds of decrees, resolutions and regulations, which allows us to speak of it as an administrative body. 5. Constitutional foundations for the activities of courts in the Russian Federation. In the Russian Federation, judicial power is exercised through constitutional, civil, administrative and criminal proceedings. Judges may be citizens of the Russian Federation who have reached the age of 25, have a higher legal education and at least five years of experience in the legal profession. Courts are independent and subject only to the Constitution of the Russian Federation and federal law. Judges are irremovable and inviolable. Financing of courts is made only from the federal budget. Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation. Judges of other federal courts are appointed by the President of the Russian Federation in the manner prescribed by federal law. The judiciary as a whole is one and indivisible, but conditionally justice can be divided into constitutional, general and arbitration. In accordance with this, there are three highest judicial bodies 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. The Constitutional Court of the Russian Federation: 1) decides cases on the compliance with the Constitution of federal laws and other regulations, regulations of the constituent entities of the Russian Federation, international treaties, treaties between state authorities of Russia; 2) gives an interpretation of the Constitution of the Russian Federation. The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction; supervises their activities; gives clarifications on issues of judicial practice. The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities. The constitutional foundations for the activities of Russian courts differ from the corresponding foundations in other countries. Thus, in Switzerland, the Federal Court oversees the uniform application of the law and interprets federal administrative law, which allows us to speak of the existence of functions of interpretation of laws. The Federal Court hears complaints about violations of citizens' constitutional rights. A feature of the activities of the Federal Court of Switzerland is that it does not exercise constitutional control over federal laws. The Supreme Court of Japan considers cases of high treason and other crimes against the state, decides on the constitutionality of any normative act, generalizes judicial practice. The Supreme Court of India considers disputes between the Government and the states, and also exercises the functions of constitutional review.
13. The role of local governments in management.
One of the main functions of local self-government is the organization of independent activities of the population to solve the problems of the socio-ecological and economic development of the municipality through local self-government bodies that have developed on the basis of historical and other traditions.
The study of practice shows that local governments solve a wide range of issues relating to all aspects of the life of the population in a given territory. They affect almost the entire spectrum of interests of the population of the municipality and a wide range of economic relations.
In accordance with the current legislation, the population of the municipality participates in solving economic issues through a referendum, civil initiative, or through personal labor through territorial public self-government.
A municipal referendum is held on the most important issues affecting the interests of the population. The decision to hold it is made by the representative authorities or the head of the municipality. On other important economic problems of the life support of the municipality, the opinion of the population is revealed through polls, public hearings, discussion of problems in the media, analysis of residents' appeals to various authorities.
Thus, a significant part of economic relations that ensure the development of the municipality is implemented through the representative bodies of local self-government and the administration of the municipality (executive body).
The administration of a municipal formation, along with economic functions, may also perform certain functions of state administration assigned to it by the laws of the Russian Federation, with the provision of material and financial resources necessary for their implementation.
The implementation of economic relations that ensure the development of the municipality, through local governments in municipalities, is carried out on the basis of the delineation of jurisdiction, powers and responsibilities provided for by the Constitution of the Russian Federation.
In municipalities, bodies of territorial public self-government are also formed, which solve a specific range of economic problems.
The population of settlements, streets, houses can create committees of public self-government and other bodies of territorial public self-government, which are endowed with the rights of a legal entity for the most effective implementation of economic ties.
Economic relations are implemented here in cooperation with deputies of representative bodies of local self-government, heads of the administration of the municipality, as well as municipal enterprises in the following main areas:
social, domestic, communal, cultural services for the population;
ecology and sanitary condition of the territory;
landscaping and development of the territory;
use of residential and non-residential premises. The economic powers of the bodies of territorial public self-government are established by the municipality by normative acts-regulations and charters.
The implementation of economic relations in the municipality requires the availability of an appropriate regulatory framework that regulates the totality of relations that arise at the level of local self-government. Its development is carried out by an elected representative body of local self-government, which ensures the adoption of regulations on the life of the municipality; approval of the budget of the municipality and the report on its execution; approval of regulations on the procedure for the formation and spending of the off-budget monetary fund; establishment of local taxes, fees and payments, as well as the procedure for their collection and provision of benefits; adoption and amendment of the Charter of the municipality; establishing the procedure for the use and protection of natural resources, historical and cultural heritage and environment; approval of plans and programs for the socio-ecological and economic development of the municipality and reports on their implementation; consideration of protests and submissions of the prosecutor of the municipality against the decisions of the representative body of power; expression of no confidence in the head of the municipality and officials in accordance with applicable law; establishing the order of disposal and management of municipal property; control over the activities of the head of the municipality on issues within his competence.
The representative body of local self-government exercises control functions over the implementation of economic relations in accordance with the powers determined by the Charter of the municipality. In this regard, state administration and public self-government bodies, public associations, enterprises, institutions, organizations, officials are obliged, at the request of this body, to provide the requested information, and, in case of violation of the law or municipal legal acts, take appropriate measures.
The economic basis of local self-government is made up of natural resources (land, water, forests) located within the boundaries of the territory of the municipality, immovable and movable property that is part of municipal property, local budget funds, state property transferred for management, as well as other property serving meeting the needs of the population of the municipality.
With regard to natural resources and property, a whole system of complex economic ties is being implemented. The disposal of municipal property is carried out by the head of the municipal formation in the manner determined by the representative body of power.
The economic ties that arise here are multifaceted and stem from relations regarding the object, the subject of property and the method of appropriation of the surplus product resulting from its use.
On the basis of municipal property, municipal institutions and enterprises function, to which it is transferred on the basis of the rights of operational management or economic management.
Representative authorities, the administration of the municipality exercise their powers in the field of regulation of economic relations regarding land relations, which primarily relate to land plots located within the boundaries of the municipality and not in state or other ownership. An analysis of the current practice shows that land owners, land users and tenants implement economic relations in this area of relations on the basis of the following basic principles:
the priority of protecting life and human health, ensuring favorable environmental conditions for its life;
rational use and purpose of land;
timely payment of land payments.
If these principles are violated, then the requirements of the legislation on environmental protection come into force, which are used by the administration to impose penalties and withdraw land. In order to streamline economic relations in the field of land relations, the representative body of power approves (on the proposal of the administration of the municipality) the rates of land payments and the procedure for granting benefits for them in accordance with the current legislation.
The administration of the municipal formation manages land plots that are in municipal ownership. It provides, withdraws, leases, compiles and maintains a land cadastre, develops planning and development schemes for territories taking into account the interests of the population, and monitors the protection and use of land.
The financial resources of the municipality include budgetary, non-budgetary funds and other financial assets that it has.
In accordance with the legislation of the Russian Federation, the administration annually develops the budget of the municipality, submits it for approval by the representative body of power, and then ensures its implementation.
A certain system of relations is also taking shape with respect to the revenue part of the budget. It affects the process of legislative consolidation, regulation of income, subsidies, subventions, loans and other funds. To streamline budgetary relations, the competence of the representative body of power and the administration of the municipality is delimited.
The role of the authorities in the implementation in ensuring the development of the municipality is quite large. In fact, the government in the municipality acts as the main coordinator of the activities of all business entities, smoothing out the contradictions that arise, until the creation of appropriate organizational structures, which are transferred to the proper management functions in these cases.
The nature of any authority and management is determined by the scale and structure, as well as sustainable trends and features of the development of a particular municipality. Therefore, for Russia today, more than ever, an analysis of the common features and specifics of the functioning of a municipality as a complex, developing socio-ecological and economic organism is relevant.
Local authorities are called upon to create the necessary prerequisites and favorable conditions for meeting the diverse, constantly changing needs of the population, including through a more complete use of the unrealized abilities of each individual.
But at the same time, it should be borne in mind that the government, even the most perfect, cannot cancel the objective laws of the development of the municipality. It can influence the quality and forms of this development, either speeding it up or, conversely, slowing it down.
A municipal entity is a certain integrity, consisting of interconnected and complementary links that affect its qualitative and quantitative characteristics. Authorities and administrations are only one of its subsystems responsible for the well-being and security of the population.
It is also important that the municipality is not isolated from the outside world. This is an open, non-closed system that has extensive economic ties with neighboring territories, with other municipalities and regions, and foreign countries.
Products manufactured in municipalities are sent to a variety of consumers. In turn, municipalities receive food, raw materials, money, necessary goods, and information. Such an exchange is carried out in the form of commodity-money and is of a lively, intensive character. Moreover, interregional market ties will grow and become more complex in the near future. This leads to the emergence and development of the relevant functions of power that regulate these processes, since local authorities and governments are called upon to coordinate, regulate and manage all life activities in their territory. Not a single link of management and power, like the entire system of a municipality, can act autonomously, regardless of the external environment.
The system of authorities of the municipality should determine the prospects for development, its tactical and strategic goals, as well as ways and methods to achieve them. To do this, it is endowed with very specific powers, rights and obligations within the framework of the municipal and federal systems of government.
The core of the management system of the municipality is the link in which power is concentrated, that is, the body that has the authority to make decisions and organize collective actions to achieve the intended goals.
The appointment of authority in the municipality is to ensure a clear and coordinated work of the entire integrated system for managing the functioning and development of the territory. Ultimately, this is concern for the needs of people, their well-being. Therefore, municipal government is a very subtle social tool, the use of which requires professional knowledge and experience of management personnel, their personal and organizational qualities.
The effectiveness and efficiency of the functioning of power in the municipality is largely determined by the quality of the source materials and information received by its bodies, their analysis and generalization in the primary levels of management. The effectiveness of power and the quality of management of the development of the municipality as a whole can only be judged by the final results, that is, by those changes that are caused by a targeted impact on the life of the municipality.
The authorities in the municipality are a social institution designed to link the interests of residents and the numerous public and private systems operating in it, to create and maintain favorable conditions for the formation of economic ties, to meet the personal and collective needs of citizens.
An important function of power is the analysis of the processes of human interaction with nature: issues of protection, protection and reproduction of the environment. So far, the social effect in this area is most often characterized by a negative sign.
Another important function of the municipal government is to create favorable conditions for the development of production.
In economically developed countries, the social and economic effect of power and management is assessed taking into account the improvement of the environment, the creation of the necessary conditions for production, since an efficient economy allows obtaining resources for the restoration and protection of the natural environment.
At the same time, municipal authorities are associated with production not only by environmental problems, but also by such issues as the tax and credit regime, the formation of infrastructure (transport, roads, gas, heat and water supply, communications, energy). Local governments draw financial resources for solving social and economic programs mainly from the sphere of material and non-material production. Therefore, the authorities should be interested in the purely commercial results of those industries that operate on the territory of the municipality, as well as the economic ties that are used in this case.
Thus, the municipality is a complex socio-economic and territorial entity, the place of which in the system of power and economic relations is determined by its functional purpose - to satisfy a wide range of needs of the population, and fulfill the corresponding obligations to the state.
Entering the system of a market economy involves revising many traditional ideas about the patterns of conservation, functioning and development of the municipality as an integral socio-economic and production organism. In this situation, it is important that the authorities of the municipality realize the objective need for its constant renewal and development. Otherwise, it becomes very difficult to solve the issues of survival of economic entities of the municipality in a competitive market environment and the functioning of all life support systems for the population.
In the conditions of the formation of market relations, socio-ecological and economic processes in the municipality are constantly developing. Changes are becoming the most important indicator of the viability of modern municipalities. Therefore, in order to meet the modern needs of development, you need to be ready for changes, including the municipality.
The term "change" means that no thing is at rest, its natural state is to be in continuous motion; i.e., if we use the term "change" in relation to the municipality, then it applies to any transformations occurring in it and its environment.
Changes are inherently different. There may be a progressive change in the interests of the population of the municipality, associated with the improvement of the process of meeting their needs. But it is often possible to meet destructive changes when the municipal government, using the powers given to it, makes changes for its own selfish purposes through the redistribution of property, natural resources, the implementation of commercial transactions for the purchase of food to the detriment of the development of its own production, etc.
It is quite obvious that destructive changes are not in the literal sense a source of socio-ecological and economic development of the municipality, although they have a significant impact on the processes taking place in it, giving some impetus for change. By source in this case, we mean the traditional idea of it: "that which gives rise to something, that from which something comes." Changes in the socio-economic development of the municipality characterize the state that has developed at a given point in time as a result of certain changes.
The concept of change is associated with renewal. To recognize the movement as a change, quantitative and qualitative changes in the socio-ecological and economic development of the municipality must exceed a certain threshold.
The growth of socio-ecological and economic parameters of the development of the municipality is a consequence of changes and is characterized by shifts within the given framework. These shifts do not extend beyond the quantitative values of the model without destroying its integrity.
In the course of the gradual accumulation of changes and changes, the municipality at some point reaches a certain limit of its socio-ecological and economic growth and becomes less and less able to ensure further self-development and order. As a result, it is faced with the need to choose an alternative: either to accept the inevitability of degradation, or to make efforts to develop in order to move to a qualitatively new state and to a higher level of functioning.
The socio-ecological and economic development of the municipality is associated with qualitative and structural changes in it, the essence of which is the formation of a different environment for its functioning, adapted to the changed situation, and capable of providing a dynamic balance, which is distinguished by the following features:
stability, contributing to the achievement of current goals;
receptivity and ability to innovate;
the necessary duration to ensure a proper change in aims and means;
the adaptability required to respond appropriately to external and internal opportunities and requirements.
Thus, the socio-ecological and economic development of a municipality can be interpreted as a process focused on the constant preservation of its dynamic balance through the targeted use of the existing potential and environmental conditions.
To solve the problems of socio-environmental and economic development, the relevant departments of the administration of the municipality should concentrate their efforts on determining the goals, objectives and activities of the municipality, developing technologies for achieving them in order to ensure a regular transition of the economy from one state to another, contributing to increased efficiency. meeting the needs of the population.
The socio-ecological and economic development of a municipality can take place both in an evolutionary and revolutionary form, perceived by people as dramatic (poorly or not at all controlled). However, in civilized countries, evolutionary and controlled development dominates.
In practice, in the municipality, the concept of “development” is given a more specific meaning. In one case, organizational changes are considered development (change of power, redistribution of powers and responsibilities of authorities, business entities, etc.), in the second - a change in property relations, in the third - adjustments to budget parameters, in the fourth - an increase in production volumes, retail turnover and services to the population.
We believe that the concept of "development" most accurately characterizes the ongoing processes when it is used in a much broader sense, as a certain kind of strategy of the municipality, covering the entire system set of its main components.
A vision of the future is developed in judgments about the future development of the municipality. There is reason to believe that in the process of collective discussion, an agreed image of the future can be formed. At the same time, the emphasis should not be on immediate changes, but on constructive differences between the future state of the municipality and the current one.
Following this, it is desirable to develop standards and detailed action programs, using for this a wide variety of methods and techniques that take into account the traditions and values of the respective municipality.
Since the actions leading to changes are carried out on the basis of the existing vision of their necessity, the formation of such an image of the future (vision of problems and opportunities for their solution) that the vast majority of leaders are ready to accept is the first and most important step in the work on drawing up a development program for a municipality. and population of the municipality.
For effective management of the development of a municipality, it is important to understand that the very need for development is objectively determined by the properties of disorganization (chaos) and organization (order) inherent in any social system. In management theory, these categories correspond to flexibility and stability.
The theoretical understanding of the problem under consideration leads to the conclusion that the socio-ecological and economic development of a municipality is a process of overcoming the contradictions of the two principles mentioned and ensuring their relatively equilibrium state.
The dynamic external environment of the municipality, which determines the need for change and development, contains all the factors within which it has to act.
Thus, the process of development of a municipality is not just the search and implementation of a certain set of measures to implement certain changes, but a creative strategy of power that requires adherence to a number of principles.
The need to manage the development of a municipality makes it necessary to consider it as a socio-economic system in which there is a continuous process of interaction between its internal components and the external environment.
At each given point in time, the administration of the municipality must assess the degree of its "disorganization", due to its inability to timely, independently and effectively overcome emerging crisis situations.
A system of targeted motivation of employees who ensure change should also be developed. At present, the lack of interest of management personnel in change is mainly due to the following reasons:
poor development in the administrations of municipalities of the functions and methods of planning, change management;
absence methodological developments to control and adequately evaluate their effectiveness and efficiency;
unwillingness to take risks (especially at the initial stage), to take responsibility; lack of knowledge in the field of management.
It is necessary to form a system for monitoring and evaluating the implementation of planned changes, the results and effectiveness of the implementation of changes, with predetermined performance standards, systems and indicators for accountability and evaluation, and means of adjusting based on information received through feedback channels.
These, in our opinion, are the basic principles for the formation of a management system for the development of a municipality.
In the process of functioning of this system, changes should cover:
social, ecological and industrial environment;
organizational structures;
management methods;
information models;
management personnel.
Diagnostics of the state of work with development programs of the municipality confirms that the weakest side, which excludes the possibility of their effective implementation, remains the incompleteness of developments, which in turn is caused by a lack of understanding of the full significance of the systematic approach.
The advanced experience of development management makes it possible to recognize the marketing analysis as a starting point for the development of a development strategy for the municipality. At the same time, it is necessary to achieve a synchronous, interconnected analysis of the internal and external environment of the functioning of the municipality.
The study of the experience of managing the development of a municipality allows us to formulate the following patterns inherent in the evolutionary model:
the development process is inherently discontinuous and is carried out in stages;
development occurs in time in the form of successive stages, where each subsequent stage logically follows from the previous one;
at each stage, a certain system is formed, with structural characteristics inherent in it at this particular stage;
in the structure of the system, as a rule, a dominant subsystem is distinguished that performs system-forming functions.
The process of managing the development of a municipality involves a planning procedure that begins with analysis - diagnostics of the state of the municipality, including the management system. All actions for planning the development of a municipality can be combined into four blocks:
specific goals and objectives;
calculation of their financial and material support;
methods for solving problems and achieving goals;
assessment of effectiveness and efficiency.
A significant role in managing the process of development of municipalities is assigned to socio-ecological and economic sources of development.
In this case, by sources we mean that which gives rise to the formation of an environment for the functioning of the municipality, capable of adapting to the changed situation and developing, ensuring stability in meeting the needs of the population.
Adaptation is an extremely important characteristic, since it is necessary for an appropriate response to internal and external opportunities and requirements. It gives flexibility to the management system, which is undergoing renewal, which contributes to growth and development in general.
The sources of development must be reinforced and supported by the potential of the municipality, the rational use of which will ensure the constant maintenance of dynamic balance.
So, we believe that the sources of development of the municipality is an interconnected set of changes, updates and changes, giving rise to the formation of an environment for its functioning, capable of adapting to the changed situation and developing.
Sources (changes, updates and changes) can, in turn, be classified according to a number of criteria: organizational, social, environmental, economic (foreign economic), regulatory, political, personnel.
This classification can be used when searching for reserves for the development of administrative-territorial entities. It allows you to choose from a wide variety of reserves the most suitable for a particular territory and determine the priorities of state regulation of its development, taking into account internal and external relationships.