The central body of federal executive authority is exercised. The grounds for promotion are. Types of legal acts of management
26. Central federal authorities executive power
26. Central federal executive bodies.
Federal executive bodies are defined by the Decree of the President of the Russian Federation of September 22, 1998. “On the structure of federal executive bodies”.
Structure they are given in the Decree:
1. Government of the Russian Federation.
2. Federal Ministries (their 24 + ministry of taxes and fees). For example: Ministry of Internal Affairs, health care, foreign affairs; Russian culture; etc.
3. State committees of the Russian Federation (there are 13 of them): For example: on state reserves; on youth affairs; by physical culture and tourism.
4. Federal Commissions of Russia (2 of them): by the securities market; energy
5. Federal services of Russia (17 of them): For example: Foreign Intelligence Service; road service; tax police;
6. Russian agencies (3): Patent and Trademark Agency; space agency; FAPSI.
7. Federal Supervisions of Russia (2 of them): mining and industrial supervision; on nuclear and radiation safety.
8. Other federal executive bodies: Office of the President of the Russian Federation *; General Directorate of Special Programs for the President of the Russian Federation *; State Technical Commission under the President of the Russian Federation *; Committee on Conventional Problems of Chemical and Biological Weapons under the President of the Russian Federation *.
Some federal bodies of executive power, which are managed by the President of the Russian Federation in accordance with the Co Russian Federation, Federal Law Commission, Federal Law.
The legal status of the federal executive bodies is determined by: CoRF, Federal Law of the Russian Federation of December 17, 1997. “On the Government of the Russian Federation; provisions approved by the President of the Russian Federation or the Government of the Russian Federation (for example: the Regulation on the Ministry of the Interior of the Russian Federation was approved by a Presidential Decree, and the Regulation on the Ministry of Justice of the Russian Federation by the Government of the Russian Federation).
27. Executive authorities of the subjects of the Russian Federation.
The system of executive authorities of the constituent entities of the Russian Federation and the limits of their competence are determined by the Constitution of the Russian Federation, other legislative acts of the Russian Federation and government decrees, decrees of the President of the Russian Federation, as well as constitutions and charters of the subjects of the Russian Federation themselves, their other laws and sub-legal normative legal acts (resolutions and orders of managers). Among these bodies are bodies of general, sectoral and inter-sectoral competence. According to their functional purpose, name and other features, they are similar to the federal executive bodies.
In the composition of the governments - the administrations of the subjects of the Russian Federation are created and operate, in addition to their leaders, the following executive agencies:
ministries;
departments;
headquarters;
management;
committees;
services;
inspections;
departments.
The basics legal status executive authorities of the constituent entities of the Russian Federation, the procedure for their formation and staffing civil servants are governed by the Constitutions, charters, special laws - on the government, on the governor, on the administration, on the scheme of executive bodies, etc.
28. Executive authorities of the Republic of Belarus.
29. The division of competence in the field of management between the executive authorities of the Russian Federation and its subjects.
30. Local authorities government controlled and self.
31. Concept and types public service.
Public service is one of the types of official, socially useful, public activities. It is carried out on behalf of the state, on the basis of and in pursuance of the laws of the Russian Federation and the subjects of the Russian Federation - republics within the Russian Federation, territories, regions, autonomous region, autonomous circles. Public service carried out in all areas government controlled:
socio-cultural (education, culture, science, health care, social protection);
production and economic (industry, agriculture, trade, finance and credit, protection and reproduction natural resources, foreign economic activity);
administrative and political (defense, foreign and domestic affairs, security, justice).
The importance, social significance and value of civil service in the life of our state is predetermined by the fact that all aspects of this type of state activity are clearly enshrined in the Federal Law of the Russian Federation of July 31, 1995. “On the fundamentals of the state service of the Russian Federation" .. public servicerefers to professional activities to ensure the execution of the powers of state bodies; The civil service includes the federal public service, which is under the jurisdiction of the Russian Federation, and the state service of the subjects of the Russian Federation, which is under their authority.
Federal civil service is carried out in public positions in the Presidential Administration, the Government Office, the State Duma and the Council of the Federation of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Central Election Commission of the Russian Federation, and other federal bodies (ministries, state committees, etc.) and their territorial bodies and divisions.
The distinction between the two types of civil service mentioned, in addition to the territorial scale of its functioning, is determined by the difference in the sources of its financing: at the expense of the federal budget or the budget of the corresponding subject of the Russian Federation.
Thus, the public service characterized by three factors: continuity (constancy due to the continuity of executive and administrative activities in the implementation of Russian laws and ensuring the functions of the state), professionalism (it is provided by special professional training of personnel, carriers of public service) and sources of financing (if they are not from those mentioned in Article 3 of the Law, then this is a different type of social activity: public, commercial, municipal).
32. The concept and types of civil servants, the principles of official conduct.
Government employees is a citizen of the Russian Federation performing in accordance with the procedure established by federal law public office state service for monetary compensation paid from the federal budget or the budget of the relevant subject of the Russian Federation.
Classification:
The scale of the activities of the bodies: federal service. and subjects of the federation.
Features of the service: civilian, militarized.
According to the principle of separation of powers: employees lawmakers, execution, fate. authorities.
In terms of authority: officials and employees.
From the service life: for an indefinite period, for a certain time (+ test. Term).
From the requirements presented. to the level of education and prof. training: higher, major, leading, senior, junior.
Qualifying grades: ranks, classes, grades, ranks.
33. Legal acts on public service.
The Constitution of the Russian Federation (Defines official categories, their difference. Competence Preza, DG, Federation Council for the appointment and release of posts, etc.)
Federal Law "On the foundations of the HS of the Russian Federation." The legal basis of the HS, the legal gender of the G. employees, the order of passage of the HS. FZ - single base HS. Many new, what is the State. position, GS, G. employee, qualification rank. Increased requirements for individuals.
Other Federal Law. “On conscription”, “On the status of the military unit”, “On service in the Customs. bodies. Paul "On the passage of service in the tax. polits. "
Decrees of Prez RF. “About state. positions of the Russian Federation "," On approval of the lists of state. posts fader. state services ”, Paul-e on the certification of the federal state. employee, “About qualif. State requirements posts.
Subjects acts.
34. Basics of service organization.
35. Principles of public service.
Principles of public service - these are the statutory, mandatory provisions describing the basic duties and rights of public servants and the requirements imposed on them, which determine the practical organization and passage of public service.
The principles of public service are the basis for the organization and practice of all bodies. state authority; they reflect the most significant aspects of the organization and activities of the entire governing system of the country - the Russian state.
HS determine following principles:
The supremacy of the Constitution of the Russian Federation and federal laws over other regulatory legal acts, job descriptions in the performance of official duties by public servants and ensuring their rights.
The priority of the rights and freedoms of man and citizen, their direct action.
The unity of the system of state power, the delimitation of subjects of reference between the Russian Federation and the subjects of the Russian Federation.
Separation of legislative, executive and judicial power.
Equal access of citizens to public service in accordance with the abilities and training.
Binding for civil servants decisions made by higher state bodies and leaders within their powers.
The unity of the basic requirements for public service.
Professionalism and competence of public servants.
Publicity in the implementation of public service.
Responsibility of civil servants for prepared and made decisions, failure to perform or improper performance of their official duties.
Non-partisan government service, separation of religious associations from the state.
Stability of civil servants in government bodies.
36. Classification of public service positions in civil service.
1. Public civil service posts are divided into the following groups:
The highest state posts of public service (5th group);
Main public service positions (4th group);
Leading public positions of public service (3rd group);
Senior public service positions (2nd group);
Junior public service positions (1st group).
2. Public positions of public service are divided by specialization, providing for a civil servant to perform the duties of public office of a public service of one specialization of appropriate vocational education.
The specialization of state civil service posts is established depending on the functional characteristics of public civil service posts and the particular subject matter of the respective state bodies.
3. The qualification requirements for employees who fill public office in the civil service include the requirements for:
1) the level of vocational education, taking into account the group and specialization of public positions of public service;
2) experience and work experience in the specialty;
3) the level of knowledge of the Constitution of the Russian Federation, Federal laws, constitutions, charters and laws of the subjects of the Russian Federation in relation to the performance of relevant official duties.
4. Citizens applying for public office of state service must have:
1) for higher and main public service positions of the civil service - higher vocational education by specialization of public civil service posts or an education considered to be equivalent, with an additional higher professional education for specialization of public civil service posts;
2) for the leading and senior public positions of the civil service - higher professional education in the specialty "public and municipal government“either by specialization of public civil service positions or an education considered equivalent;
3) for junior state civil service posts - secondary vocational education on the specialization of public civil service posts or education, which is considered equivalent.
The decision to recognize education as equivalent is taken by the federal public service authority.
5. Other requirements for public office of the public service may be established by federal laws and laws of the constituent entities of the Russian Federation, as well as by regulatory acts of state bodies in relation to public servants of these state bodies.
37. Classification ranks of civil servants.
Civil servants may be assigned the following qualification grades:
Acting State Counselor of the Russian Federation of the 1,2 and 3 class - civil servants, replacing the highest state posts of civil service.
State Counselor of the Russian Federation of grades 1.2 and 3 - civil servants, replacing the main public service positions of the state.
Counselor of the Russian Federation of grades 1.2 and 3 - civil servants, replacing the leading public positions of public service.
Advisor to the civil service 1.2 I 3rd class - civil servants, replacing senior public office of the civil service.
Assistant of civil service in grades 1, 2 and 3 - civil servants, replacing junior state civil service posts.
For certain types of public service, in accordance with federal law, other types of qualification categories (military ranks, diplomatic ranks) are introduced.
Qualifying grades, ranks, ranks of civil servants indicate the compliance of the level of professional training of civil servants with the qualification requirements for civil service positions of the relevant groups.
For example, 10 class officials have been established for employees of the judicial authorities (a lawyer of 1,2,3 classes; a counselor of justice of 1,2,3 classes; a state adviser of justice of 1,2,3 classes; a state adviser of justice - the Minister of Justice of the Russian Federation). The same number of grades has been established for customs officers (customs inspector, rank 1.2.3; customs adviser, rank 1.2.3; state customs adviser, rank 1.2.3;
acting State Advisor of the Customs Service - Chairman of the State Customs Committee of the Russian Federation).
The procedure for assigning and maintaining qualification ranks is regulated:
federal civil servant - Regulations approved by the Decree of the President of the Russian Federation of April 22, 1996. No. 578;
Civil servants of the subjects of the Russian Federation - their laws on public service.
Replacing the highest state positions - the real state adviser of the Russian Federation of the 1,2 and 3 class.
Replacing the main government positions - State Counselor of the Russian Federation 1,2 and 3 class.
Replacing the leading public positions - Adviser of the Russian Federation 1,2 and 3 class.
Replacing senior government positions - Adviser of Civil Service 1,2 and 3 class.
Replacing junior government positions - assistant civil service 1,2 and 3 class.
38. Rights and obligations of public servants.
In accordance with the Constitution of the Russian Federation, civil servants, as citizens, have full civil rights and freedoms and bear the obligations stipulated by the Constitution. But the legal status of civil servants as carriers of state authority, ensuring the proper functioning of the relevant government bodies, predetermines the specificity of the relation of duties and rights of public servants, their social responsibility (in a broad sense) and legal responsibility, in particular. In this sense, for them, first of all, official duties, to which, naturally, service and personal rights must correspond (correspond). The well-known truth that the unity of rights and obligations is indivisible, that there are no rights without duties (as well as duties without rights) most convincingly characterizes the peculiarities of the legal status of a public servant, since his official duties and rights must first of all ensure his social efficiency. performance and social efficiency of a public authority that is represented by a public servant.
HS owes:
To provide support for the constitutional system and compliance with the Constitution of the Russian Federation and other federal laws and laws of the constituent entities of the Russian Federation, including those regulating the scope of its authority.
Honestly perform official duties.
Ensure the observance and protection of the rights and legitimate interests of citizens.
To execute orders, orders and instructions of supervisors in the order of subordination given within the limits of their official powers, with the exception of illegal ones.
Within the limits of their official duties, consider in a timely manner appeals of citizens and public associations, as well as enterprises, institutions and organizations, state bodies and local self-government bodies and take decisions on them in the manner established by federal laws and laws of the subjects of the Russian Federation.
To observe the internal labor regulations established in a state body, job descriptions, procedure for working with official information.
Maintain a qualification level sufficient for the performance of their duties.
Keep state and other secrets protected by law, as well as not disclose information that has become known to him in connection with the performance of his duties, affecting the private life, honor and dignity of citizens.
Provide information on taxable income and property.
39. Restrictions related to public service.
Specific official duties of a public servant are established by special laws (for example, in relation to judges, prosecutors, military personnel), statutes, job descriptions, internal labor regulations, orders, etc.
In connection with special duties government employees prohibited:
To be engaged in other paid activity, except pedagogical, scientific and other creative activity.
To be a deputy of the legislative (representative) body of the Russian Federation, legislative (representative) bodies of the constituent entities of the Russian Federation, local governments.
Engage in business activities personally or through proxies.
To be a member of the governing body of a commercial organization, unless otherwise provided by federal law or if, in accordance with the procedure established by federal law and the laws of constituent entities of the Russian Federation, he is not tasked to participate in the management of this organization.
To be an attorney or representative for third parties in a state body in which he is in the public service or who is directly subordinate to or directly controlled by him.
To use material, technical, financial and information support means, other state property and proprietary information for non-service purposes.
Receive fees for publications and performance as a public servant, performed in the order of performance of official duties.
To receive from individuals and legal entities remuneration (gifts, cash remuneration, loans, services, entertainment, leisure, travel expenses and other remuneration) related to the performance of official duties, including after retirement.
To accept awards, honorary and special titles of foreign states, international and foreign organizations without the permission of the President of the Russian Federation.
Travel abroad on business trips at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with international treaties of the Russian Federation or on a reciprocal basis by agreement of federal government bodies and state authorities of constituent entities of the Russian Federation with foreign state bodies, international and foreign organizations.
Take part in strikes.
Use their official position in the interests of political parties, public, including religious, associations to promote attitudes towards them. The structures of political parties, religious and public associations, with the exception of trade unions, cannot form in state bodies.
40. Encouragement and responsibility of public servants.
Civil servants bear prescribed by applicable law legal liability:
Disciplinary - as subordination (remark, reprimand, severe reprimand, warning about incomplete official compliance) Art. 14 of the Act of July 31, 1995.
Administrative - in accordance with the legislation on administrative offenses.
Civil (material) - in accordance with the Civil Code of the Russian Federation and the Labor Code of the Russian Federation.
Criminal - in accordance with the Criminal Code. Execution of unlawful orders of the head does not relieve the civil servant from liability in connection with the exercise of official authority. In case of doubts about the legality of orders, a public servant has the right to demand written confirmation of the correctness of the received order from the immediate or superior manager and the right to refuse to carry out an act entailing administrative or criminal liability.
Promotion of public servant - It is a form of public recognition of merit, the provision of honor to him, which has great moral value and entails certain legal, including material advantages.
The grounds for promotion are:
Successful and conscientious performance of official duties;
Long and at the same time flawless service;
Performance of tasks of special importance and complexity.
In accordance with the Regulations on the State Inspectorate for the HS, there may be applied: 1) one-time monetary incentives; 2) a declaration of gratitude with monetary incentives; 3) awarding a valuable gift; 4) the assignment of an honorary title; 5) awarding orders and medals. + early assignment of rank, class, rank.
41. Warranties for civil servants.
The performance of civil servants by responsible multifaceted functions is stimulated by law. warranties, among which:
Working conditions, ensuring the performance of official duties.
Money maintenance and other payments provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of subjects of the Russian Federation.
Annual paid vacation.
Medical care for him and his family members, including after his retirement.
Retraining (retraining) and professional development with preservation of cash for the period of study.
Obligation to obtain his consent to transfer to another public office of public service, except as required by federal law.
Pension benefits for years of service and pensions for family members of a public servant in the event of his death due to the performance of official duties.
Mandatory state insurance in case of injury to health and property in connection with the performance of official duties.
Mandatory state social insurance in case of illness or disability during his civil service.
Protecting him and his family members from violence, threats and other illegal actions in connection with the performance of official duties.
Providing in the prescribed manner of official vehicles.
42. Admission and finding in public service.
Citizens of the Russian Federation who have reached the age of 18, have professional education, speak the state language and meet the above qualifying requirements have the right to enter the civil service. Not allowed restrictions, except in the following cases, under Part 3 of Art. 21 of the law of July 31, 1995 .:
Confessions of a citizen as incapable or limited in legal capacity.
Depriving him of the right to hold public office in the civil service.
The presence of the disease, impeding the performance of duties of the post.
Refusal to undergo the procedure for issuing a special permit to work with documents that constitute state or legally protected secrets.
Close kinship or properties (parents, spouses, brothers, sisters, children, as well as brothers, sisters, parents and children of spouses) with a public servant, if their service is related to the direct subordination or control of one of them to the other.
The presence of citizenship of another state, if access to public service is not regulated by international agreements.
Refusal to submit information on taxable income and property.
personal application;
identity document;
employment record;
documents about vocational education;
a certificate from the state tax authorities on the submission of information on property status;
medical report on the state of health.
Civil servants to a public office of category “B” and a public office of the 1st group of category “B” are accepted in the order of appointment; to state public service positions of category “A” - as a rule, they are elected or appointed with the consent of the representative body of state power (the Chairman of the Government of the Russian Federation and his first deputies, the first deputy heads of the executive authorities of the subjects of the Russian Federation); for public service positions of the 2, 3, 4 and 5th groups of category “B” - are accepted based on the results of the competition.
The “first” persons of the state authorities of the subjects of the Russian Federation are elected (governor, head of administration).
Registration for public service is made on the basis of an employment contract concluded for an indefinite period or for a period not exceeding 5 years.
The competition is organized and conducted according to the rules established by special regulatory and legal acts.
The competition can be held in the form of a competition of documents (by the position of the 2nd group) or a competition - tests (by the posts of the 3rd, 4th and 5th groups).
Competition commissions shall be established in coordination with the Council for Civil Service Issues of the representative and executive bodies of state power, having the right to admit and dismiss the relevant government officials.
The contest-test is conducted by the state competitive commission and may include passing tests on the relevant public service of public service and ends with the state qualification exam.
The decision on the results of the competition is issued by order (decree) of the head of the state authority or the head of the structural unit.
For a citizen who was first accepted into the civil service, or when translated into a group or specialization, a test of up to 6 months is established, the result of which may be:
leaving the public service;
transfer to a previous or other job (with his consent);
dismissal (in case of refusal to transfer).
Collecting and entering into personal files and registers of civil servants information about their political and religious affiliation, private life is prohibited.
Information on government awards and other incentives is entered in the workbook of a public servant.
Organizational provision of public service is carried out at the federal level and in the regions of the Russian Federation. Under the President of the Russian Federation, the Public Service Council operates.
43. Certification of civil servants.
Certification of civil servants carried out in order to determine the level of their professional training and to check the conformity of public servants to their public positions. Ultimately, certification is designed to contribute to the improvement of the activities of public authorities in the selection, improvement of professional training and placement of personnel. At certification, the issue of assigning civil servants qualification grades is resolved.
Certification is carried out no more than once every two years, but not less than once every four years. For its implementation, an attestation commission is being formed, its work schedule and civil servants to be certified are determined.
The attestation commission is created by the head of the relevant state authority and, in addition to employees of personnel and legal services, may include a representative of the relevant trade union body and an independent expert.
The procedure for certification is established by federal laws and laws of subjects of the Russian Federation.
The provision on certification of a federal public servant was approved by Decree Prez of the Russian Federation of March 9, 1996. No. 353.
44. Grounds for termination of public service relations.
The public service is terminated in accordance with labor legislation, incl. due to retirement. In addition, at the initiative of the head of the state body dismissal public servant may be produced in the following cases:
Achievement of the age limit established for them to fill the public office of public service.
Termination of citizenship of the Russian Federation.
Failure to comply with the duties and restrictions established for a public servant by this Federal Law.
Disclosure of information constituting state and other secrets protected by law.
The emergence of other circumstances stipulated by paragraph 3 of article 21 of the Law of July 31, 1995
Extension of stay in the civil service of a public servant who has reached the age of 65 years is not allowed. After reaching the specified age, he can continue to work in state bodies on the terms of a fixed-term employment contract.
45. The concept and types of administrative legal forms.
ACE - outwardly expressed action of the executive body (officer), carried out within its competence and causing certain consequences.
Classification:
1. according to the degree of legal expression: basic and based legal acts.
2. according to the achieved results: positive regulation and reaction to negative phenomena
3. by orientation: internal and external
4. according to legal content: prescriptive, prohibitive and permissible,
by volume: obligatory and addressed to a specific object
under the terms of use: normal total life and state of emergency / martial law.
46. Legal acts of executive bodies: concept, legal meaning, difference from legal acts of other state bodies and official documents.
PAOIV are subordinate, unilateral, legally - authoritative instructions of state bodies (officials), with the help of which the goals and specific tasks of executive and administrative activities are realized.
Features of acts of government:
bylaws;
compulsory execution;
imperiousness;
they are legal in nature.
Often they have applications (plans, instructions, regulations, norms) that allow the act itself to be made more accessible and more real.
Sometimes published in simplified writing (resolutions, memos).
Sometimes they are taken orally (in the military administration system this is typical).
Some acts of management have a tacit (silent, sign) form of expression (road sign, designation of prohibited zones, sections).
1. From the law - the fact that the law may change, repeal or suspend any other act; In this, the under-law of acts, and in the order of adoption of acts and laws, is vividly expressed.
2. From judicial acts. Judicial acts are taken in connection with specific violations of legal norms, are the result of the consideration of specific cases and do not establish new rules of conduct; acts of management - contain the rule of law.
3. From the acts of the prosecutor's office. Acts of the prosecutor's office are associated with specific violations of the law, they do not address the issues of day-to-day management of the country's social processes.
Courts and prosecutors do not enforce law, and law enforcement, law enforcement.
4. From civil contracts (transactions). These transactions are the result of the agreement of two or more parties. The acts of management are one-sided, state-governmental regulations of specific state bodies or their officials. Both parties are responsible for the illegal conclusion of a civil law transaction, and the one who issued it is responsible for the illegal adoption of an act of government.
5. From acts of public associationswhich are acts of non-state, as a rule, do not have general binding, and imperatives only within the public organizations themselves. Acts of government are authoritarian, i.e. one-sidedly imperious and in some cases obligatory for public organizations.
6. From legal and official documents, from logistical, organizational and managerial actions - all these documents do not contain legal norms, although they have legal value (passport, diploma, certificate, certificate, memorandum, audit certificates, protocols).
47. Types of legal acts of management.
There are acts of management normative, general standard, individual, mixed.
There are acts of management general, special, sectoral, interdisciplinary competence. General competence is the strongest in terms of legal force.
By action in space: federal acts, subjects of the Russian Federation, local acts.
On the bodies issuing acts of government: acts of the federal government, the government of the subjects of the federationthey have the right to issue decrees and orders. A decree is a normative act adopted on a collegial basis at government meetings. The order is an act with the purpose of a one-time resolution of a particular issue. The order usually does not contain legal norms and is adopted unanimously. Acts of ministries, state committees, departments - issue orders and instructions. Orders are acts of unified management, addressed to subordinate bodies, containing an individual prescription detailing legal norms, and orders can be both normative and non-normative
48. Administrative legal contract.
ADF - not used in legislation. The concept of theoretical, unexplored.
Relationship between the Russian Federation and the subjects of the Russian Federation.
APD is 1) Contracts of mixed type, within which administrative and legal elements are manifested partially or along with legal instruments used by other branches of law.
2) Contracts of executive bodies with him. subjects about the implementation of their subjective rights.
3) Contracts m / y from various subjects of IW regarding the scope of authority for its practical implementation. APD - do not generate specific legal relations, do not change acts of IW, they are not a means of controlling influence.
49. The effect of legal acts of management.
50. Requirements for legal acts of management.
Acts of management must comply with the tasks and functions of state power at the appropriate stage in the development of statehood and socio-economic transformation. And most importantly - the Constitution of the Russian Federation, the Federal Law of the Russian Federation, the Federal Law of the Russian Federation, Decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, laws of the subjects of the Russian Federation, resolutions of their heads (governments), etc. The condition for the legality of acts of management is their compliance primarily with the above basic requirement. Social efficiency of management acts is connected with this, which is predetermined by the timeliness of issuing acts, the fullest possible correspondence to the interests of society, the state, and citizens; the quality of acts, the organization of performance and their enforceability (reality).
The acts of management are subject to the content and form, the order of adoption and enforcement and action, cancellation, modification and suspension. In other words, the requirements are divided into general, special and organizational-technical.
1. General requirements
They must be legal, i.e. comply with the laws (the Constitution of the Russian Federation, etc.), i.e. issued for the purposes that the law had in mind.
They must be published by authorized organizations and officials.
They must be issued in the manner prescribed by law (collectively or individually), within the competence of the body or officials.
They must be issued in the form prescribed by law - in written or oral form (decree, order).
They should be economically sound, i.e. their publication must take into account the economic conditions of their feasibility.
The act must take into account the deadlines for its adoption.
If necessary, the act must be agreed: the resolution of the governor on the fight against epidemics and epizootics - with medical service, the order of the director of the plant - with the financial department.
If necessary, the sequence (sequence) in the publication of the act should be observed (the seal can be issued to the public association only after it is registered with the justice authority; also with a checking account).
The act must be drawn up competently legally and literary, set out in clear and precise language.
The act must be culturally executed using office equipment, without corrections, deletions; on a form with an angle stamp or stamp.
The act must be signed.
The act, as a rule, must specify the time and order of enforcement.
The act, as a rule, must specify the procedure for exercising control over the execution of this act of management.
In 1704 Peter I formed the Cabinet of His Imperial Majesty. After his death, Catherine I renamed it the Cabinet of Her Imperial Majesty. In subsequent years, this body was called both the Cabinet of Ministers and the Committee of Ministers, but its essence did not change - it was an advisory board under the emperor.
And only 200 years later, in 1906, Nicholas II transformed this board into the first Russian government - the Council of Ministers, an independent body of state power.
What are the signs of government?
1. Its creation, competence is stipulated by the country's constitution and (or) by a special law.
2. It heads the public administration system. 3 It is a body of general competence.
4. It has the right to act, issue acts on its own behalf.
5. This is a collegiate body.
6. Government work is headed by the head of state (monarch, president) or parliament.
The legal status of the Russian Government is now regulated by the Constitution, adopted in 1997 by the Federal Constitutional Law “On the Government of the Russian Federation”, other laws, and also decrees of the President of Russia.
In accordance with the Constitution, the Government is a collegial, central, federal executive body of general competence, subordinate to the President. It consists of the Prime Minister, his deputies and federal ministers. The chairman is appointed by the President with the consent of the State Duma, which is to consider a proposal for a candidate within a week.
At the suggestion of the Prime Minister, the President appoints other members of the Government. And the President appoints the ministers of defense, internal affairs, and foreign affairs, without coordinating their candidacies with the State Duma.
The Constitution does not establish the size of the Government. In fact, this is done by the President, who decides on the number of deputy chairmen, the creation and liquidation of federal ministries.
The government itself determines who can be its permanent member in an advisory capacity. By a decree of June 8, 1999, this right was granted to the Chairman of the Central Bank, President of the Russian Academy of Sciences, heads of interregional associations of heads of subjects in the Russian Federation.
The government in Russia has operated continuously for more than 90 years, although its constitutional status, size, and personnel have changed several times. And when the Constitution, legal acts, the literature speaks of his resignation, resignation, dispersal, we are talking about stopping the work of this personnel of the collegial body that heads the country's executive power.
The Constitution does not establish the term of operation of the Government of Russia, but establishes two forms of termination of its activities - the resignation and resignation.
After the election of the President, the Government abdicates his duties, but on his instructions continues to act until a new one is created.
The Constitution provides for the possibility of the resignation of the Government. In all cases, it collectively resigns only after the President has adopted an appropriate decree. It is obvious that the President also has the right, on his own initiative or on the personal statement of a member of the Government, to dismiss him or simply dismiss him.
Unfortunately, the current legislation does not sufficiently regulate the procedure for the resignation of the Government. It seems that federal law should oblige the President to inform both chambers of the Federal Assembly in a timely manner about the proposed resignation and to motivate his decision.
In Art. 3 of the Law on the Government formulated the basic principles of the Government: the rule of law, democracy, federalism, separation of powers, responsibility, publicity, ensuring human rights and freedoms. It is easy to notice that we are talking about general principles Executive activities:
Lawfulness (ensuring human rights and freedoms, supremacy of law);
Democracy (democracy, publicity, separation of powers, responsibility);
Federalism
Unfortunately, the law does not mention the principle of expediency, efficiency of activity. But in fact, he is recognized by all. If any state authority is an instrument, a means to achieve socially useful goals, then the Government is the main instrument for the implementation of constitutional norms, the implementation of the main directions of domestic and foreign policy of the state. As the central federal executive body of general competence, it is vested with broad powers in all areas of the life of the country. It is responsible for ensuring the rights and freedoms of citizens, the state of the economy, the implementation of social policy, ensuring the safety of citizens, society, the state, the state of international relations of Russia. .
I. The government develops projects for major economic development programs, actively influences economic processes, contributes to strengthening the monetary and credit systems, pursues a uniform pricing policy, creates conditions for free enterprise on the basis of a rational combination of all forms of ownership, organizes rational use of natural resources, manages federal property. It develops and submits the federal budget to the State Duma and ensures its implementation.
Ii. The government prepares social development programs, ensures that Russian Federation unified state policy in the field of culture, science, education, health, social welfare, ecology. Along with general social issues, the Government solves specific issues of support for socially least protected groups of the population, as well as the unemployed, internally displaced persons, refugees, “Chernobyl victims” and other victims of extreme situations.
Iii. An important direction of the Government’s activities is the implementation of measures to ensure the rights and freedoms of citizens, the strengthening of the rule of law, the protection of property and public order, and the fight against crime. The government is obliged to ensure the defense of the country, its state security. It is entrusted with the management of relations of Russia with foreign countries and international organizations, the provision of foreign economic activity, scientific, technical and cultural cooperation.
Comparing the texts of art. 114 of the Constitution of Russia regulating the powers of the Government, and Art. 71, 72, defining exclusive and joint federal competence, it is easy to verify that the Government is responsible for the implementation of the tasks that the Constitution refers to the competence of the Federation. Thus, in accordance with Art. 71 The Federation, and therefore its Government, protects the rights and freedoms of a person and citizen, manages federal property, carries out financial, monetary, credit, customs regulation, manages federal energy systems, communications and transport, space activities, defense production, meteorological service, standardization, geodesy and cartography, state statistical and accounting, etc. In accordance with Art. 71 of the Constitution of the Russian Federation, the Customs Code, federal laws, the Government establishes the size of import and export customs duties, accounting rules, standards, norms and rules of clothing support for military personnel, employees of the Ministry of Internal Affairs and many other federal rules and tariffs.
The Government of Russia does a great deal of work on subjects of joint jurisdiction of the Federation and the subjects of the Federation named in Art. 72 of the Constitution of the Russian Federation. These are issues of ownership and use of land, mineral resources, water and other resources, environmental protection, historical and cultural monuments, upbringing, education, science, culture, physical culture and sports, health care, protection of the family, motherhood, fatherhood and childhood, social protection, including social security.
The tasks entrusted to the government are carried out directly or through the bodies under its jurisdiction. The central federal executive bodies of special competence are subordinate to the government 1. It directs their work, gives them instructions, establishes the maximum number of employees of the central apparatus and the size of the appropriations for their maintenance. The Prime Minister submits proposals to the President on the appointment of heads of central federal executive bodies, and the Government appoints their deputies. In addition, it adopts a provision on each central federal executive authority 2, asserts its structure, the composition of the board.
The government oversees the activities of the federal executive bodies, it can repeal the acts adopted by them. It has the right to create commissions, committees, centers and other bodies directly subordinate to it and appoint their leaders.
In its many-sided daily activities, the Government relies not only on the central federal bodies, but also on the executive authorities of the subjects of the Federation. Unfortunately, the legislation in force in this area cannot be called complete and clear, and this gap must be eliminated.
Government plenary meetings are held regularly, at least once a month, a meeting is considered eligible if at least two thirds of the members of the Government are present. Decisions are made by majority vote. The Chairman of the Government leads the meetings, and in his absence - one of his first deputies.
In order to promptly resolve emerging issues, the Government will form a permanent body - the Presidium. It includes: the Chairman of the Government, his deputies, the ministers of finance, economy, foreign affairs, defense, internal affairs, the head of the government staff and other persons.
The chairman organizes the work of the Government: forms the Government, offers the President candidatures for the positions of his deputies and federal ministries, distributes duties between his deputies, determines the main directions of the Government’s activities, plans its work, convenes and manages the meetings of the Government and its Presidium, and questions the release individual members of the Government of the post. The chairman may ask the State Duma the issue of trust in the government.
The government, as well as its Presidency, make decisions. In urgent cases, the Chairman of the Government issues orders on his behalf. Government regulations come into force throughout Russia at the same time seven days after their official publication, unless otherwise provided for in them. Resolutions and orders of the Government are subject to official publication in the Meeting of the legislation of the Russian Federation. They are entitled to cancel the President if they are contrary to the laws.
Control and preparatory work, the economic support of the Government's activities is carried out by its apparatus. The chief of staff is appointed by the President, and he is a member of the Government by appointment.
In conclusion, it should be noted that in the management of the executive power the President has the most important powers. The government is completely subordinated to him: the President forms him, determines the content of his activities, can dismiss, repeal his acts, influence his activities in other ways. Constitutional norms do not allow the President to be considered the head of the legislative and even more so of the judiciary, although the head of state has certain powers with respect to each of them, but they are not as great as his powers to manage the executive power. Actually and legally the President is the head of the executive.
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1. The concept and main features of the executive authority. Types of executive bodies. Their system. Central federal executive bodies of special competence. Territorial federal bodies. Executive authorities of the subjects of the Russian Federation.
The executive authority is a state institution with relative autonomy, a structural organization endowed with executive powers of an executive and administrative nature and operating within a certain territory.
Signs ofexecutive authority:
* is an public institution;
* together with the legislative and judicial authorities included in the system of public authorities (state apparatus);
* empowered state-imperious character;
* solves the tasks defined by the state;
* has the appropriate competence;
* the activity is of executive and administrative subordinate nature;
* the activity is carried out by an organized group of people (civil servants);
* carries out management activities on the basis of subject specialization;
* carries out activities in various forms (lawmaking, law enforcement, contractual);
* has a wide arsenal of tools, ways to carry out activities;
* has an internal organization structure;
* endowed with administrative legal personality;
* valid within a certain territory;
* controlled and accountable on certain issues to representative bodies, as well as to higher executive bodies.
Administrative legal personality(legal capacity - capacity) of the executive authorities arises from the moment of the publication (acquisition of legal force) of a legal act on their education, fixing the competence; terminated due to their liquidation.
On the basis of the federative deviceexecutive bodies are divided into:
Federal executive authorities (Government of the Russian Federation, federal ministries, federal services, federal agencies, etc.);
Executive authorities of the constituent entities of the Russian Federation (government, administration and their separate structural units in the constituent entities of the Russian Federation).
By territorial scale of activityexist:
Federal executive authorities that operate on the scale of the Russian Federation;
Territorial bodies of federal executive bodies, which are created by federal executive bodies to exercise their powers on a scale federal district, subject of the Russian Federation, municipality;
The executive authorities of the subjects of the Russian Federation, which carry out their activities on the scale of the subject of the Russian Federation.
By the nature of competence:
Executive authorities of general competence, which carry out their functions in relation to all sectors and spheres of public administration (government, administration of territories, regions);
Executive authorities of sectoral competence in charge of any branch of management (ministries and other sectoral executive authorities);
The executive authorities of interdisciplinary competence, which in their field of activity coordinate the activities of other executive authorities (federal ministries; federal services);
The executive authorities of special competence that carry out regulatory, permissive, control and supervisory functions in various areas of government (federal services).
According to legal formsthe following executive bodies are distinguished: governments, ministries, state committees, committees, commissions, services, oversight agencies, agencies, administrations, mayors, inspectorates, general administrations, departments, departments, centers, divisions, etc.
In order and method of education -created by the executive authorities, which are formed in the executive and administrative order on the basis of the law-enforcement act (the overwhelming majority of the executive authorities), and elected, which are formed on the basis of direct or indirect expression of the will.
By order of resolution of questions -single-minded, in which their jurisdictional issues are resolved solely by the head of the body (ministry, office, department), and collegial, in which most of the subordinate issues, the most important, are discussed and adopted collectively (Government of the Russian Federation).
By source of funding -budget financing - they operate on the basis of funds allocated from the corresponding budget, and mixed financing - they operate on the basis of both budget funds and funds received from business and other commercial activities. Korenev A.P. Administrative Law of Russia: Textbook in 3 parts. Part 1. M .: MA of the Ministry of Internal Affairs of Russia, 2000. P. 3.
Into the system federal executive bodies include federal ministries, federal services and federal agencies.
The Ministry is a federal executive body that performs the functions of state policy development and legal regulation in the field of activity established by the acts of the President of the Russian Federation and the Government of the Russian Federation. The Federal Ministry is headed by the RF Minister (Federal Minister) who is a member of the Government of the Russian Federation;
The State Committee is a federal executive body that, in the field of activity established for it, performs the functions of state policy development and legal regulation, control and supervision, provision of services and state property management, if provided for by the provision on the said federal executive body.
The Federal Service is a federal executive body that performs the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the state border of the Russian Federation, the fight against crime, public security. The Federal Service is headed by the head (director) of the Federal Service. The Federal Service for Supervision in the established area may have the status of a collegial body;
A federal agency is a federal executive body that performs functions in the established area of activity public services, state property management and law enforcement functions of control and supervision. The federal agency is headed by the head (director) of the federal agency. A federal agency may have the status of a collegial body.
Currently in Russia there are several organizational and legal forms of central federal executive bodies:
1) the Ministry of the Russian Federation;
2) State Committee of the Russian Federation; RF Committee, Federal Service, Russian Agency;
3) inspections, commissions, centers under the Government of the Russian Federation;
4) other organs.
As a rule, the central bodies of the federal executive authority are formed by the President of the Russian Federation and are endowed with special competence, they direct the branches or spheres of administration entrusted to them and are branch-wise inter-branch (functional) or mixed competencies.
The central bodies are directly subordinated to the Government (some are subordinated directly to the President). Heads of central executive bodies are appointed by the President of the Russian Federation. The legal basis for their activities are the laws, acts of the President and the Government, as well as special provisions for each of the central bodies, which are approved by the President of the Russian Federation or the Government.
As a rule, each central body of the federal executive authority heads a certain department, performs the functions of its center, headquarters, ensures the fulfillment of all production and along with them economic, environmental, social tasks before the department.
Federal administrative departments can be federal and joint. General federal branches are represented by branches and spheres of activity that are completely under the jurisdiction of federal agencies (Ministry of Defense, State Customs Committee, etc.). The central bodies of federal departments manage subordinate branches, management spheres, both directly and through territorial federal bodies, which are subordinate only vertically to their departmental centers and maintained at the expense of the federal budget. In other words, in the system of the federal agency all the bodies are federal.
Joint federal agencies have been established to streamline activities in those branches and areas of government that are under the joint jurisdiction of the Russian Federation and its subjects. The central bodies of joint departments manage the subordinate branches partially, directly, but mainly through republican, regional, territorial, district, city (Moscow and St. Petersburg) bodies. And republican, territorial, regional, district, city authorities are in double subordination: they are subordinated vertically to the central body of the federal executive authority, and horizontally to the government of the republic or the relevant administration. Horizontal submission is linear, vertical - functional.
In joint departments, the federal center exercises general leadership, and the direct management of branches and areas in the territories of the Federation's subjects is the business of their bodies. Joint federal agencies include, for example, the Ministry of Health, the Ministry of Finance, and the Ministry of Culture.
The Ministry of the Russian Federation is a federal executive body that conducts state policy and exercises control in the established field of activity, as well as coordinating the activities in this area of other federal executive bodies.
Federal ministries are central single-minded bodies and, as a rule, industry-specific. The ministry is solely headed by the minister, who is ex officio member of the government, issues orders, and distributes duties among his deputies. In the ministries there are advisory bodies - collegiums, which, as a rule, consist of senior officials of the ministries. The chairman of the board is the minister, her decisions are carried out by his orders.
Other central bodies are called state committees, committees of the Russian Federation, federal services, supervision, inspections, and Russian agencies.
As a rule, these are bodies of functional or mixed competence, endowed with powerful inter-sectoral powers, engaged in inter-sectoral coordination, control, and other inter-sectoral functions. The State Committee is headed by its chairman, who is not officially a member of the Government. Only in isolated cases when the status of a committee is equal to the status of a federal ministry, and its chairman is equal to the status of a minister, the chairman is part of the government.
Committees take decisions on their competence, and their chairmen - orders, instructions. Decrees are interdepartmental acts, while acts of the chairman are issued on internal issues.
There is another group of central federal bodies: committees, commissions, centers and other bodies under the Government of the Russian Federation. They are formed, reorganized, abolished on the basis of a government decree that appoints their leaders. An example is the State Inspectorate for the Provision of a State Monopoly on Alcohol Products under the Government of the Russian Federation.
Territorial federal executive bodies are included in the system of executive authorities of the Russian Federation and carry out executive and administrative activities within a certain territorial entity (federal district, subject of the Russian Federation).
Territorial federal executive authorities, depending on interaction with the executive authorities of the constituent entities of the Russian Federation, are divided into territorial federal bodies supervised by the executive authorities of the constituent entities of the Russian Federation, and territorial federal bodies interacting with the executive authorities of the constituent entities of the Russian Federation.
The territorial federal executive bodies interacting with the executive authorities of the constituent entities of the Russian Federation include the bodies of the Ministry of the Russian Federation for civil defense, emergency situations and natural disasters; Ministry of Internal Affairs of the Russian Federation; Federal Tax Service; Federal Customs Service; Federal Security Service, etc.
Under the executive branch of the Russian Federation the set of executive bodies that carry out state activities within the framework of a competence defined by law on the territory of one of the constituent entities of the Russian Federation in cooperation with other government authorities and local governments is understood.
The system of state authorities of the constituent entities of the Russian Federation is determined by them independently in accordance with the fundamentals of the constitutional system established in ch. 1 of the Constitution of the Russian Federation The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993) (with amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation No. 6-FKZ of December 30, 2008 No. 7-FCL of December 30, 2008) // Meeting of the legislation RF. - 2009. - № 4. - Art. 445. and the following general principles provided for by the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” Federal Law of October 6, 1999. №184-ФЗ “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (as amended. From 30.11.11.) // Collected Legislation of the Russian Federation .- 1999- №42.- Art. 5005.: state and territorial integrity of the Russian Federation; the extension of the sovereignty of the Russian Federation throughout its territory; supremacy of the Constitution and laws of the Russian Federation throughout its territory; unity of the state power system; the separation of state power into legislative, executive and judicial; delimitation of competences and authorities between the state authorities of the Russian Federation and the state authorities of the subjects in it; independent implementation by state authorities of the subjects of their authority; independent exercise of their powers by local governments.
The system of bodies of state power of the subject of the Russian Federation consists of: legislative (representative) body of state power of the subject of the Russian Federation; the highest executive body of state power of the subject of the Russian Federation; other state authorities of the subject of the Russian Federation, formed in accordance with the constitution (charter) of the subject of the Russian Federation. This act may establish the position of the highest official of the subject of the Russian Federation. Administrative law of Russia. Popov LL, Migachev Yu.I., Tikhomirov S.V. 2nd ed., Pererab. and add. - M .: Prospectus, 2010. - p.214-215.
In each subject of the Russian Federation, a system of executive bodies is established headed by the highest executive body of the state of a constituent member of the Russian Federation, headed by the head of such a body. Now Russia is the world leader among the states with a federal structure in the number of subjects of the federation.
2. The concept of public servant and public service. Duties and civil servant rights
State civil service of the Russian Federation - professional service activities of citizens in the positions of the state civil service of a subject of the Russian Federation to ensure the execution of the powers of a subject of the Russian Federation, as well as the powers of state bodies of a subject of the Russian Federation and persons replacing government posts of a subject of the Russian Federation.
State employee - a citizen of the Russian Federation, occupying a public office, endowed with relevant rights and duties, performing the functions of a state body on a paid basis.
In accordance with the Federal Law "On State civil service Of the Russian Federation ”Federal Law of July 27, 2004 No. 79-ФЗ“ On the State Civil Service of the Russian Federation ”(as amended on December 6, 2011) // Meeting of the Legislation of the Russian Federation. - August 2, 2004, No. 31. - Art. 3215. a citizen of the Russian Federation who has assumed obligations for civil service is recognized as a civil servant. A civil servant carries out professional service activities at civil service positions in accordance with the act of appointment and with a service contract and receives money from the federal budget or the budget of a constituent entity of the Russian Federation.
This Federal Law defines the legal status (status) of a civil servant. The structure of the status of a civil servant consists of service rights, duties and responsibilities established by law.
A civil servant has the right to:
· Ensuring the appropriate organizational and technical conditions necessary for the performance of official duties;
· Familiarization with the job regulations and other documents defining his rights and obligations for the civil service position being replaced, criteria for evaluating the effectiveness of the performance of official duties, performance indicators of professional service activities and conditions for job growth;
· Rest provided by the establishment of a normal duration of work time, the provision of days off and non-working holidays, as well as annual paid main and additional holidays;
· Remuneration and other payments in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and with a service contract;
· Obtaining, in the prescribed manner, information and materials necessary for the performance of official duties, as well as to make proposals for improving the activities of the state body;
· Access in the prescribed manner to information constituting a state secret, if the performance of official duties is connected with the use of such information;
· Access in the prescribed manner in connection with the performance of official duties in state bodies, local governments, public associations and other organizations;
· Familiarization with reviews of his professional performance and other documents before putting them in his personal file, materials of his personal file, as well as adding his written explanations and other documents and materials to the personal file;
· Protection of information about a civil servant;
· Job growth on a competitive basis;
· Professional retraining, advanced training and internship in the manner prescribed by this Federal Law and other federal laws;
· Membership in a trade union;
· Consideration of individual service disputes in accordance with this Federal Law and other federal laws;
· Carrying out according to its application the office check;
· Protection of their rights and legitimate interests in the civil service, including an appeal to the court of their violation;
· Medical insurance in accordance with this Federal Law and the Federal Law on health insurance civil servants of the Russian Federation;
· State protection of their life and health; life and health of family members, as well as property belonging to them;
· State pension provision in accordance with federal law.
A civil servant is entitled, with prior notification to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest.
A public servant is required to maintain the level of qualification necessary for the proper performance of official duties. He must also:
· Not to disclose information constituting state and other secrets protected by federal law, as well as information that became known to him in connection with the performance of official duties, including information relating to the private life and health of citizens or affecting their honor and dignity;
· To provide, in the prescribed manner, information provided by federal law about themselves and their family members, as well as information about the income received by it and property belonging to it by right of ownership, which are objects of taxation, property-related obligations (hereinafter - information about income, property and obligations) property); to report on the renunciation of citizenship of the Russian Federation or on the acquisition of citizenship of another state on the day of the renunciation of citizenship of the Russian Federation or on the day of acquisition of citizenship of another state;
· Comply with restrictions, comply with obligations and requirements for official conduct, do not violate the prohibitions established by this Federal Law and other federal laws.
3. A high school 9th grade student Khaybulin decided to prepare for entering the university. He wrote an application addressed to the head of the preparatory courses of the institute, in which he asked to take him on courses from October 1, 2009. The head noted that the application must be written in the name of the rector; in addition, a 16-year-old citizen is not fully capable, and his parents (trustees, adoptive parents) must write a statement. Haybulin did not agree with this and decided to complain on the actions of the head of the department
Solve this legal situation.
Answer:
Based on paragraph 2 of Art. 50 of the Law of the Russian Federation "On Education" Law of the Russian Federation of 10.07.1992 No. 3266-1 (as amended on 02/28/2012) "On Education" // Collection of Legislation of the Russian Federation .- 15.01.1996.- № 3-st. 150. Adult citizens of the Russian Federation have the right to choose an educational institution and the form of education. The head has not violated the law, including art. 5.57 Code of Administrative Offenses of the Russian Federation Code of Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on March 1, 2012) // Meeting of the Legislation of the Russian Federation .- January 7, 2002- No. 1 (Part 1) - Art. 1., which provides for liability for violation of the right to education and stipulated by the legislation of the Russian Federation in the field of the rights and freedoms of students and pupils educational institutions. 16-year-old Haibullin on the basis of art. 21 of the Civil Code of the Russian Federation Civil Code of the Russian Federation. Part One / Federal Law of the Russian Federation of November 30, 1994 (as amended on November 30, 2011) // Meeting of the legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301. at this time was not capable, and he can exercise his civil rights from the age of 18. Thus, this statement must be written by parents (trustees, adoptive parents).
LIST OF USED LEGAL ACTSAND SPECIAL LITERATURE
executive government
I. Normative legal acts:
1. The Constitution of the Russian Federation (adopted by popular vote on 12/12/1993) (with amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 No. 6-FKZ, of December 30, 2008 No. 7-FKZ) // collected legislation of the Russian Federation. - 2009. - № 4. - Art. 445.
2. Code of the Russian Federation on Administrative Offenses of December 30, 2001 No. 195-FZ (as amended on March 1, 2012) // Meeting of the Legislation of the Russian Federation. - January 7, 2002. No. 1 (Part 1) - Art. one.
3. Civil Code of the Russian Federation. Part One / Federal Law of the Russian Federation of November 30, 1994 (as amended on November 30, 2011) // Meeting of the legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301.
4. Law of the Russian Federation of 10.07.1992 No. 3266-1 (as amended on February 28, 2012) “On Education” // Meeting of the Legislation of the Russian Federation. - 15.01.1996.- № 3-st. 150
5. Federal Law of July 27, 2004 No. 79-ФЗ “On the State Civil Service of the Russian Federation” (as amended on December 6, 2011) // Meeting of the Legislation of the Russian Federation. August 2, 2004- No. 31.- Art. 3215.
6. Federal law of October 6, 1999. №184-ФЗ “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (as amended on 30.11.11.) // Collected Legislation of the Russian Federation .- 1999- №42.- Art. 5005.
II. Special literature:
1. Administrative law of the Russian Federation. A course of lectures / Melekhin AV, 2009. -617 p.
2. Administrative law of Russia. Popov LL, Migachev Yu.I., Tikhomirov S.V. 2nd ed., Pererab. and add. - M .: Prospect, 2010. - 752 p.
3. Administrative law: Textbook / Ed. L.L. Popov. M., 2005.
4. Administrative law. Kozlov Yu.M. M .: Yurist, 1999. - 320 p.
5. Administrative law of Russia: a textbook. - 2nd ed., Pererab. and add. (otv. Ed. Popov LL). - “Prospectus”, 2010 - 752с.
6. Eropkin MI, Under total. scientific Ed .: Tataryan VG, Shergin AP: Selected Scientific Works. - Moscow: Eksmo, 2010. -698 p.
7. Korenev A.P. Administrative Law of Russia: Textbook in 3 parts. Part 1. M .: MA of the Ministry of Internal Affairs of Russia, 2000. P. 3.
8. Starilov Yu.N. Administrative law as a means of destroying the "syndrome of lawlessness" in a modern legal state // Journal of Russian law. 2005. №4.
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Ministry of the Russian Federation;
State Committee of the Russian Federation, federal service, federal commission, Russian agency, federal oversight.
As a rule, central bodies are endowed with special competence and are sectoral or intersectoral (functional). They are subordinated directly to the Government (some are subordinated directly to the President) and act on the basis of laws, acts of the President and the Government. The legal basis for their activities are also special provisions.
The regulations on each of the central bodies are approved by the President or the Government. The latter establishes the maximum number of employees of the central offices of ministries and other central executive bodies, the size of allocations from the budget for their maintenance. If necessary, the Government has the right to transfer (delegate) to them the decision of individual issues. It appoints and dismisses deputy heads of central bodies, members of their boards, committees, oversees their activities and has the right to repeal the acts of all bodies under its jurisdiction.
As a rule, each central body of the federal executive authority heads a certain department, performs the functions of its center, headquarters, ensures the fulfillment of all production and along with them economic, environmental, social tasks before the department. Usually the central body is built according to the following scheme:
1) management (head, deputies, board, committee, departmental scientific and other councils);
2) production structural divisions which supervise the services which directly carry out those tasks for the sake of which the department and is created. For example, in the Ministry of Internal Affairs these are services of the criminal investigation department, the fight against organized crime, the command of the internal troops, etc., in the Ministry of Health - the main directorates of medical and preventive care, the protection of motherhood and childhood, etc .;
3) staff units engaged in intraorganizational activities within the framework of the department (accounting, personnel, and other departments).
The words “ministry”, “committee”, “Russian agency”, “federal service” have a double meaning, they denote different concepts. Firstly, the ministry, the state committee, the Russian agency, etc., is the central executive body that heads the administrative department, the central office of the department, its headquarters. By the way, they are all in the capital, Moscow. And secondly, the ministry, the committee, etc., is the system of the ministry, the committee, that is, the administrative department.
And when they say about someone that he works in the Ministry of Internal Affairs, that she serves in the Ministry of Defense, they usually mean work (service) in a certain department. Those who occupy positions in the central executive body, as a rule, report that they work in the central office of the ministry, committee, etc.
Federal administrative departments can be general-federal and joint. Federal-wide are represented by branches and areas of activity that are completely under the jurisdiction of federal agencies (ministries of defense, means of communication, the state customs committee, etc.). The central bodies of federal departments manage subordinate branches, management spheres, both directly and through territorial federal bodies, which are subordinate only vertically to their departmental centers and maintained at the expense of the federal budget. In other words, in the system of the federal agency all the bodies are federal.
Joint federal agencies are created to streamline the activities that are the subject of the joint jurisdiction of the Federation and its subjects. The central bodies of joint departments manage the subordinate branches partially, directly, but mainly through republican, regional, territorial, district, city (Moscow and St. Petersburg) bodies. And republican, territorial, regional, district, city authorities are in double subordination: they are subordinated "vertically" to the central body of the Federal Executive Authority, and "horizontally" to the Council of Ministers of the Republic or the relevant administration.
Horizontal submission is linear, vertical - functional.
In joint departments, the federal center exercises general leadership, and the direct management of branches and areas in the territories of the Federation's subjects is the business of their bodies. The joint federal agencies include, for example, the ministries of finance, culture, justice, and state property.
Above we talked about signs common to all organizational and legal forms of central executive bodies.
But there are certain differences between them.Firstly, the federal ministries are central one-man bodies. The ministry is headed solely by the minister, who is ex officio member of the government, issues orders, and distributes duties among his deputies. In the ministries there are advisory bodies - collegiums. They usually consist of senior ministry officials, discuss critical issues. The chairman of the board is the minister. Decisions of the college are carried out in the life of his orders.
Ministries are formed, reorganized, liquidated by the President, who appoints the ministers and releases them from office.
The ministries are entrusted with coordinating the activities of the central bodies (not the ministries) related by the nature of their work. Thus, the Federal Tax Police Service coordinates the Ministry of Internal Affairs, and the Ministry of Finance coordinates the State Tax Service and the State Customs Committee.
It should be emphasized that all the features of the legal status of ministries are due to the special significance of the areas of state activity that they head.
Secondly, other central bodies (not ministries) are now called state committees, federal services, supervisors, commissions, and Russian agencies. As a rule, these are bodies of functional or mixed competence, endowed with powerful inter-sectoral powers, engaged in inter-sectoral coordination, control, and other inter-sectoral functions. Their leaders, except for those who belong to "security" agencies, are appointed by the Government. All heads of the bodies in question are not included in the Government.
State committees and federal commissions make major decisions - of interdepartmental importance - collectively. And within the framework of such a department, their leader, the chairman, provides unity of command. Federal services, supervision, Russian agencies are built on the basis of unity of command.
In recent years, federal bodies have been formed or received the status of which are not subordinate to the Government of Russia and are not directly included in the system of executive power, although they are engaged in administrative activities. These are the Judicial Department at the Supreme Court of the Russian Federation, the Office of the President’s Affairs, the General Directorate of Special Programs of the President, and some others. In appointing the heads of these bodies, the Government does not take part, while the heads of central federal bodies are appointed, as a rule, either by the Government or, on the proposal of the Chairman of the Government, by the head of state.
14. Central federal executive bodies.
The system and structure of federal executive bodies
In the Russian Federation, the executive authorities function both at the central, federal level, and at the level of each subject of the Russian Federation. At the same time, the central executive bodies have their territorial representations in the constituent entities of the Russian Federation, which act along with the executive authorities created by the constituent entities of the Federation as part of the exercise of their powers.
The system of federal executive bodies is defined more than once by Presidential Decree No. 314 dated March 9, 2004 "On the System and Structure of Federal Executive Authorities" in the latest edition. In accordance with the provisions of this regulatory legal act, the system of federal executive bodies consists of federal ministries, federal services and federal agencies.
I. Federal ministries, federal services and federal agencies, whose activities are carried out by the President of the Russian Federation, federal services and federal agencies subordinate to these federal ministries
Ministry of Internal Affairs of the Russian Federation
The Federal Migration Service
Ministry of Foreign Affairs of the Russian Federation
Federal Agency for Special Construction
Federal Bailiff Service
Administration of the President of the Russian Federation (Federal Agency)
Ii. Federal ministries headed by the Government of the Russian Federation, federal services and federal agencies subordinate to these federal ministries
Ministry of Culture and Mass Communications of the Russian Federation
Federal Communications Agency
Ministry of Finance of the Russian Federation
The Federal Tax Service
Federal Insurance Supervision Service
Federal Agency for Tourism
Federal Agency for Physical Culture and Sport
Thus, we see that the system of executive bodies of the federal level includes the following bodies:
a) administered by the President of the Russian Federation;
b) administered by the Government of the Russian Federation.
The status of the federal ministry is made up of the following provisions:
carries out functions for the development of state policy and legal regulation in the field of activity established by the acts of the President of the Russian Federation and the Government of the Russian Federation;
headed by the Minister of the Russian Federation (federal minister) who is a member of the Government of the Russian Federation;
on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently exercises legal regulation in the established field of activity, with the exception of matters whose legal regulation in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation is carried out exclusively by federal constitutional laws, federal laws, acts of the President ssiyskoy the Russian Federation and the Government of the Russian Federation;
The status of the federal service (service) is as follows:
performs functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and defense of the state border of the Russian Federation, the fight against crime, public security;
headed by the head (director) of the federal service (the federal service for supervision in the established field of activity may have the status of a collegial body);
within its competence, issues individual legal acts on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, normative legal acts of the federal ministry that coordinates and controls the activities of the service. The Federal Service may be subordinate to the President of the Russian Federation or be under the authority of the Government of the Russian Federation;
is a federal executive body that performs in the established field of activity the functions of providing public services, management of state property and law enforcement functions, with the exception of the functions of control and supervision;
headed by the head (director) of the federal agency (the federal agency may have the status of a collegial body);
within its competence, issues individual legal acts on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts and instructions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation and the federal ministry that coordinates and controls the activities of the federal agency. The federal agency may be under the jurisdiction of the President of the Russian Federation;
keeps registers, registers and inventories;
15. Federal territorial bodies of executive power.
Part 1 of Art. 78 of the Constitution of the Russian Federation stipulates that the federal executive authorities, in order to exercise their powers, may create their own territorial bodies and appoint appropriate officials. Resolution of the Council of Ministers - Government of the Russian Federation of May 27, 1993 N 491 "On the procedure for creating and operating the territorial bodies of ministries and departments of the Russian Federation" * (156) approved Proposals on the procedure for creating and operating the territorial bodies of ministries and departments of the Russian Federation.
In accordance with this document, territorial bodies of federal executive bodies are included in the system of executive bodies of the Russian Federation and operate under the guidance of the relevant central federal executive bodies, and on matters within the competence of the constituent entities of the Russian Federation, in cooperation with the relevant executive bodies authorities of the subjects of the Federation.
Territorial bodies act on the basis of the Constitution of the Russian Federation and other legislative acts of the Russian Federation, decrees and orders of the President of the Russian Federation, resolutions and orders of the Government of the Russian Federation, are guided in their activities by legal acts of ministries and departments of the Russian Federation and state authorities of the constituent entities of the Russian Federation adopted within their competence .
The creation, reorganization and liquidation of territorial bodies are carried out by the relevant central federal executive body in coordination with the administrations of the constituent entities of the Russian Federation.
The appointment and dismissal of the heads of territorial bodies are made by the relevant central federal executive body in coordination with the administrations of the constituent entities of the Russian Federation.
Financing of the activities of territorial bodies is carried out, as a rule, at the expense of the federal budget, as well as the corresponding budgets of the subjects of the Federation and other sources of funding established by the legislation of the Russian Federation. The executive authorities of the constituent entities of the Federation provide the necessary assistance to the territorial bodies of the federal executive authorities in providing them with premises and creating the necessary conditions for their work and social development.
In cases of transferring part of their powers to the regional level by central federal executive bodies or transferring part of their powers to the federal level by the executive authorities of the constituent entities of the Russian Federation, the terms of financing and material and technical support for the activities of the respective territorial bodies are determined on the basis of mutual agreements.
Territorial bodies are legal entities, have their own settlement and other accounts in bank branches, separate property, official stamp. The head of a territorial body may not hold any positions in other state or public bodies, engage in business activities, however, these restrictions do not apply to the performance of scientific, educational or creative work.
The main principles in the activities of territorial bodies are the observance of legality, the separation of legislative, executive and judicial powers, the delimitation of competencies between the central federal executive authorities and the executive authorities of the subjects of the Federation, personal responsibility.
The main tasks and functions of territorial bodies are determined on the basis of the tasks and functions of the respective federal executive bodies, taking into account the specific features of the regions in which they operate.
Territorial authorities have the right to:
to represent the relevant ministries and departments of the Russian Federation in their relations with the executive authorities of the territories, regions, autonomous regions, autonomous districts, cities of Moscow and St. Petersburg;
to request and receive from the relevant federal executive authorities, the executive authorities of the constituent entities of the Federation necessary for carrying out their activities information, from enterprises, organizations and institutions regardless of their form of ownership - information necessary for the performance of the tasks assigned to them, from statistical bodies - information and analytical materials, economic statistics in the prescribed manner;
to participate in the work of the relevant central bodies of the federal executive power;
to take part in the development of programs, concepts, schemes and other documents related to the implementation of economic reform;
make proposals to the relevant central federal executive bodies and executive authorities of the constituent entities of the Federation.
The number of staff, structure, staffing and wage fund of territorial bodies are determined taking into account the particularities of the region as agreed by the relevant ministries and departments of the Russian Federation with the executive authorities of the subjects of the Federation.
Federal executive authorities may have several varieties of territorial bodies each, depending on the purpose of their creation. So, often the ministries create regional and interregional territorial bodies, providing various levels of territorial administration. Specialized bodies are also created, endowed with specific private powers, which are only part of the competence of the whole body.
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