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  • Topic: The structure of public authorities. The structure of political power in Russia

    Topic: The structure of public authorities. The structure of political power in Russia

    According to Art. 10 of the Constitution of the Russian Federation State power in the Russian Federation is exercised on the basis of separation into legislative, executive and judicial. The legislative, executive and judicial authorities are independent.

    The system of state bodies of a constituent entity of the Russian Federation functions within the framework of the republican form of government on the basis of 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 (State Duma and Federation Council), the Government of the Russian Federation and the courts of the Russian Federation. These government bodies cannot be liquidated or transformed without changing the Constitution of the Russian Federation itself. At the same time, the Constitution establishes that the formation of these bodies should 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 public authorities in the Constitution. Through appropriate constitutions, charters and laws, state bodies 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 the executive branch 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 increasing the level of personified state representation both domestically and in international relations. It is most advisable that the functions arising from this should be performed by the head of state, and not by a senior official entering the executive power system, which would be less consistent with the high status of the state and, in essence, would diminish the prerogatives of the representative body of state power of the Russian Federation, would set executive power over the legislative.

    The recognition of the President as the head of state is traditional in the constitutions of many countries of the world. Thus, the status of the President of the former USSR was determined, and at present such a characteristic of presidents is contained in the constitutions of most countries.

    The 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 government bodies, is not directly included in any of its branches.

    However, this provision does not give any reason to interpret the presidential power as standing above other authorities that depend on it. Each of them exercises its constitutionally assigned powers, functions in collaboration with other authorities, and is provided with certain levers of influence on other authorities and on the President. The Constitution incorporates the necessary system of “checks and balances”, which promotes a balanced interaction between the authorities. There is no subordination relationship between them. The President exercises his powers not on the basis of his unrelated 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 impede the transformation of the President of the Russian Federation into an authoritarian ruler. They consist in the limited term of office of the President of the Russian Federation for a sufficiently short four-year period, in the manner of his popular direct elections, in their alternative nature, inadmissibility of taking the presidency for more than two consecutive terms, in the possibility of his removal from office, in recognition of normative acts not complying with the Constitution President on the basis of the decision of the Constitutional Court, etc.

    Strengthening 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 relate to 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 bears personal responsibility for ensuring that the mechanisms for protecting the Constitution and human and civil rights are uninterrupted, 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 carrying out these functions, the President can only use the constitutional powers assigned to him, 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 state’s domestic and foreign policy. It is formed in accordance with the Constitution and federal laws; it cannot contradict them. It is also important that each presidential candidate puts forward a certain program in which strategic directions for the development of the state and society are outlined, and the election of a candidate means approval of the majority of voters’s installations.

    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 President’s policy using the full potential of constitutional forms that ensure the mutual influence of some state structures on others, the impact on them of social and social movements.

    As head of state, the President represents Russia domestically 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 a list of chapters on the government of the Russian Federation. In the previous Constitution, the chapter on the President followed the chapter on the highest representative bodies. This was natural, because in it the President was defined as the head of the executive branch.

    The place that the chapter on the President occupies in the current Constitution is legal evidence that directly confirms that the President is not directly included in any of the three branches of government: neither the legislative, nor the executive, or the judicial. This is a prerequisite for the fulfillment of the task entrusted to the President to ensure the coordinated functioning and interaction of Russian government bodies.

    The President of the Russian Federation has immunity (Article 91 of the Constitution). The content of the inviolability of the President is not disclosed in the Constitution, in contrast to the immunity of deputies.

    This formula indicates a high degree of protection for the President, who received his power from the people through free elections.

    As the Constitutional Court noted in its Judgment of July 11, 2000 in the case of the interpretation of Articles 91 and 92 (part 2) of the Constitution in their interconnection, 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 taking into account the persistent inability for health reasons to exercise his powers ”//" Meeting of the legislation of the Russian Federation ", 07.17.2000, No. 29, art. 3118 ..

    The immunity of the President, as well as other legal means, ensure the free and responsible exercise by the President of his constitutional powers and the continued functioning of the institution of the head of state.

    However, the integrity of the President cannot be interpreted as absolute.

    The Constitution provides for the possibility of removal of the President from office.

    The Constitutional Court indicated in the said Decision that the early termination of the powers of the President, in case of persistent inability for health reasons to exercise his powers, may occur contrary to the consent of the President.

    In federal districts, the power of the president of the Russian Federation is represented by the institution of plenipotentiaries.

    In accordance with Presidential Decree of May 13, 2000 N 849 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District" On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District: Presidential Decree on May 13, 2000 N 849 (as amended on 19 January 2010) // Meeting of the legislation of the Russian Federation. 2000. N 20. Art. 2112; 2010. N 4. Article 369 .. in order to ensure the implementation 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 implementation 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 institution of plenipotentiaries of the President of the Russian Federation in federal districts and seven Federal districts: Central, North-Western, 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 Caucasus Federal District was allocated from the Southern Federal District On Amending the List of Federal Districts, approved by Decree of the President of the Russian Federation of May 13, 2000 N 849, and in 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 // Meeting of the legislation of the Russian Federation. 2010. N 4. Article 369 ..

    Plenipotentiaries of the President of the Russian Federation in the federal districts together with the apparatuses of plenipotentiaries together form the united territorial state bodies of the vertical of the presidential power. Acting as structural elements of a kind of state education - the presidency, the apparatus of authorized representatives ultimately contribute to the implementation of the constitutional powers of the President of the Russian Federation at the inter-territorial and regional levels. There are sufficient reasons to believe that, by their legal nature, plenipotentiaries, together with the plenipotentiary representatives' apparatuses, are workers, auxiliary apparatuses of the head of state in places of common competence.

    In accordance with the Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies", the system of federal executive bodies includes federal ministries, federal services and federal agencies. The professional performance of citizens of the Russian Federation to ensure the exercise of the powers of these federal state bodies is related to the civil service of the Russian Federation.

    It is characteristic of a state authority that it is created to carry out the tasks of state power, to carry out 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, who are 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 lawmaking.

    The Federal Assembly consists of two chambers - the Federation Council and the State Duma. State Duma deputies 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 chapters before the expiration of their powers).

    It should be noted that initially the status of the Federation Council was determined in such a way that, by the method of its formation, 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 branch of the constituent entities of the federation, for which activity on a permanent basis in the Federation Council is usually simply impossible.

    The jurisdiction of the Federation Council includes:

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

    2) approval of the Presidential Decree on the introduction of martial law and the state of emergency;

    3) solving the question of the possibility of using the Armed Forces;

    4) the appointment of the election of the President;

    5) the removal of the President from office;

    6) the appointment of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court;

    7) the appointment and dismissal of the Prosecutor General.

    Among the powers of the State Duma, enshrined in the Constitution, we can distinguish:

    1) giving consent to the President for the appointment of the Prime Minister;

    2) resolving the issue of trust in the Government;

    3) the appointment and dismissal of the Chairman of the Central Bank;

    4) declaration of amnesty;

    5) bringing charges against the President to remove him from office.

    The Constitution enshrines the right of both chambers to control the activities of the government. For this, the Accounts Chamber of the Federal Assembly was created. The State Duma hears a government report on the implementation of the federal budget and ministerial reports on pressing issues.

    In the modern economic life of Russia, in its development, the subjects of the Federation play an increasingly important role. Each area 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 constituent entity is also recorded in the Charter (Basic Law) of the region.

    The creation of a system of government bodies of the constituent entities 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 subjects, and other regional laws. In some regions of Russia, special laws are being adopted on the system of public authorities of the relevant entities.

    The content of Art. 2 of the Law on the General Principles of the Organization of Legislative and Executive Bodies of State Power of the Subjects of the Russian Federation demonstrates one of the many approaches of the legislator to the interpretation of the category "system of bodies of state power" (in this case, in a "horizontal" sense, 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 explicitly 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 state authorities of the constituent entities of the Federation may include both the highest regional authorities (legislative and executive), and the relevant territorial bodies, including the bodies of administrative-territorial units provided for by the administrative-territorial structure of the subject. Moreover, local government bodies cannot be formed at the level of municipalities where public power is exercised through local self-government Ishekov, K.A., Tyurin, P.Yu., Cherkasov K.V. Commentary on the Federal Law of October 6, 1999 N 184-ФЗ “On 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.

    Legislative power is represented in the constituent entities of the Russian Federation by the Legislative Assembly of the region, which is entitled to legislate on all matters within the competence of the constituent entity of the Russian Federation and requiring legislative settlement. Executive power - by the Head of the administration of the region, the highest official of the executive branch; Deputies of the Governor 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 authority of the region. The judicial power in the region is represented by the federal courts and the Charter Court of the region.

    state power federal subject

    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 part of 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 branch

    The executive branch is the enforcement branch, which is entrusted with the function of enforcing those 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 Meetings of the constituent entities 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 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, the Russian Academy of Sciences of the Russian Federation, etc.).

    Principle of separation of powers it is an essential element in the functioning of a democratic state, which excludes 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 provided to various people and bodies in accordance with the Constitution; 2) all authorities are equal before the law and among themselves; 3) no authority can exercise the rights granted by the Constitution of another authority; 4) the judiciary is independent of political influence, judges are irremovable, independent, inviolable and obey only the law.

    The separation of powers is a characteristic feature of the rule of law, a guarantee of its functioning. It is ensured by a mechanism of “checks and balances”, which is understood as a partial overlap of the powers of the three authorities.

    In addition, the separation of powers into three branches in the state is necessitated by: 1) a clear definition of the functions, competencies and responsibilities of various state bodies; 2) providing the ability to control each other’s state bodies on a constitutional basis; 3) an effective fight against abuse of power.

    The implementation of the principle of separation of powers is always accompanied by the freedom of the media, which are often referred to as the “fourth power”.

    For the first time, the principle of separation of powers was found in the US Constitution (1787), in the constitutional acts of the 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 . The legislative, executive and judicial authorities are independent ”(Article 10).

    The Constitution defines the construction of a system of supreme bodies of state power of the Russian Federation. Legislative power at the Federation level rests with 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 a separation of powers indicates that its important element is a certain balance of powers between the head of state and parliament, which controls the government.

    2.The constitutional foundations of the activities of the President of the Russian Federation.

    In the literal sense, 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 branch, or only the state.

    The institute 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 the all-Russian referendum in March 1991. The first President of the RSFSR was elected by direct popular elections on June 12, 1991. The Constitution of the Russian Federation (1993) introduced significant changes regarding both the status of the President and the order his election, competence, dismissal procedures. 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 part of the system of separation of powers, but rises above it, carrying out coordinating functions.

    The President is the guarantor of the Constitution of Russia, the rights and freedoms of man and citizen. He represents Russia domestically and in the international arena, defines the main directions of the state’s domestic and foreign policy.

    The President of Russia is elected for four years (from 2012 - for six years) by Russian citizens on the basis of universal equal and direct suffrage by secret ballot. A Russian citizen no younger than 35 years old, permanently residing in the country for at least 10 years, may be elected President. One and the same person cannot be the 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, introduces 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 has the right to decide on the resignation of the Government;

    Submits to the State Duma candidates for the following 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; agrees with the Council of the Federation the appointment and dismissal of: the Prosecutor General of the Russian Federation; judges of the Constitutional Court, Supreme Court, Supreme Arbitration Court;

    Carrying out management of the foreign policy of Russia, signs international treaties and certificates;

    He is the Supreme Commander of the Armed Forces of Russia, introduces martial law in the country;

    Under certain circumstances, it introduces a state of emergency, resolves issues of Russian citizenship and 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 process of renunciation is extremely complex.

    The constitutional foundations of the activities of the President of the Russian Federation differ from the constitutional foundations of the activities of presidents in other countries.

    So, in the USA, the President, who can only be a born citizen of the country, leads the executive system and is elected by indirect election, i.e. the electoral system is such that a candidate for president is elected 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, the right to call a referendum and pardons.

    In Germany, the President only represents the state in the international arena and also exercises the right of pardon.

    3. The constitutional foundations of the Federal Assembly of the Russian Federation. The Constitution of Russia says that "the Federal Assembly - the parliament of the Russian Federation - is the representative and legislative body of the Russian Federation." This definition characterizes the nature, legal nature and functions of this public authority. It follows from the definition of the Federal Assembly as a parliament that this body should act as a collective exponent of 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 consists of two representatives from each subject of Russia: one 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 Council of the Federation includes: 1) approval of changes in borders between 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) solving the issue of the possibility of using the Armed Forces of the Russian Federation; 4) the appointment of the election of the President of the Russian Federation; 5) the removal of the President from office; 6) the appointment 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) the 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 trust in the Government of the Russian Federation; 3) the appointment and dismissal of the Chairman of the Central Bank of the Russian Federation; 4) declaration of amnesty; 5) bringing charges against the President of the Russian Federation to dismiss him 4. The constitutional foundations 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 constituent entities of the Federation, which exercises state power throughout the Russian territory. The powers of the Russian representative bodies are determined by the Constitution of Russia 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 are the following: 1) development and presentation of the State Duma of the federal budget and ensuring its implementation; submission to the State Duma of a report on the implementation 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, ecology; 4) management of federal property; 5) the implementation of measures to ensure the country's defense, state security, and the implementation of the foreign policy of the Russian Federation; 6) the implementation of measures to ensure the law, rights and freedoms of citizens to protect property and public order, the fight against crime; 7) the exercise of other powers assigned by the Constitution of the Russian Federation, federal laws. In Russia, the Federal Government bears political responsibility before the Federal Assembly, primarily in terms of the development and implementation of the federal budget. In Russia, mistrust of the Chairman of the Government essentially entails significant changes in the composition of the Government. Instead of resigning, members of the Government can appeal to the President to use his constitutional right to dissolve the State Duma and call new elections to it. The constitutional foundations of the activities of the Government of the Russian Federation differ from the corresponding foundations in other countries. In the United States, for example, executive power is exercised by the President, who is the head of government. The Cabinet of Ministers in the United States does not have constitutional status. The President as the 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 UK government is formed by the prime minister, usually from members of the ruling party. The subsidiary bodies of the Government are essential. They are created and specialize in several fields of activity. One of the most important is the parliamentary service. This allows us to state that one of the directions of the Government’s activity is the actual control over the legislative activity of the parliament. In Italy, the Government leads the country in accordance with the will of the parliamentary majority. It carries out executive activity and adopts various kinds of decrees, decrees and regulations, which allows us to talk about it as a regulatory body. 5. The constitutional foundations of the courts in the Russian Federation. In the Russian Federation, judicial power is exercised through constitutional, civil, administrative and criminal proceedings. Judges can be citizens of the Russian Federation who have reached 25 years of age, 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. Courts are financed only from the federal budget. Judges 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 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 single and indivisible, but conditionally justice can be divided into constitutional, general and arbitration. In accordance with this, there are also three supreme judicial bodies of the Russian Federation: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court of the Russian Federation. The Constitutional Court of the Russian Federation: 1) decides cases of compliance with the Constitution of federal laws and other regulatory acts, regulatory acts of the constituent entities of the Russian Federation, international treaties, treaties between public 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, jurisdictional courts of general jurisdiction; supervises their activities; provides clarification on issues of judicial practice. The Supreme Arbitration Court of the Russian Federation is the highest judicial body for the resolution of economic disputes and other cases considered by arbitration courts, exercises judicial oversight of their activities, the Constitutional foundations of the activities of Russian courts differ from those in other countries. In Switzerland, for example, the Federal Court oversees the uniform application of the rule of law and interprets federal administrative law, which makes it possible to speak of the existence of interpretation functions for laws. The Federal Court considers complaints of violations of constitutional rights of citizens. A feature of the activities of the Swiss Federal Court 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, and summarizes 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 governance.

    One of the main functions of local self-government is the organization of independent activity of the population in solving the problems of the socio-ecological and economic development of the municipality through local self-government bodies based on historical and other traditions.

    A study of practice shows that local governments solve a wide range of issues relating to all aspects of the life of the population in this territory. They affect almost the entire range of interests of the population of the municipality and a wide range of economic ties.

    In accordance with the current legislation, the population of the municipality participates in resolving economic issues through a referendum, civic 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 on its implementation is made by representative bodies of authority 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 surveys, public hearings, discussion of problems in the media, analysis of residents' appeals to various authorities.

    Thus, a significant part of the economic relations ensuring the development of the municipality is realized through the representative bodies of local self-government and the administration of the municipality (executive body).

    The administration of the municipality, along with economic functions, can also perform certain functions of state administration assigned to it by the laws of the Russian Federation, with the provision of the necessary material and financial resources for their implementation.

    The implementation of economic relations ensuring the development of a municipality through local authorities in municipalities is carried out on the basis of the delimitation of objects of competence, authority and responsibility 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 vested with the rights of a legal entity for the most effective implementation of economic relations.

    Economic relations are realized 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 to the population;

      ecology and sanitary condition of the territory;

      improvement 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 regulatory acts, regulations and charters.

    The implementation of economic relations in a municipality requires an appropriate regulatory framework governing the totality of relations arising at the local government level. Its development is carried out by an elected representative body of local self-government, which ensures the adoption of regulatory acts on the life of the municipality; approval of the budget of the municipality and a report on its implementation; approval of provisions on the procedure for the formation and expenditure of an off-budget monetary fund; the establishment of local taxes, fees and charges, as well as the procedure for their collection and provision of benefits; adoption and amendment of the Charter of the municipality; establishment of the procedure for the use and protection of natural resources, historical and cultural heritage and the 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 representations of the public prosecutor of the municipality for decisions of the representative authority; expression of distrust to 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, bodies of state administration and public self-government, public associations, enterprises, institutions, organizations, officials are obliged to submit the requested information upon the request of this body, and, in case of violation of the legislation 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, real estate and movable property that is part of the municipal property, local budget funds, state property transferred to the administration, as well as other property serving meeting the needs of the population of the municipality.

    Regarding natural resources and property, a whole system of complex economic relations 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 authority.

    The economic relations that arise here are multifaceted and arise from relations regarding the object, the subject of ownership and the method of appropriation of the surplus product resulting from its use.

    On the basis of municipal property, municipal institutions and enterprises operate to which it is transferred on the basis 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 owned by the state or other property. The analysis of the established practice shows that the owners of land plots, land users and tenants implement economic relations in this sphere of relations on the basis of the following basic principles:

      the priority of protecting human life and health, ensuring favorable environmental conditions for its life;

      rational use and intended use of land;

      timely 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 seize land. In order to streamline economic relations in the field of land relations, the representative authority approves (upon the proposal of the administration of the municipality) the rates of land payments and the procedure for providing benefits on them in accordance with applicable law.

    The administration of the municipality manages land owned by the municipality. She provides them, seizes them, leases them, draws up and maintains a land cadastre, develops plans for the planning and development of territories taking into account the interests of the population, monitors the protection and use of land.

    The financial resources of the municipality include budgetary, extrabudgetary 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 authority, and then ensures its implementation.

    A certain system of relations develops in terms of the revenue side of the budget. It affects the process of legislative consolidation, regulation of income, subsidies, subventions, borrowed and other means. To streamline budget relations, the delimitation of the competence of the representative authority and the administration of the municipality is carried out.

    The role of power in the implementation in ensuring the development of the municipality is quite large. In fact, the power in the municipality acts as the main coordinator of the activities of all business entities, smoothing out the inconsistencies, until the creation of the appropriate organizational structures to which the appropriate management functions are transferred.

    The nature of any authority and government is determined by the scale and structure, as well as sustainable trends and developmental features of a particular municipality. Therefore, today, as never before, an analysis of the common features and specifics of the functioning of a municipal formation as a complex, developing socio-ecological-economic organism is more relevant than ever.

    Local authorities are called upon to create the necessary prerequisites and favorable conditions for satisfying the diverse, constantly changing needs of the population, including through a fuller 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 repeal the objective laws of the development of the municipality. It can affect the quality and forms of this development, either accelerating or, conversely, slowing it down.

    A municipality represents a certain integrity, consisting of interconnected and complementary links that affect its qualitative and quantitative characteristics. Government and management bodies are only one of its subsystems responsible for the well-being and safety of the population.

    It is also important that the municipality is not isolated from the outside world. This is an open, open system, having extensive economic ties with neighboring territories, with other municipalities and regions, and foreign countries.

    Products produced in municipalities are sent to a variety of consumers. In turn, municipalities receive food, raw materials, money, necessary goods, information. Such an exchange is carried out in commodity-money form and is lively, intense. Moreover, interregional market relations in the near future will grow and become more complicated. This determines the emergence and development of the corresponding functions of the authorities that regulate these processes, since local authorities and administrations are called upon to coordinate, regulate and manage all life activities in their territory. Not a single link of government and authority, like the entire system of the municipality, can operate autonomously, regardless of the external environment.

    The system of government of the municipality should determine the prospects for development, its tactical and strategic goals, as well as ways and means of achieving them. To this end, it is endowed with very specific powers, rights and obligations within the municipal and federal management systems.

    The core of the management system of the municipality is the link in which power is concentrated, that is, the body with the authority to make decisions and organize collective actions to achieve the intended goals.

    The purpose of power in the municipality is to ensure clear and coordinated work of the entire holistic system of managing the functioning and development of the territory. Ultimately, this is concern for the needs of people, their well-being. Therefore, the municipal government is a very delicate 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 a municipality is largely determined by the quality of the source materials and information received by its bodies, their analysis and generalization in the primary stages of management. The effectiveness of power and the quality of management of the development of the municipality as a whole can be judged only by the final results, that is, by those changes that are caused by the targeted impact on the life of the municipality.

    The authorities in the municipality are a social institution designed to coordinate the interests of residents and the numerous public and private systems operating in it, create and maintain favorable conditions for the formation of economic relations, and the satisfaction of personal and collective needs of citizens.

    An important function of power is the analysis of the processes of human interaction with nature: issues of environmental protection, protection and reproduction. In the meantime, the social effect in this area is most often characterized by a negative sign.

    Another most 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 evaluated taking into account the improvement of the environment, the creation of the necessary conditions for production, since an effective economy allows you to get resources for the restoration and protection of the natural environment.

    At the same time, the municipal government is associated with the production of not only environmental problems, but also issues such 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 intangible 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 relations that are used in this.

    Thus, the municipality is a complex socio-economic and territorial formation, the place of which in the system of power and economic relations is determined by its functional purpose - to satisfy a wide range of population needs, and fulfill relevant obligations to the state.

    Entering the system of a market economy involves revising many traditional ideas regarding the laws of conservation, functioning and development of a municipality as an integral socio-economic and industrial organism. In this situation, it is important that the authorities of the municipality realize the objective necessity of its constant renewal and development. Otherwise, it becomes very difficult to resolve the issues of survival of the business entities of the municipality in a competitive market environment and the functioning of all life support systems of the population.

    In the conditions of the formation of market relations, socio-ecological-economic processes in the municipality are constantly evolving. Change is becoming the most important indicator of the viability of modern municipalities. Therefore, in order to meet modern development needs, you need to be prepared for change, including the municipality.

    The term “change” means that not a single thing is at rest, its natural state is to be in continuous motion; that is, if the term “change” is used in relation to a municipality, then it applies to any transformations taking place 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 an improvement in the process of satisfying their needs. But often one can also encounter destructive changes when the municipal government, using the powers given to it, makes changes for its own selfish purposes by redistributing property, natural resources, carrying out commercial transactions for the purchase of food to the detriment of the development of its own production, etc.

    It is very obvious that destructive changes are not literally the source of the socio-ecological-economic development of the municipality, although they have a significant impact on the processes taking place in it, giving some impetus for change. In this case, by the source we mean the traditional idea of \u200b\u200bit: “that which gives rise to something, that from which something emanates”. 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 updating. 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 \u200b\u200bof the model without destroying its integrity.

    During the gradual accumulation of changes and changes, the municipality at some point reaches a certain limit of its socio-ecological and economic growth and is less and less able to provide further self-development and order. As a result, it is confronted with the need to choose an alternative: either accept the inevitability of degradation, or undertake development efforts in order to transition 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 reduced to the formation of a different environment for its functioning, adapted to the changing situation, and capable of providing a dynamic balance, which is characterized by the following features:

      stability conducive to achieving current goals;

      susceptibility and ability to innovate;

      the necessary duration to ensure an appropriate change in objectives and means;

      the adaptability required to respond appropriately to external and internal capabilities and requirements.

    Thus, the socio-ecological and economic development of the municipality can be interpreted as a process focused on the constant preservation of its dynamic equilibrium through the targeted use of the existing potential and environmental conditions.

    To solve the problems of socio-ecological and economic development, the relevant units of the administration of the municipality should concentrate their efforts on determining the goals, objectives and directions of the municipality, developing the technology for their achievement in order to ensure the regular transition of the economy from one state to another, which will increase efficiency meeting the needs of the population.

    The socio-ecological and economic development of a municipality can occur both in evolutionary and revolutionary forms, 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 (changes in power, redistribution of powers and responsibilities of authorities, business entities, etc.), in the second - changes in property relations, in the third - adjustments to budget parameters, in the fourth - growth in production volumes, retail turnover and public services.

    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 of its main components.

    The vision of the perspective is developed in judgments about the future development of the municipality. There is reason to argue that in the process of collective discussion, a coordinated image of the future can be formed. Moreover, the emphasis should not be on the next changes, but on the structural 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 variety of methods and techniques that take into account the traditions and values \u200b\u200bof the respective municipality.

    Since the actions leading to changes are carried out on the basis of the prevailing vision of their need, the first and most important step in drawing up a program for the development of a municipality should be the formation of such an image of the future (vision of problems and possibilities for their solution) that the vast majority of leaders are ready to accept and the population of the municipality.

    For effective management of the development of the 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 control theory, these categories correspond to flexibility and stability.

    A theoretical understanding of the problem under consideration leads to the conclusion that the socio-ecological-economic development of the municipality is a process of overcoming the contradictions of the two principles mentioned and ensuring them with respect to the 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 a search and implementation of a certain set of measures for the implementation of certain changes, but a creative strategy of the authorities, which requires compliance with a number of principles.

    The need to manage the development of the municipality necessitates considering 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 evaluate the measure of its “disorganization”, due to its inability to timely, independently and effectively overcome emerging crisis situations.

    A system of targeted motivation for workers providing change must also be developed. Currently, the insufficient interest of management personnel in changes is due mainly to the following reasons:

      poor development of functions and methods of planning, change management in the administrations of municipalities;

      lack of methodological developments for monitoring and adequate assessment of 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 create a system for monitoring and evaluating the implementation of planned changes, the results and effectiveness of the implementation of changes, with predefined activity standards, systems and indicators of accountability and evaluation, and adjustment tools based on information received through feedback channels.

    These, in our opinion, are the basic principles of the formation of the development management system of the municipality.

    In the process of functioning of this system, the changes should include:

      social, environmental and industrial environment;

      organizational structures;

      management methods;

      information models;

      management staff.

    Diagnosis of the state of work with the development programs of the municipality confirms that the weakest part, excluding the possibility of their effective implementation, is the incompleteness of the development, which in turn is caused by a lack of understanding of the importance of the systematic approach.

    The best practices of development management make marketing analysis desirable as the starting point for developing a municipal development strategy. In this case, a synchronous, interconnected analysis of the internal and external environment of the functioning of the municipality should be sought.

    Studying the experience of managing the development of the municipality allows us to formulate the following patterns inherent in the evolutionary model:

      the development process in its objective essence is interrupted 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 specific system is formed, with the structural characteristics inherent in it at this stage;

      in the structure of the system, as a rule, a dominant subsystem is singled out that performs system-forming functions.

    The process of managing the development of the municipality involves a planning procedure, which begins with an analysis - diagnosis 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;

      performance and effectiveness assessment.

    A significant role in managing the development of municipalities is given to the socio-ecological and economic sources of development.

    In this case, we understand by sources as what gives rise to the formation of an environment for the functioning of the municipality, which is able to adapt to the changing situation and develop, ensuring stability in meeting the needs of the population.

    Adaptation is an extremely important characteristic, since it is necessary for a corresponding response to internal and external capabilities and requirements. It gives flexibility to the management system undergoing renewal, which contributes to growth and development in general.

    Sources of development should be supported and supported by the potential of the municipality, the rational use of which will ensure the constant preservation of dynamic equilibrium.

    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, able to adapt to the changing situation and develop.

    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 in the search for reserves for the development of administrative-territorial entities. It allows one to choose the most suitable for a particular territory from a wide variety of reserves and determine the priorities of state regulation of its development, taking into account internal and external relationships.

    The relevance of the research topic is due to the fact that currently the effectiveness of the work of state power is of great importance. Of great importance is the idea of \u200b\u200bstrengthening the mechanism of state power, which builds the executive vertical of relations between the federal center and the constituent entities of the Russian Federation.

    No state can function successfully without a stable power vertical. The relationship between the center and regional authorities, based on the principles of subordination, is an integral sign 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. At each link of the state mechanism, the apparatus of state power brings life, a set of measures, means, forms and methods for real, practical activities. In the formation of statehood of any kind, the apparatus of state power acts as the first organizational means of fulfilling its goals by the state.

    The development of state power institutions, and the very fact of maintaining the manageability of social processes are determined by the demand for state institutions by society, by the fact how these institutions correspond to the expectations of society. And in modern Russia, issues of the distribution of powers between the President of the Russian Federation and the presidential power system, the Government of the Russian Federation and the executive power system, the chambers of the Federal Assembly, control and judicial bodies are the central issue of discussions on improving the state power system. However, the dispersion and market situation of many proposals in this area does not make it possible to combine the “unconnected” 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 the scientific community, on the pages of monographs, study guides, there are a lot of laws and by-laws and normative legal acts. This is due to new approaches to understanding and the place of state authorities in the modern Russian state, as well as to reforms carried out in this direction.

    The object course work  the apparatus of state power acts, which ensures the implementation of its constitutional powers and helps to increase the effectiveness of the activities of public authorities and government.

    The subject of the study is the activity of the apparatus of state power.

    The aim 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 public authorities at the federal and regional levels are reflected in the works of S.A. Avakyan, A.P. Alekhine, I.S. Iksanova, M.A. Sahle, K.V. Cherkasova.

    To comprehend the theoretical and methodological aspects, the political and legal foundations and the leading directions of the political activities of the plenipotentiaries of the President of the Russian Federation in the federal districts, various methods of cognition were used: systemic, historical, comparative political, institutional, structural and functional.

    The logic of the study is reflected in the structure of the work, which consists of an introduction, a main part, a conclusion, a list of sources used and literature.

    1. The 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 a question of its internal structure, of those elements of which it consists. It seems that the structure of state power should be considered from different perspectives, from different points of view. This will provide a deeper understanding of the state power itself and the elements that comprise it.

    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 exercise political leadership in society is always organizationally structured and is somehow expressed externally. In this regard, the question arises of the mechanism of state power, since the state power finds its organizational expression in a particular mechanism.

    The structure of the state apparatus is understood as its internal structure, the arrangement of the constituent parts of the apparatus, their ratio. The structure always indicates what the state apparatus is made up of, what is the subordination of its components, what are the principles of its organization and functioning.

    The state apparatus is most often defined as the totality or system of state bodies with 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 by it only executive bodies and public 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 public administration of the company and the protection of its basic interests are carried out. The most common characteristic features of the state apparatus are expressed in the following:

    The mechanism of the state consists of people specially involved in governance (lawmaking, enforcement of laws, their protection against violations).

    The state mechanism is a complex system of bodies and institutions that are closely interconnected in the exercise of their direct power functions.

    The functions of all parts of the state apparatus are provided by organizational and financial means, and, if necessary, by coercive influence.

    There is a scientific position, according to which the state apparatus refers to all state organs in statics, and the state mechanism refers to the same organs, but in dynamics. Studying the apparatus of the state, they speak primarily about the purpose, formation order, competence of one or another 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 performing certain functions of the state (V.V. Lazarev , S.V. Lipen).

    The state apparatus is not synonymous with the state mechanism, since the state mechanism in addition to state bodies (state apparatus) also includes state. institutions and state. enterprises.

    The principles of organization and activity of the state apparatus should be understood as the most important, key ideas and provisions that underlie its construction and functioning. They reveal the social-class nature, 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, justified and implemented in the process of the centuries-old activity of the state mechanism. Some of them, mainly related to the activities of the state apparatuses of many countries, have taken root and developed. Others, most often related to the process of organization and activity of state apparatuses of individual countries, fell away as the changes occurred.

    The basic principles of the organization and activities of the state apparatus:

    1. Representation of the interests of citizens at 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 principles: the principle of priority of human rights; the principle of compliance with high ethical requirements by members of parliament and officials, their full political loyalty; the principle of publicity, providing information to the population about the ongoing state-legal processes.

    Data 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 separation into legislative, executive and judicial. The legislative, executive and judicial authorities are independent.

    The system of state bodies of a constituent entity of the Russian Federation functions within the framework of the republican form of government on the basis of 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 (State Duma and Federation Council), the Government of the Russian Federation and the courts of the Russian Federation. These government bodies cannot be liquidated or transformed without changing the Constitution of the Russian Federation itself. At the same time, the Constitution establishes that the formation of these bodies should 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 public authorities in the Constitution. Through appropriate constitutions, charters and laws, state bodies 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 the executive branch 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 increasing the level of personified state representation both domestically and in international relations. It is most advisable that the functions arising from this should be performed by the head of state, and not by a senior official entering the executive power system, which would be less consistent with the high status of the state and, in essence, would diminish the prerogatives of the representative body of state power of the Russian Federation, would set executive power over the legislative.

    The recognition of the President as the head of state is traditional in the constitutions of many countries of the world. Thus, the status of the President of the former USSR was determined, and at present such a characteristic 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 government bodies, does not directly belong to any of its branches.

    However, this provision does not give any reason to interpret the presidential power as standing above other authorities that depend on it. Each of them exercises its constitutionally assigned powers, functions in collaboration with other authorities, and is provided with certain levers of influence on other authorities and on the President. The Constitution incorporates the necessary system of “checks and balances”, which promotes a balanced interaction between the authorities. There is no subordination relationship between them. The President exercises his powers not on the basis of his unrelated 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 impede the transformation of the President of the Russian Federation into an authoritarian ruler. They consist in the limited term of office of the President of the Russian Federation for a sufficiently short four-year period, in the manner of his popular direct elections, in their alternative nature, inadmissibility of taking the presidency for more than two consecutive terms, in the possibility of his removal from office, in recognition of normative acts not complying with the Constitution President on the basis of the decision of the Constitutional Court, etc.

    Strengthening 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 relate to 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 bears personal responsibility for ensuring that the mechanisms for protecting the Constitution and human and civil rights are uninterrupted, 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 carrying out these functions, the President can only use the constitutional powers assigned to him, 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 state’s domestic and foreign policy. It is formed in accordance with the Constitution and federal laws; it cannot contradict them. It is also important that each presidential candidate puts forward a certain program in which strategic directions for the development of the state and society are outlined, and the election of a candidate means approval of the majority of voters’s installations.

    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 President’s policy using the full potential of constitutional forms that ensure the mutual influence of some state structures on others, the impact on them of social and social movements.

    As head of state, the President represents Russia domestically 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 a list of chapters on the government of the Russian Federation. In the previous Constitution, the chapter on the President followed the chapter on the highest representative bodies. This was natural, because in it the President was defined as the head of the executive branch.

    The place that the chapter on the President occupies in the current Constitution is legal evidence that directly confirms that the President is not directly included in any of the three branches of government: neither the legislative, nor the executive, or the judicial. This is a prerequisite for the fulfillment of the task entrusted to the President to ensure the coordinated functioning and interaction of Russian government bodies.

    The President of the Russian Federation has immunity (Article 91 of the Constitution). The content of the inviolability of the President is not disclosed in the Constitution, in contrast to the immunity of deputies.

    This formula indicates a high degree of protection for the President, who received his power from the people through free elections.

    As the Constitutional Court noted in its Judgment of July 11, 2000 on the interpretation of Articles 91 and 92 (Part 2) of the Constitution in their interconnection, the President is a permanent body of state power and exercises his powers as the sole head of state and no one can to assign his power of authority Decree of the Constitutional Court of the Russian Federation of July 11, 2000 No. 12-P “In 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 powers of the President of the Russian Federation in the case of taking into account the persistent inability for health reasons to exercise his powers ”//" Meeting of the legislation of the Russian Federation ", 07.17.2000, No. 29, art. 3118 ..

    The immunity of the President, as well as other legal means, ensure the free and responsible exercise by the President of his constitutional powers and the continued functioning of the institution of the head of state.

    However, the integrity of the President cannot be interpreted as absolute.

    The Constitution provides for the possibility of removal of the President from office.

    The Constitutional Court indicated in the said Decision that the early termination of the powers of the President, in case of persistent inability for health reasons to exercise his powers, may occur contrary to the consent of the President.

    In federal districts, the power of the president of the Russian Federation is represented by the institution of plenipotentiaries.

    In accordance with Presidential Decree 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 implementation by the President of Russia of his constitutional powers, increase the efficiency of the federal government bodies and improve the system of control over the implementation of their decisions, the Institute of Plenipotentiaries of the President of the Russian Federation in the regions of the Russian Federation has been transformed into the Institute of Plenipotentiaries of the President of the Russian Federation in federal districts and seven federal districts have been established: Central, North-Western, Southern, Volga, Ural, Siberian, Far Eastern.

    On January 19, 2010, the decree of President D. Medvedev changed the system of federal districts, and the North Caucasus Federal District was separated from the Southern Federal District.

    Plenipotentiaries of the President of the Russian Federation in the federal districts together with the apparatuses of plenipotentiaries together form the united territorial state bodies of the vertical of the presidential power. Acting as structural elements of a kind of state education - the presidency, the apparatus of authorized representatives ultimately contribute to the implementation of the constitutional powers of the President of the Russian Federation at the inter-territorial and regional levels. There are sufficient reasons to believe that, by their legal nature, plenipotentiaries, together with the plenipotentiary representatives' apparatuses, are workers, auxiliary apparatuses of the head of state in places of common competence.

    In accordance with the Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies", the system of federal executive bodies includes federal ministries, federal services and federal agencies. The professional performance of citizens of the Russian Federation to ensure the exercise of the powers of these federal state bodies is related to the civil service of the Russian Federation.

    It is characteristic of a state authority that it is created to carry out the tasks of state power, to carry out 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, who are 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 lawmaking.

    The Federal Assembly consists of two chambers - the Federation Council and the State Duma. State Duma deputies 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 chapters before the expiration of their powers).

    It should be noted that initially the status of the Federation Council was determined in such a way that, by the method of its formation, 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 branch of the constituent entities of the federation, for which activity on a permanent basis in the Federation Council is usually simply impossible.

    The competence of the Council of the Federation includes: 1) approval of changes in borders between the subjects of the Russian Federation; 2) approval of the Presidential Decree on the introduction of martial law and the state of emergency; 3) solving the question of the possibility of using the Armed Forces; 4) the appointment of the election of the President; 5) the removal of the President from office; 6) the appointment of judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court; 7) the 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 Prime Minister; 2) resolving the issue of trust in the Government; 3) the appointment and dismissal of the Chairman of the Central Bank; 4) declaration of amnesty; 5) bringing charges against the President to remove him from office.

    The Constitution enshrines the right of both chambers to control the activities of the government. For this, the Accounts Chamber of the Federal Assembly was created. The State Duma hears a government report on the implementation of the federal budget and ministerial reports on pressing issues.

    In the modern economic life of Russia, in its development, the subjects of the Federation play an increasingly important role. Each area 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 constituent entity is also recorded in the Charter (Basic Law) of the region.

    The creation of a system of government bodies of the constituent entities 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 subjects, and other regional laws. In some regions of Russia, special laws are being adopted on the system of public authorities of the relevant entities.

    The content of Art. 2 of the Law on the General Principles of the Organization of Legislative and Executive Bodies of State Power of the Subjects of the Russian Federation demonstrates one of the many approaches of the legislator to the interpretation of the category "system of bodies of state power" (in this case, in a "horizontal" sense, 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 explicitly 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 state authorities of the constituent entities of the Federation may include both the highest regional authorities (legislative and executive), and the relevant territorial bodies, including the bodies of administrative-territorial units provided for by the administrative-territorial structure of the subject. Moreover, local government bodies cannot be formed at the level of municipalities, where public authority is exercised through local self-government.

    Legislative power is represented in the constituent entities of the Russian Federation by the Legislative Assembly of the region, which is entitled to legislate on all matters within the competence of the constituent entity of the Russian Federation and requiring legislative settlement. Executive power - by the Head of the administration of the region, the highest official of the executive branch; Deputies of the Governor 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 authority of the region. The judicial power in the region is represented by the federal courts and the Charter Court of the region.


    Chapter 2. Problems and ways to improve the apparatus of state power of the Russian Federation

    2.1 Problems of the government apparatus

    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 presidential institutions, parliamentary institutions, executive and judicial institutions, the process of legal consolidation of their state-power practice is yet to come.

    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 sequential stages of the continuation of constitutional and administrative reform becomes more and more obvious.

    In determining the objectives 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 state power institutions 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 constituent entities of the Federation.

    The Constitution of the Russian Federation with regard to the regulation of managerial relations has significant potential for detail. From this thesis, the presumption of the “inviolability” of the Constitution of the Russian Federation for the near historical perspective is derived. It is possible, but it remains unresolved those inaccuracies in the regulation of the system of executive power in Russia, which have become almost universally recognized. Such immunity involves the development of a common understanding of the managerial model.

    The main problem is that such new, modern and, possibly, promising directions of the scientific search of the institute have not yet been developed. public service, as:

    Criteria, indicators and methods for assessing the effectiveness of public service;

    New methods of public service management;

    Optimization of civil service;

    Directions of 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 amending and supplementing the Federal constitutional laws on the Government of the Russian Federation and the Constitutional Court of the Russian Federation. For the formation of public authorities, a law on federal executive bodies is required.

    For the development of the system of government bodies, the law on the highest legislative body, the Federal Assembly of the Russian Federation, is of great importance. Initiative bills developed at different times by deputies of the State Duma, scientific organizations, did not give a final result. The act is absent to date. However, certain shifts are available. The Chairman of the Council of the Federation 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 bill was developed, the main idea of \u200b\u200bwhich is to detail and develop the provisions of the Constitution of the Russian Federation on parliament, and to ensure the necessary amount of legal regulation of parliamentary activity. One of the tasks of this bill is to give the necessary impetus to the parliamentary procedures, which today are concentrated in the rules of the chambers. The problem is that participants in the legislative process who are not members of the chambers of parliament have doubts about the extent to which regulations apply to their actions. To resolve this issue, the bill often and extensively outlines the circle of persons to whom it extends its action: the Federation Council, the State Duma; members of the Federation Council; deputies of the State Duma; state bodies that form the parliament; bodies subject to parliamentary control; bodies and officials whose activities may be subject to parliamentary investigations; the internal organs of the parliament, their officials, the apparatus of the chambers of parliament, the staff of the apparatus, ministries and departments supporting the activities of the parliament, as well as other government bodies and officials related to the activities of the parliament. A novelty of the bill is the special status of the parliamentary service and parliamentary servants.

    Undoubtedly, by adopting a package of the mentioned laws, one can seriously adjust the powers and relations of state authorities. But they cannot touch on many defining moments of their relationship, since the main primary legal norms in this area (both substantive and procedural) are rather rigidly fixed in the Constitution.

    Institutionally, the development of the constitutional legal system of Russia is extremely important. This led to a line to modernize the executive system, the need for reform of the governance system in the country. With a responsible approach to this problem, it is necessary to develop and approve a comprehensive program of modernization of the public administration system in Russia. Structurally, it can consist of the following components:

    Determination of the objective grounds and subjective nature of the Russian model of government, without which nothing can be used or implanted from foreign and own historical experience;

    Justification, on the basis of this, of the resource-secured goals of public administration, which would not only create the desired future, but would also proceed from real and available resources leading to the achievement of goals;

    The establishment of functions of state power that are adequate to the nature and goals and the construction of an integrated organizational structure of public administration under the triad of power;

    Formation of procedural, regulatory and technological elements that give public administration a public focus and scientific credibility.

    This should be precisely the program of modernization of the subject of public administration, the entire system of public authorities, especially executive bodies. Within the framework of this program it is necessary:

    To analyze various aspects of the functioning of the executive branch: structural, procedural, informational, personnel, material and financial, etc .;

    Take into account the interaction of the executive branch and public, business, trade union and other structures of civil society;

    Determine the ratio of the state system of executive bodies and local authorities.

    The relevance of the components of the program of 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 being updated in the Russian administrative and legal system will depend on the success of the country's socio-economic and political development.

    The territorial aspect of administrative reform is a constitutional issue.

    The creation of the institute of plenipotentiaries of the President of the Russian Federation and federal districts proved to be an effective means of solving the problem of restoring the legal capacity and authority of the federal government, restoring the unity of the country's legal space. "

    The experience of the plenipotentiary representatives of the President of the Russian Federation in the federal districts requires a thorough analysis and determination of the further way to improve this institution. In this regard, one of the most important (and most difficult) tasks is to clarify the functions of the plenipotentiaries in the general system of state power of the Russian Federation, the definition and legalization of their powers.

    Activities for the implementation of the option of "delegation" include:

    Preparation of decrees of the President and relevant provisions for concretization, clarification of delegated authority;

    Development of mechanisms for the implementation of these regulations (including financial support for the implementation of delegated powers).

    Administrative transformations in Russia have a new stage. It involves the modernization of the state apparatus and public administration at the level of constituent entities of the Russian Federation. The peculiarity of the second stage of administrative reform is that its implementation in the constituent entities of the Russian Federation should take place in close co-ordination with measures to implement regional socio-economic policies in the Russian Federation and measures to delimit competencies between the Russian Federation and its constituent entities. Only such an interconnection 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 public service in the constituent entities of the Russian Federation directly depends on the goals and objectives that will be set for them in the framework of regional policy, and on the powers that will be they are provided as a result of the delimitation of federal and regional subjects of reference.

    In general, two options for the development of state institutions can be distinguished.

    Option 1. When the model is selected and it 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 authorized representatives, the State Council, the Public Chamber, and the Presidential Administration.

    The delegation by federal laws of part of the powers of the Russian Federation to constituent entities of the Federation is accompanied by increased center intervention in the activities of the executive bodies of constituent entities of the Federation. The problem of an insufficient level of legal regulation of the organization of interaction between the territorial bodies of federal executive bodies and executive bodies of the constituent entities of the Federation was manifested during the implementation of national projects. To ensure constant interaction in the implementation of national projects, the relevant federal ministries have concluded agreements on cooperation with executive bodies of the constituent entities of the Federation. However, the grounds and procedure for concluding such agreements are not regulated by law.

    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, in which urgent problems and strategic directions of activity of state institutions are identified. At present, the norms of state law do not fix the mechanisms for the implementation of 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 gives special significance to the presidential messages. Probably, mechanisms of implementation and control over the implementation of the tasks defined in the messages of the President should be fixed in regulatory legal documents.

    Currently, new forms of government activity have emerged, such as parliamentary hearings, presidential messages, programs and national projects. These legal forms require a clear place in the system of public administration mechanisms and will become effective if they organically fit into the general system of organization and functioning of state institutions.

    Institutions have formed in the system of public authorities whose status, functional role and place in the national hierarchy require further development. These include the State Council, plenipotentiaries of the President, the Central Bank of the Russian Federation, and the Central Election Commission of the Russian Federation. Constitutional norms, which included the prosecutor’s office in the judiciary, have also been grounded in criticism for more than a decade. An adequate solution to the issues of status and competence of the listed power institutions is seen in improving constitutional norms, including through the adoption of relevant laws.

    Analyzing structural transformations in the system of executive bodies of Russia, it can be noted that the modern executive branch faces a serious problem of ensuring management mobility. Ossified organizational formations become a brake on the development of specific industries, the entire society. Therefore, the Government should have its own “permanent” and “variable” structures (long-term - strategic and short-term - tactical purposes).

    Ensuring the quality of state institutions is possible both through 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, the federal bodies of state power (the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, ministries, services, agencies and committees), the bodies of state power of the constituent entities of the Russian Federation and local self-government must have legal grounds and organizational and legal resources to ensure the integrity, security, legality and rights of a citizen throughout the country. This is the paradigm of world experience and the real state in democratically developed countries.

    Such warranties 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 laws of a higher level;

    b) the organizational vertical in the functioning of executive bodies of state power and local self-government, ensuring coherence, mutual support and control in basic issues of state and municipal government;

    c) the control vertical in the functioning of the judicial and prosecutorial bodies, contributing to the rule of law, justice and objectivity in the consideration of tort situations;

    d) legislative determination of the grounds, content, time, mechanisms and procedures for applying federal intervention measures (there is a law of emergency; laws are needed on direct presidential administration with the inability of local authorities to maintain law and order in their territory; in suspension (temporary or permanent) heads of constituent entities of the Federation from their posts in cases where the delay in resolving these issues threatens the security of the territory and human rights am their inhabitants);

    e) a clearer definition of the statuses and prerogatives of the judiciary, especially at the federal level, when they act as arbitrators in resolving legal issues between public authorities and local governments. These disputes concern public issues related to the exercise of power, and they must be resolved in a special order. Meanwhile, in courts, often civil-law and public-law conflicts are considered as single-order, and the courts often forget that they themselves are public authorities and are obliged to guard state interests;

    f) determination of the status of a legal entity of public law and establishment at the level of federal law of restrictions on participation in civil law relations of state and municipal bodies having 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. They are called the totality of bodies, institutions and organizations that exercise state power in society. The state apparatus is not a mechanical connection of its organs, but an ordered, organized, holistic system. The meaning of this ordering lies primarily in the fact that each state body performs well-defined managerial functions and has its own field of responsibility. A state body is a part of the state apparatus, endowed with state power and exercising its competence in the manner established by it. In 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 carried out directly on the basis of a number of principles, which are understood as guiding ideas, the principles that underlie its creation and functioning, and are 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.

    In the rule of law, the principle of separation of powers is implemented, 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 separation of state bodies of the Russian Federation and state bodies of the constituent entities of the Federation. State bodies can be divided into those elected by citizens and formed by other state bodies (prosecutors, courts), they are sole and collective.

    Thus, the modern public service of the Russian Federation is a legal matter that is in constant motion: it is being changed, supplemented, new tools are being sought to resolve existing problems, new regulations are being developed that regulate public service relations.

    Legal regulation of public service processes is currently lagging behind the pace of development of trends and patterns in reforming the public administration system, the state apparatus, and municipal bodies. Public service as a legal institution should ensure stable management; it can play a role in stabilizing social and political life, resolving political conflicts, balancing the actions of various political forces.



    List of used  sources and literature

    Normative acts


    1. The Constitution of the Russian Federation of December 12, 1993 // Russian newspaper. 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. Article 704

    3. On the plenipotentiary representative of the President of the Russian Federation in the federal district: Decree of the President on May 13, 2000 N 849 (as amended on January 19, 2010) // Meeting of the legislation of the Russian Federation. 2000. N 20. Art. 2112; 2010. N 4. Article 369.

    4. 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 of January 19, 2010 N 82 // Meeting of the legislation of the Russian Federation. 2010. N 4. Article 369.


    Literature


    5. Avakyan S.A. Constitutional Law of Russia: Training Course. 2nd ed. M .: Norma, 2007.V. 1.

    6. Avakyan S.A. Constitution of Russia: nature, evolution, modernity. M .: RUID; Sasha. 2000.S. 215 - 226.

    7. Administrative law [Text]: special part: textbook / ed. E. G. Lipatova, S. E. Channova. M .: Axis 89, 2007.237 s.

    8. Actual problems of the development of federal relations in the Russian Federation. M .: Prospect, 2007 .-- 450 p.

    9. Alekhine 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 / Ans. Editor Yu.A. Tikhomirov. M .: Infra-M, 2007 .-- 450 p.

    12. Report: State power and its mechanism // # "#_ ftnref1" name \u003d "_ ftn1" title \u003d ""\u003e See: S. Avakyan Constitutional Law of Russia: Training Course. 2nd ed. M., 2007.V. 1.P. 167

    See: Iksanov I.S. The apparatus of the head of state // Constitutional and municipal law. 2007. N 3. P. 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 apparatus 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. To the question 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. P. 5 - 9; Cherkasov K.V., Rozhdestvenina A.A. Executive authorities at the federal district level: organizational and legal foundations of functioning // Administrative and municipal law. 2008. N 6.P. 5 - 10.

    Report: State power and its mechanism // # "#_ ftnref7" name \u003d "_ ftn7" title \u003d ""\u003e Lazarev Lipen

    On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District: Decree of the President on 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. Article 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 // Meeting of the legislation of the Russian Federation. 2010. N 4. Article 369.

    Ishekov, K.A. , Tyurin, P.Yu., Cherkasov K.V. Commentary on the Federal Law of October 6, 1999 N 184-ФЗ “On 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; Sasha. 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. P. 67

    Bartsits I.N. Constitutional and legal support of public administration reform // Constitutional and municipal law. 2007. - N 24. P. 68

    State power in Russia is exercised on the basis of separation into legislative, executive and judicial (Article 10 of the Constitution of the Russian Federation). Accordingly, government bodies are distinguished - legislative, executive, judicial, which are independent in their daily activities.

    Legislative bodies are representative and legislative institutions formed through elections. Their main task is lawmaking, but in addition to this, they perform other functions, for example, control the activities of the executive branch.

    Executive bodies are, as a rule, appointed bodies. The main task of executive authorities is to comply with the provisions of the Constitution, federal laws, and other regulatory acts. Executive bodies act on the basis of a combination of unity of command with collegiality.

    Judicial authorities administer justice. The activities of the courts are aimed at strengthening the rule of law and order, the prevention of crimes and other offenses, the task is to protect against any encroachment on the foundations of the constitutional system, human and civil rights and freedoms, other democratic institutions, enshrined in the Constitution. Courts are independent and subject only to the law. Proceedings in courts are open, legal proceedings are carried out on the basis of the adversarial process of the parties, and in cases provided for by federal law, with the participation of jurors.

    Each state body performing one of the three functions of state power interacts with other state bodies. In this interaction, they restrain each other. Such a relationship system is often called a system of checks and balances. It represents the only possible organization of 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 government bodies of the constituent entities of the Federation.

    The President of the Russian Federation is the head of state, that is, an official who occupies the highest place in the system of public authorities. The President of the Russian Federation does not belong to any of the three branches of state power. Fulfilling the tasks entrusted to him by the Constitution, the President ensures the necessary coordination of various branches of power, which allows the uninterrupted operation of the entire state mechanism.

    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 national 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 allows for more accurate consideration of the interests of the regions. Through the deputies, all citizens of the Russian Federation are represented through deputies, regardless of their place of residence.

    The Government of the Russian Federation is the highest executive authority. This is a collegial body with general competence, which carries out management of executive and administrative activities in the country. The Government of the Russian Federation includes the Chairman of the Government, the Deputy Chairman of the Government, federal ministers. The Chairman of the Government is appointed by the President of Russia with the consent of the State Duma.

    The judiciary 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, the following court system exists.

    1. The Constitutional Court of the Russian Federation, as well as constitutional (in the republics in
    composition of the Russian Federation) and statutory (in other constituent entities of the Russian Federation) courts with
    constitute a branch of the judiciary, which is a body of constitutional review, independently
    exercising judicial power independently and independently through constitutional proceedings
    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. Mid-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 relevant judicial district.