Federal government bodies of Russia - features, description and history. Government bodies in Russia

The executive branch exercises public administration . Organs executive power have significant legal independence in relation to the legislative and judicial branches of government. They are not accountable and not controlled by representative authorities. Executive authorities, in particular the government of the Russian Federation, are vested with the right of legislative initiative, as well as state powers to issue legal acts and monitor their implementation.

Executive authorities may be federal and executive authorities of the constituent entities of the Russian Federation: republics, territories, regions, cities of federal significance (Moscow, St. Petersburg), autonomous regions and autonomous districts.

Competencies vary depending on the nature bodies of general, sectoral, intersectoral competence.

Bodies of general competence- governments, administrations of constituent entities of the Russian Federation. They manage most branches of management, ensuring economic, socio-cultural development in the territory under their jurisdiction.

Bodies of sectoral competence exercise leadership over the industries subordinate to them (for example, the Ministry of Health, the Committee Russian Federation in metallurgy, etc.).

Bodies of intersectoral competence perform special functions common to all industries and areas of management (for example, the Ministry of Finance of the Russian Federation, the Ministry of Economic Development of the Russian Federation, etc.).

According to the procedure for resolving subordinate issues, it is necessary to distinguish between collegial and single-managerial bodies. Collegial bodies represent an institutionalized group of people who make decisions by majority vote (for example, governments, many state committees, etc.).

Single-authority bodies make decisions on issues within their competence, represented by their head (for example, a ministry, administration of territories, regions, etc.).

Federal executive authorities are defined in the Decree of the President of the Russian Federation of January 10, 1994 “On the structure of federal executive authorities”: the Government of the Russian Federation, federal ministries, state committees of the Russian Federation, committees of the Russian Federation, the Main Directorate of Security of the Russian Federation, federal services, Tax Police Department of the Russian Federation, Government Communications and Information Agency, Federal Supervision of Russia.

Government of the Russian Federation

The Government of the Russian Federation exercises executive power in the Russian Federation. The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, his deputies and federal ministers. The Chairman of the Government of the Russian Federation is appointed by the President with the consent of the State Duma.

The Chairman of the Government of the Russian Federation proposes to the President the structure of federal executive bodies, candidates for the positions of his deputies and federal ministers. He is in accordance with, federal laws and by presidential decrees determines the main directions of activity of the government of the Russian Federation and organizes its work. The Constitution of the Russian Federation defines the powers of the government of the Russian Federation, which:

• develops and submits the federal budget to the State Duma, ensures its execution, and also submits to the State Duma a report on the execution of the state budget;
• ensures the implementation of a unified state policy in the Russian Federation in the fields of culture, science, education, healthcare, social security, and ecology;
• manages federal property;
• takes measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, and the fight against crime.

The Government of the Russian Federation issues decrees and orders.

Federal ministries, state committees and federal departments (committees, services, agencies, departments) belong to the central bodies of the federal executive power. They operate within the limits of their competence throughout the Russian Federation under the leadership of the Russian Government. Regulations on them are approved by the President of the Russian Federation or on his instructions by the Government of the Russian Federation (for example, the Regulations on the federal mining and industrial supervision of Russia were approved by Decree of the President of the Russian Federation on February 18, 1993 No. 234, the Regulations on the Ministry of Justice of the Russian Federation by the Council of Ministers of the Russian Federation on November 4, 1993 No. 1187). Ministers and chairmen of state committees of the Russian Federation are appointed by the President of the Russian Federation and are ex officio members of the Government of the Russian Federation. In accordance with Decree of the President of the Russian Federation of January 10, 1994 No. 66 “On the structure of federal executive bodies,” federal ministries and state committees have equal legal status.

Heads of federal departments are not, as a rule, members of the government of the Russian Federation. Departments are not part of ministries and are independent bodies. They operate under the leadership of the Russian government.

Some federal executive authorities are subordinate to the President of the Russian Federation on issues assigned to him by the Constitution of the Russian Federation and federal laws: the Ministry of Defense, Internal Affairs, the Foreign Intelligence Service, the Federal Security Service, etc.

Executive authorities of the constituent entities of the Russian Federation can be divided into bodies of general, sectoral and intersectoral competence. Their forms do not have a generally established unification, therefore the names of the executive authorities of the constituent entities of the Russian Federation are established, as a rule, taking into account historical and national traditions or foreign experience. The system and forms of executive authorities of republics are established in their constitutions, and of territories, regions, and autonomous entities - in their charters.

Bodies of general competence- these are the Councils of Ministers (governments) of the republics within the Russian Federation, administrations of territories, regions, and autonomous entities.

Bodies of sectoral and intersectoral competence in the republics are ministries, state committees, committees, main departments, etc.

In regions, territories, autonomous entities The executive authorities are the main directorates (directorates, committees, divisions, departments).

The activities of federal executive authorities are regulated by the Constitution of the Russian Federation, the federal constitutional law of the Russian Federation “On the Government of the Russian Federation” dated December 17, 1997, as amended and supplemented by December 31, 1997, other laws, and by-laws of the President and the Government.

According to Art. 110 of the Constitution of the Russian Federation, executive power in Russia is exercised by the Government of the Russian Federation, which, in accordance with Art. 1 of the Law “On the Government” is the highest executive body of state power, both directly exercising executive power and heading the unified system of executive power in the Russian Federation. The Government of the Russian Federation is a body of general competence that exercises leadership on a collegial basis various areas farms.

According to Art. 12 of the Law The Government directs the work of federal executive bodies and controls their activities, they are subordinate to it and are responsible to it for the implementation of assigned tasks; The government has the right to cancel acts of federal executive authorities or suspend the validity of these acts, etc.

However, the most important role in the executive power of the federal level is played by the President, who, being the head of state and in many ways occupying a position as if “above the branches of government”, also has key powers in the sphere of executive power, including by definition of internal and foreign policy states; appointment and dismissal of the Chairman of the Government, his deputies and federal ministers; direct management of the activities of federal executive authorities subordinate to him on issues within his competence by the Constitution of the Russian Federation, federal constitutional and federal laws, his own decrees, etc.

The system of federal executive authorities of the Russian Federation includes: ministries (federal ministries), state committees, federal commissions, federal services, Russian agencies, federal oversight bodies, as well as the Administration of the President of the Russian Federation.

Based on the nature of their competence, federal executive authorities are divided into sectoral and intersectoral; based on the specialization of their functions, they are divided into control and supervisory bodies, as well as bodies that perform specific functions of the state.

By areas of activity, federal executive authorities can be divided as follows:

a) the sphere of economics and finance - ministries: economics; finance; foreign economic relations and trade; state property; fuels and energy; agriculture and food; communication routes; transport; state committees: on communications and information; according to statistics; on antimonopoly policy; on support and development of small businesses; on housing and construction policy; on standardization, metrology and certification; on state reserves; State Customs Committee; Federal Market Commission valuable papers and others; departments: Federal Service for Insolvency and Financial Recovery; State Tax Service; Gosgortekhnadzor and others.

b) social sphere - ministries: labor and social development;

healthcare; state committees: by physical culture and tourism; on Northern development issues; departments: Federal Migration Service.

c) the sphere of science, culture and education - ministries: science and technology; culture; general and vocational education; state committees: state committees for cinematography, press, youth affairs;

State Higher Attestation Committee; departments: Federal Service for Television and Radio Broadcasting; Federal Archive Service.

d) sphere of environmental management and protection environment- ministry natural resources; state committees: for environmental protection; on land resources and land management; federal services: hydrometeorology and environmental monitoring;

geodesy and cartography; departments: Federal Forestry Service.

e) the sphere of ensuring the rule of law, public and state security, defense - ministries: defense; internal affairs; Justice; ministry of affairs civil defense, emergency situations and liquidation of consequences natural Disasters; departments: Federal Security Service; Federal Border Service; Federal Security Service; Foreign Intelligence Service; Federal Tax Police Service and others.

f) sphere of foreign policy and international relations - ministries: foreign affairs; on cooperation with the CIS member states; foreign economic relations and trade.

The activities of a number of bodies extend to several areas. For example, the State Committee for the Development of the North is designed to help solve both economic and socio-cultural problems northern territories, The State Customs Committee, in addition to the function of collecting customs duties, also performs certain law enforcement functions; The Ministry of Foreign Economic Relations and Trade combines both the functions of regulation and supervision of domestic trade and activities on international economic cooperation.

In order to ensure a coordinated policy of federal executive authorities on issues related to the sphere joint activities ministries coordinate the work of other federal bodies in accordance with the structural scheme approved by the Government. For example, educational establishments are part of many ministries and departments, but the Ministry of General and Vocational Education provides methodological guidance to these institutions, develops state educational standards. Or, for example, many instructions and instructions from the Ministry of Health are mandatory for the medical services of the Ministries of Defense, FSB, Ministry of Internal Affairs and other bodies.

The system (i.e. types of organizational and legal forms), structure (i.e. specific list) of federal executive authorities, as well as the procedure for their creation, reorganization and liquidation are determined by Decrees of the President of the Russian Federation. Depending on the nature of the powers of the federal body, as well as legal status its head, the system provides for three groups of federal executive authorities:

Ministries;

State committees, federal commissions;

Federal services, Russian agencies, federal supervisions.

1) The Ministry is the federal executive body that conducts public policy and carrying out management in the established field of activity, as well as coordinating, in cases established by law, the activities of other federal executive authorities in this field.

The Ministry is headed by a minister (federal minister) who is part of the Government of the Russian Federation; he is appointed and dismissed by the President at the proposal of the Chairman of the Government. Deputy federal ministers are appointed and dismissed by the Government of the Russian Federation, unless otherwise provided by law (this exception applies primarily to deputy “power” ministers).

In ministries, as well as in a number of other federal executive bodies, advisory bodies - collegiums - are created. They consist of senior officials of the ministry; they may also include scientists, government and public figures, The composition of the board is approved by the Government of the Russian Federation.

Federal ministers manage the relevant federal executive bodies on a single-institutional basis: they issue orders, instructions, and other documents of a normative and individual nature. In addition, according to Art. 26 of the Law “On the Government”, the powers of federal ministers consist in participating with a casting vote in meetings of the Government of the Russian Federation, in preparing resolutions and decisions

orders of the Government of the Russian Federation, ensuring their implementation, in the development and implementation of the policy of the Government of the Russian Federation. In their activities, ministers are accountable to the President of the Russian Federation and the Government of the Russian Federation, and on issues of compliance with legislation - also to law enforcement and control authorities.

Legally, all ministries are equal and cannot be under administrative subordination, however, they can coordinate their work by concluding contracts and agreements on joint activities, including in resolving issues that require the interaction of various structures, for example, in the implementation of federal target programs, in the fight against crime, etc.

2) The State Committee of the Russian Federation, the Federal Commission of Russia - federal executive authorities that, on a collegial basis, carry out intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain field of activity. The state committee and the federal commission of the Russian Federation are headed by the Chairman, appointed and dismissed by the Government of the Russian Federation.

3) Federal Service of Russia, Russian Agency, Federal Supervision of Russia - federal executive authorities that carry out special (executive, control, licensing, regulatory and other) functions in established areas of jurisdiction. The Federal Service of Russia is headed by a head (director); Russian agency - CEO; Federal supervision - chief. The heads of these federal executive bodies are appointed and dismissed by the Government of the Russian Federation, with the exception of the heads of bodies subordinate to the President of the Russian Federation. The federal executive bodies, which, according to the Constitution of the Russian Federation and federal legislation, are directly subordinate to the President of the Russian Federation, include bodies ensuring state and public security and the fight against crime, the sovereignty and territorial integrity of the state, the inviolability of its borders, the production of intelligence information, and bodies engaged in foreign relations. with foreign countries, etc. Their leaders are appointed and dismissed in a specially established manner.

In the Russian Federation, federal government bodies are the highest authorities. The federal government consists of three branches: executive, legislative and judicial. These authorities also include the President.

What are federal government agencies?

In Russia, the leading position in power structures is held by the President. He is the top federal authorities, being at the same time the guarantor of the Constitution, the head of state and the main link between the branches of government. However, he does not belong to any of them.

The legislative bodies consist of the Federation Council and the State Duma. Together they form the Federal Assembly. It is the drafter of laws that must be implemented throughout the country.

The executive branch is formed by federal state executive authorities. Their powers include issuing decrees, decisions and other by-laws. The main executive body in Russia is the Government of Russia. The sectoral divisions of the executive branch are subordinate to him: federal services, ministries, agencies and their territorial representative offices. All these bodies are approved by the President of Russia.

The judicial branch unites the federal courts. These are the Supreme Court of Russia, the Constitutional Court of Russia and other federal bodies. It is their responsibility to ensure justice.

The Central Bank is not considered a federal government agency of the Russian Federation.

President of Russia

The President of Russia has a list of powers that differs from those in other countries. Presidential power in Russia is allocated to a special category of power. In our country, the President has broader powers. They are spelled out in the Constitution of the Russian Federation, and the elections are regulated by Federal Law 19-F3 “On Presidential Elections”.

The head of the Russian Federation relies on the authorities close to him. One of them is the Security Council of the Russian Federation. He influences the domestic and foreign policies of the state and deals with national security. This structure is also headed by the President. He is the chairman of the Security Council. The Security Council holds meetings at which all decisions are made by voting, after which they are certified by the minutes and signed by the President.

The Security Council also holds meetings. They take place once a week with the participation of the chairman. Interdepartmental commissions act as working bodies. The composition of these commissions is approved by the Secretary of the Security Council. The members of the Council are approved by the President.

Another such structure is the State Council of the Russian Federation. This body is designed to help the President in exercising his powers in matters of interaction between government bodies. The State Council holds meetings. They take place once every 3 months. The decisions made are in the nature of recommendations. The State Council can initiate the creation of working groups, where scientists and other specialists can be involved.

Main functions of the President of the Russian Federation

The range of functions of the country's highest official:

• Serve as a guarantor of the Constitution, ensuring the freedoms and rights of citizens.
• Ensure coordination in the actions of government bodies.
• Support the sovereignty of the Russian Federation.
• Determine priorities in the domestic and foreign policy of the state.
• Take part on behalf of the country in international meetings, forums, and relations.

The protection of the Constitution and its strict observance is one of the main directions of the President’s activities.

Federal Assembly

The Federal Assembly is the legislative body and passes laws at the federal level. It consists of the State Duma and the Federation Council. The State Duma includes 450 deputies from different factions, who are elected during national elections. The Federation Council includes 178 legislators. Its composition includes representatives of all constituent entities of the Russian Federation.

The State Duma operates separately from the Federation Council.

One of the main tasks of the Federal Assembly is to approve the country's budget, which is prepared by the Government of the Russian Federation. At the same time, the Duma considers the budget, which is then sent to the Federation Council for approval in the form of a federal law.

Specific feature The powers of the State Duma is to adopt various federal laws. This process usually occurs in 3 stages called readings. At the first stage, there is a general discussion of the draft law and conceptual aspects. The second produces more detailed analysis all articles of the bill. At the third stage, voting is carried out for or against the adoption of the law under discussion. It is no longer possible to make any changes to the law at this stage.

For a law to be adopted, more than 50% of deputies must vote for it. If a constitutional law is adopted, then this figure is higher - at least 2/3 of the number of participants.

After adoption by the State Duma, the law must be approved by the Federation Council, and only in this case does it acquire legal force. A law that is insufficiently developed or inappropriate for the current situation may be rejected. For a law to be approved by the Federation Council, it must be supported by a majority (more than half) of the members of the chamber. If the Federation Council does not consider this law within two weeks, it is adopted automatically, with the exception of laws of special importance.

The State Duma can initiate the early resignation of the President, and if this initiative is approved by the Federation Council, then the head of the country will be obliged to resign. Grounds for resignation may include intentional sabotage, espionage, bribery, flagrant abuse of power, war crimes, etc.

Government of the Russian Federation

The government belongs to the executive branch of the federal civil service and consists of a chairman, vice-chairmen and ministers. The government is responsible for developing the country's federal budget, the draft of which is submitted for approval to the State Duma. It can make decisions on federal spending, including those related to the social sphere.

Main directions of work of the Government

Responsibilities of the Government:

• Implementation of reforms, optimization financial policy, including aimed at reducing the country's budget deficit.
• Conducts policies in the field of science, culture, health, education, ecology and social welfare.
• It is in charge of various federal property objects, including railways, enterprises, buildings and so on.
• Works on military equipment and fulfilling social obligations to the military.
• Monitors compliance with human rights, public order, and implementation of federal laws.

Judicial authorities

In the Russian Federation, federal government bodies include the judicial system. Their main task is to ensure justice. The main branches of the country's federal judicial system are: the Supreme Court, the Constitutional Court, the Supreme Arbitration Court.

Conclusion

Thus, the federal government bodies of Russia are components of the executive, legislative and judicial powers. Each of them is endowed with its own individual powers and performs the functions prescribed to it by the Constitution.

State power in Russia is exercised by the President, Federal Assembly(Parliament of Russia), Government and courts. These are the highest bodies of state power in the Russian Federation (Russian Federation).

The president

The President is the head of state; he does not belong to any branch of government.

The President is the guarantor of the Constitution, determines the main directions of the state's domestic and foreign policy, and represents Russia within the country and in international relations. A Russian citizen who is at least 35 years old and has permanently resided in Russia for at least 10 years can be elected president. The presidential term is 6 (six) years; the same person cannot serve as president for more than two consecutive terms. The President, usually in a solemn atmosphere, addresses the Federal Assembly with annual messages on the situation in the country and the main directions of domestic and foreign policy. The President is the supreme commander of the country's armed forces. He issues decrees and orders and has immunity (he cannot simply be taken into custody, arrested, etc.).

Powers of the President of the Russian Federation:

1) appoints, with the approval of the State Duma, the Chairman of the Government

2) decides on the resignation of the Government

3) forms and heads the Security Council

4) approves military doctrine RF

5) forms the Presidential Administration

6) appoints:

a) authorized representatives of the President

b) the high command of the Armed Forces of the Russian Federation

c) diplomatic representatives of the Russian Federation

7) calls elections of the State Duma

8) dissolves the State Duma

9) calls a referendum

10) signs and promulgates federal laws

11) addresses the Federal Assembly with an annual message on the situation in the country

12) provides leadership foreign policy RF

13) introduces martial law in the country

14) resolves issues of citizenship and granting political asylum

15) grants pardon

Legislature

Legislative power in Russia is exercised by the Federal Assembly - the parliament of the Russian Federation. Accepted here Russian laws. First they are written in the State Duma, and then sent for discussion to the Federation Council. After approval by the Federation Council, the law is sent to the President for signature.

The Federal Assembly consists of two chambers: upper and lower. The upper house of parliament is the Federation Council (its members are called senators), the lower is the State Duma (its members are called deputies).

The Federation Council is formed from representatives of legislative and executive bodies authorities of the constituent entities of the federation, which allows taking into account the interests of the regions. All citizens of the Russian Federation are represented in the State Duma through deputies; the State Duma consists of 450 people.

The State Duma is elected for a term of 5 (five) years. A citizen of the Russian Federation who has reached the age of 21 can be elected as a deputy of the State Duma. The Federation Council and the State Duma meet separately. Meetings of the Federation Council and State Duma are open.

1) Approval of changes in borders between constituent entities of the Russian Federation

2) Approval of the presidential decree on the introduction of martial law and a state of emergency

3) Resolving the issue of the possibility of using armed forces outside the territory of the Russian Federation

4) Calling presidential elections

5) Removal of the president from office

6) Appointment to position:

a) Constitutional Court of the Supreme Court

b) Prosecutor General

c) Deputy Chairman of the Accounts Chamber

Powers of the State Duma of the Federal Assembly of the Russian Federation:

1) Giving consent to the President for the appointment of the Chairman of the Government of the Russian Federation

2) Resolving the issue of trust in the Government of the Russian Federation

3) Hearing of annual reports of the Government of the Russian Federation on the results of its activities

4) Appointment to positions:

a) Chairman of the Central Bank

b) Chairman of the Accounts Chamber

c) Commissioner for Human Rights

5) announcement of amnesty

6) bringing charges against the president to remove him from office

Executive branch

Executive power in Russia is exercised by the Government. The Government is headed by the Chairman of the Government ( international word- Prime Minister). Today the Prime Minister of Russia is Dmitry Medvedev. The State Duma considers the candidacy of the Chairman of the Government within a week. If the candidacy of the Chairman of the Government is rejected three times, then the President appoints the Chairman of the Government, dissolves the State Duma and calls new elections. The Prime Minister determines the main directions of the Government's activities and organizes its work. The resignation of the government is accepted or rejected by the President. The question of trust in the government is raised by the Federation Council.

Powers of the Government of the Russian Federation:

1) Develops and submits the federal budget to the State Duma for consideration

2) Ensures the implementation of a unified financial, credit and monetary policy, as well as a unified policy in the field of culture, science, education, healthcare, social security, and ecology

3) manages federal property

4) implements measures to ensure the country’s defense and state security

5) implements measures to ensure the rule of law, the rights and freedoms of citizens, protect property and public order, and fight crime

Judicial branch

Judges in the Russian Federation can be citizens who have reached 25 years of age and have at least 5 years of work experience. Judges are independent and subject only to the Constitution. Judges are irremovable and inviolable. The proceedings in the courts are open. The Constitutional Court consists of 19 judges. The Constitutional Court resolves cases regarding the compliance of federal laws and regulations with the Constitution of the Russian Federation. The Supreme Court is the highest judicial body in civil, criminal, administrative and other cases under the jurisdiction of courts of general jurisdiction.

Powers of the Constitutional Court of the Russian Federation:

1) resolves cases on compliance with the Constitution of the Russian Federation:

a) federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

b) constitutions of republics, charters, as well as laws and other normative acts of constituent entities of the Russian Federation, issued on issues related to the jurisdiction of public authorities of the Russian Federation and the joint jurisdiction of public authorities of the Russian Federation and public authorities of constituent entities of the Russian Federation;

c) agreements between government bodies of the Russian Federation and government bodies of constituent entities of the Russian Federation, agreements between government bodies of constituent entities of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force;

2) resolves disputes about competence:

a) between federal government bodies;

b) between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation;

c) between the highest state bodies of the constituent entities of the Russian Federation;

3) upon complaints of violations of the constitutional rights and freedoms of citizens and upon requests from the courts, checks the constitutionality of the law applied or to be applied in a particular case;

4) gives an interpretation of the Constitution of the Russian Federation;

5) gives an opinion on compliance with the established procedure for bringing charges against the President of the Russian Federation for high treason or committing another serious crime;

6) takes legislative initiatives on issues within its jurisdiction.

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

System of public authorities- it is determined by the functions of the state and national traditions a set of government bodies and their division into separate types.

Principles of the system of public authorities

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

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

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

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

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

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

Democratic the essence of the Russian state determines the target program of activity of the entire system of government bodies. Each organ of the state and their system as a whole are called upon to serve the interests of man and society. Wherein human values should have priority over regional, ethnic or group values. The democratism of the system of public authorities of the state is manifested both in the order of their formation and in the principles of activity. IN modern conditions The most democratic way to create a particular government body is free elections. So,

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

The democracy of the system of government bodies is also expressed in the reporting of officials government agencies, deputies in front of voters, the population. Constitutional legislation provides for the legal responsibility of government bodies and officials to the population. Thus, the possibility of recall by voters of deputies and elected officials is legislatively established.

Types of government bodies

Government bodies are diverse and can be divided into types for a number of reasons.

By place in the system of separation of powers One can distinguish legislative, executive, judicial bodies, prosecutorial bodies, electoral bodies (commissions), as well as bodies of heads of state and subjects of the Federation.

According to the place of bodies in the hierarchy of power the following are distinguished: the highest (Federal Assembly of the Russian Federation, President of the Russian Federation, Government of the Russian Federation, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation); central (ministries, departments); territorial (regional and local federal authorities). The authorities of the constituent entities of the Federation are also divided into higher, central and territorial.

According to the method of forming the composition are distinguished: elected (State Duma of the Federal Assembly of the Russian Federation, President of the Russian Federation, legislative (representative) bodies of the subjects of the Federation); appointed by election (Accounts Chamber of the Russian Federation, Commissioner for Human Rights); formed on the basis of legislation on civil service and labor legislation (ministries, departments); mixed (Central Election Commission of the Russian Federation, election commissions of the constituent entities of the Federation).

According to the primary regulatory basis of activity are distinguished: those established by constitutions, charters (supreme bodies of state power); established by force of law (election commissions); established by acts of the President of the Russian Federation, the Government of the Russian Federation, heads of the constituent entities of the Federation (ministries, departments).

By personnel distinguished: individual (President of the Russian Federation, heads of the constituent entities of the Federation); collective (government, ministries).

According to the method of expression of will there are: single-managerial (individual, ministries); collegial (representative (legislative) bodies, government, election commissions).

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

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

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

System of public authorities

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

There are several options for systematizing government bodies.

1. The federal form of the territorial structure of Russia determines the division of the entire totality of its government bodies into two systems and the existence of federal government bodies and government bodies of the constituent entities of the Russian Federation that are relatively independent from each other.

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

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

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

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

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

The Law on the General Principles of Organization of Government Bodies of the Subjects of the Russian Federation determines that the system of government bodies of the constituent entity of the Russian Federation consists of a legislative (representative) body, the highest executive body, and other government bodies of the constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation (Article 2 of the said Law). The latter may include constitutional (statutory) courts, justices of the peace, human rights ombudsmen, chambers of control and accounts, and others. specialized bodies. In addition, in accordance with the Law on Basic Guarantees of Electoral Rights, election commissions of the constituent entities of the Russian Federation are formed and function (Article 23 of this Law).

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

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

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

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

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

IN domestic system There are bodies of state power that do not fit into the traditional triad of branches of government. M. V. Baglay calls them “federal government bodies with a special status.” In the legal literature, opinions are expressed about the existence of presidential, prosecutorial, control (supervisory and control) and other branches of government, functioning simultaneously with the legislative, executive and judicial.

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

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

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

Certain types of government bodies are organized as centralized systems. They have links (authorities) built on a hierarchical principle. The bodies that head such systems are characterized as supreme.

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

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

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

Within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation (Part 2 of Article 77 of the Constitution of the Russian Federation).

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

How do higher and lower bodies relate to each other at different levels of election commissions? Complaints about decisions and actions (inaction) election commissions subjects of the Russian Federation and other lower commissions have the right to consider the Central Election Commission of the Russian Federation (Article 21 of the Law on Basic Guarantees of Electoral Rights).

The Central Bank of the Russian Federation is a single centralized system with a vertical management structure, the system of which includes the central office, territorial institutions, cash settlement centers and other organizations (Article 83 of the Law “On the Central Bank of the Russian Federation (Bank of Russia)”).