Public authorities: concept, types, structure and responsibility

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:40

The third article of the Constitution of the Russian Federation explains the essence of the concept of public authorities. This term has not been enshrined in federal laws. It is replaced by the term "state power". Nevertheless, this does not negate the definition of the very source of power - power, when using any term, should equally rely on our multinational people. It assumes a single democracy - in its basic form, despite the fact that the articles of the Constitution in real life are observed not all and not always. The main document of the country gave the people such a right: public authorities, as well as self-government, are the main form of a single democracy. All existing institutions and every official are empowered by the will of the people, which is expressed in elections that give legitimacy and legitimacy to power.

The system of power. What is it about?

In any law enforcement practice, including judicial,as well as in the scientific literature, the term "public authorities" is widely used, hence the conclusion: the state force, coupled with municipal self-government, expresses the interests of society, the people of the Russian Federation with all its nationalities at this territorial level. That is why it is perceived as a system. Public authorities represent a formalized branched structure, which owns all the means of both local and state influence on the public and all the processes taking place in it.

This system links together the bodies of different levels and different profiles, solving state problems in accordance with the direction and industry, performing the functions of a wide variety of organizational legal forms of state activity within the boundaries of their competence. This includes the executive bodies of public power, as well as state, municipal and local government bodies managed by the state. Each of the above bodies includes officials who are endowed with power. For example, executive public authorities are called upon to ensure the full implementation of state policy. As well as the implementation of the entire legislative framework. Which takes the representative power. Solutions are implemented through the work of the government, the president and local authorities.

The current government. Signs

The Constitutional Court has repeatedly used the wording "public authorities of the Russian Federation", "its levelsand system", where public officials were listed. As acting bodies of political power. The functions of the state are implemented through the state apparatus, that is, a system of interconnected bodies and officials who carry out public policy. What are public authorities in the Russian Federation? These are institutional elements, empowered to function properly, exercising one of the forms of government by the people, which is exactly what Article 3 of the Constitution of the Russian Federation says.

The structure of public authorities is created and acts on behalf of the state, and the procedure for their activity and creation is determined by the norms of the law. Each of them has its own competencies, that is, it is independent and isolated, judging by the organizational characteristics, although it is only a link in one of the constituent parts of the state apparatus, and this system is one. Decisions of public authorities are binding. Since everyone is endowed with powers of authority and, if necessary, can back up demands with the coercive forces of the state.

All public authorities in the Russian Federation are assembled into a single system and work as a single mechanism. This systemis highly complex, and therefore classified on different grounds.

Classification: level of activity and method of creation

Bodies of subjects of the Russian Federation and federal bodies are distinguished by the level of activity. The latter include the president, the Federation Council and the State Duma (Federal Assembly), the government of the Russian Federation and the courts. Our state is federal. And therefore, the public function of the authorities is carried out through not only federal, but subjective ones.

This is how the system is organized, which was established by the subjects of the Russian Federation independently, based on the Constitution (Article 77) and the coinciding principles of organizing executive and legislative power structures. There are common features of public authorities. You can't guess about them. This is the presence of a legislative (representative) body and a leader - the highest official, executive bodies (various departments, departments, ministries, administration, government), as well as the statutory constitutional court and justices of the peace.

According to the method of creation, it can be classified according to three parameters. These are election, appointment and appointment by election. For example, the concept of a public authority implies election to representative (or legislative) administrations in the constituent entities of the country, to the State Duma, as well as the election of the President of the Russian Federation. Federal judges and ministers are appointed. Elected, to be appointed, in representative bodies. This applies to magistrates, various commissioners, and so on.

Yes, especially visibleinteraction of public authorities, if the ways of consciousness are divided into derivative and primary. Elective ones are primary, and derivatives are obtained in the process of their formation by the forces of primary ones. It is from here that the derivative bodies get their powers. This is how the Accounts Chamber, the government, the Central Election Commission and many others were formed.

Legal framework and tasks to be performed

The legal basis is a fundamental factor in the creation and functioning of any state entity. This classification item includes absolutely all types of public authorities. They are created on the basis of either the Constitution, such as the Federation Council or the State Duma, the position of the president, and the like, or on the basis of federal laws, like election commissions or courts, or on the basis of presidential decrees, as commissioners for human rights, rights child and so on, either based on government regulations, like award boards or any monitoring commissions.

There are also statutes of the constituent entities of the Russian Federation, on the basis of which legislative assemblies are created and function in the constituent entities, governors. Also, the subjects have their own laws and by-laws, on the basis of which various councils under the government in the regions are created. For example - the Maritime Council in the government of St. Petersburg. The legal basis has completely different roots when creating an organization under the government of a subject than when creating legislative bodies of public power.

The nature of the tasks performed by different authorities may differ significantly. Here the classification is as follows. The first group includes legislative bodies. They have the exclusive right to regulate legislation by adopting appropriate acts. These public authorities also have the highest responsibility. The second group contains the executive branch, in its functions is the solution of administrative and executive tasks. The third group administers justice. These are the judiciary.

Method of management, powers, competencies

The classification is based on the method of government: the State Duma and the government belong to collegiate bodies, and the president and authorized representatives - to individual ones. The division by terms of office also means a lot, where permanent public authorities are allocated, which operate for an unlimited amount of time, and temporary ones created to work for a certain period. This includes special departments for special territories and special regimes - for conducting operations to capture terrorists or in a state of emergency.

The scope of competence delimits bodies that decide the widest range of issues, such as the Federal Assembly, the government and others, as well as bodies of sectoral or special competence, specializing in certain functions. For example - the Accounts Chamber, the Ministry of Internal Affairs, the Prosecutor's Office and the like. Science supports a more general classification. According to herinterpretation, there are main bodies and so-called other state bodies.

Article 11 (part one) of the Constitution of the Russian Federation lists the federal authorities of the state. There are no other organs. However, the Presidential Administration, the Security Council, the Central Bank (Bank of Russia), the Prosecutor's Office of the Russian Federation, and many other (the so-called "other") bodies of state power are also mentioned. This term is adopted by law as a basis.

Administration, Accounts Chamber, CEC RF

Since March 2004, the Administration of the President of the Russian Federation has been a state body in accordance with his Decree No. 400. The administration ensures the activities of the head of state and controls the implementation of his decisions. In 2010, the Security Council of the Russian Federation was created (Article 13 No. 390-FZ), which became an advisory body for preparing presidential decisions on security issues, defense production, military construction, cooperation in this area with foreign states, and many others, including protection of the constitutional order, independence and sovereignty, territorial integrity of the country.

The Accounts Chamber acquired its status in 2013 (according to Federal Law No. 41-FZ) and since then has been constantly acting as an external audit body. This body of state power is accountable to the Federal Assembly and carries out expert-analytical, control and auditing, information activities, monitors the targeted use of funds, the effectiveness of federal budget investments andoff-budget, but state funds.

The Central Electoral Commission functions in accordance with Article 21 of the Federal Law on Guarantees of Electoral Rights, organizes the preparation of elections and their holding, as well as referendums. Its competences are established by federal laws, as for any other branch of government. Since July 2002, the Bank of Russia has been authorized by Federal Law No. 86-FZ to protect and ensure the stability of the ruble, regardless of any other authorities in the country, constituent entities of the Russian Federation and local governments.

Prosecution

In 1992, a unified federal centralized system was created to oversee the implementation of laws and compliance with the Constitution, which operate throughout the country. Federal Law No. 2202-1 called the Prosecutor's Office of the Russian Federation a body that performs the functions of a public prosecutor in judicial review of cases, and it must also carry out an anti-corruption examination of legal acts. The system includes the Prosecutor General's Office, the prosecutor's offices of the constituent entities, as well as scientific institutions and educational, printed publications, the prosecutor's offices of individual regions and cities, military and specialized prosecutor's offices.

Only the Federation Council has the right to appoint or dismiss the Prosecutor General (on the proposal of the President), the term of office is five years. In the constituent entities, prosecutors are appointed by the Prosecutor General in coordination with the state authorities of the constituent entities. For example, in the Moscow region, the consent of the regional Duma and the governor is required to appoint a prosecutor, in the Nenets autonomy - only meetingsdeputies of the district, and in the Bryansk region - the administration of the region and the regional Duma.

Investigation Committee

Criminal proceedings Federal Law No. 403-FZ in December 2010 was authorized to conduct the Investigative Committee of the Russian Federation. Its tasks also include receiving and registering reports of crimes, checking them and initiating criminal cases. The Investigative Committee investigates crimes, identifying the circumstances that contributed to their commission, taking measures to eliminate them. In the field of legal proceedings, international cooperation is constantly ongoing.

The system of the Investigative Committee of the Russian Federation consists of the central office, investigative departments central and in the constituent entities of the Russian Federation, as well as departments equivalent to them in districts and cities, including specialized ones, educational and scientific institutions and organizations have been created to ensure the full-fledged activity of this state organ. The head of the Investigative Committee is the chairman, who is appointed by the president. The Prosecutor General and his subordinates supervise the implementation of laws in the activities of this body.

Constitutional Assembly and other bodies

The Constitutional Assembly is convened if necessary to resolve issues of revision of the Constitution of the Russian Federation, which is provided for in Article 135 of the Federal Constitutional Law. This law is still in the adoption phase. However, the state body of power - the Constitutional Assembly is vested with constituent power and the right to adopt a new version of the Constitution, andtherefore, it should be formed with the widest representation of public and state structures on the principle of separation of powers and the federal structure of the country.

There are many other bodies working in power structures that are not specified in the Constitution. For example, this is the State Council, represented by the highest officials of the country's subjects. The body is advisory and has been operating under Presidential Decree No. 1602 since September 2000, contributing to the exercise of the powers of the first person of the state in ensuring consistency in the functions and interaction of all authorities.

System Unity

All public authorities together should form a single system, which is based on constitutional principles. These are Article 2 on the priority of freedoms and rights of man and citizen, Article 3 on the belonging of power to the people, Articles 10 and 11 on the separation of powers, Article 5 on federalism, Article 12 on the independence of local self-government bodies, Article 15 on separation from religion, Article 13 on independence from the ideological attitudes inherent in individual officials, and so on.

The conduct of work and the powers of all authorities are delineated by federal laws and the Constitution, but they all closely interact with each other. This is especially true for the joint work of the executive authorities of the federal level and the constituent entities of the Russian Federation. In order for the leadership of the executive branch to be unified throughout the country, the federal bodiescreate territorial branches and themselves appoint officials corresponding to their powers. The main task is to implement the provisions of the Constitution of the Russian Federation, presidential decrees, federal laws, and legal acts prescribed by higher authorities. To implement this task, resolutions are adopted, orders are given that are mandatory for execution.