Territorial bodies of federal executive bodies. The system and structure of federal executive bodies. Federal bodies of executive power are ...

After securing the principle of separation of power into three branches in the Constitution, there was a change in obsolete concepts. In particular, instead of the apparatus of state administration, federal executive bodies appeared. This, however, does not prevent us from using the old name in practice.

Definition

The essence of executive structures is determined differently by different authors. So, in the opinion of some authors, these institutions act as political institutions that are formed to participate in the implementation of relevant administrative functions. To fulfill their tasks, they are given certain legal capabilities. Other experts believe that federal executive bodies are special elements of the state apparatus. Their work is aimed at implementing the provisions of laws and other regulations. According to their functions, these bodies carry out administrative and executive activities. In the literature one more definition of the institutions under consideration is given. Some authors consider it to be the most complete. In accordance with it, the federal executive bodies are organizations that, acting as an element of the state apparatus, have their own internal structure, competence and spatial scale. They are formed in accordance with the procedure prescribed by law or other normative document. The federal executive bodies of the Russian Federation apply special methods in their work, have the legal opportunity to speak on behalf of and on behalf of the state. Within the scope of their competence, these institutions are called upon to lead daily the socio-cultural, economic, administrative and political spheres of public life.

General features

The main task that federal executive bodies decide is implementation in practice, implementation of the provisions of existing laws and other normative documents. In addition, within the framework of their competence, these institutions ensure compliance with regulations by all entities in the country. Their work is managerial, executive, organizing, administrative and control. As a result of its implementation, the relevant tasks are solved. Any Russian federal executive body has its own internal arrangement. It contains certain units (chief administrations, special departments, departments, etc.) with officials. They contribute to the most effective solution of the tasks.

Sphere of influence

The powers of federal executive bodies are quite extensive. Their implementation is allowed in special legal forms. In particular, the institutes carry out:

• Executive and administrative activity.
• Control and supervisory work.
• Legal actions.
• Adoption of decisions, which cause significant legal consequences.
• Approval of normative acts.
• Law enforcement activity.

The competence of the institutes includes their duties, legal capabilities and responsibility for the work performed. The federal executive body, which carries out functions related to the adoption of normative acts, ensures their implementation.

Additionally

The legislation determines the procedure according to which the formation, reorganization or liquidation of the institution takes place. Each executive body has its own name. In accordance with the Federal Law and regulatory acts of the subjects, the responsibility of institutions and officials is established. Any executive body acts as a legal entity. He should have a stamp. The executive bodies can participate in civil law relations. Financing is carried out at the expense of the state or regional budget, depending on which (the federal executive body or local) institution sends money.

Principles

Legal regulation of federal executive bodies is carried out in accordance with the Federal Law and the Constitution, as well as a number of other normative acts. At the same time, all the work of institutions is based on certain principles. The main of them include:

1. The principle of federalism. This provision is determined by the state structure of the country.
2. Legality. This principle is expressed in compliance with the Constitution and the Federal Law.
3. The combination of decentralization and centralization. This principle is of key importance in the work of the entire institution of executive power. Most of the tasks relate to the management of higher divisions. At the same time, territorial bodies of federal executive bodies are entrusted with specific duties that are implemented without the intervention of higher institutions.

Subjects of reference

Federal, regional and executive bodies are a single system. In the subjects of their general jurisdiction, as well as on issues related to the competence of higher institutions, the subordinate institutions are in a subordinate position. In this case, the principle of unity operates. Control of federal executive bodies extends exclusively to areas that are in common with regional institutions or directly in their own competence.

Other principles

Some authors, in addition to the above, identify such provisions as:

• Independence. This principle is based on art. 10 of the Constitution. According to this provision, the executive, legislative and judicial authorities are independent. This means that the institutions of one branch do not obey the units of the other. Thus, legislators or judges can not follow the activities of federal executive bodies.
• The principle of economy. It involves saving budget funds coming into the sphere of state administration.

Among other principles, experts also highlight:

• Publicity.
• A responsibility.
• Democracy.
• Observance and ensuring of freedoms and human and citizen rights.

The significance of these provisions is undeniable and confirmed by most scientists.

The system and structure of federal executive bodies

These concepts are often used in industry literature. The system in the general philosophical sense is a combination of various elements into a single whole with the distribution of components to specific places. From other definitions it follows that this construction acts as an objective set of phenomena and objects, naturally connected with each other. The structure is a way of connecting the elements. It determines the line of behavior of the structure, the features of the interaction of its elements. The Constitution delineates the concepts of the system of executive bodies directly from the body itself. At the same time, the essence of this division is highlighted. Through the organizational mechanism, which is the executive body, the state ensures the implementation of its functions. The entire design of the institute fixes the basic properties of its elements. The system reflects, first of all, the links that are formed between the bodies. They, in turn, recede into the background. The executive bodies form structural links within the single system.

Characteristic

Taking into account the above explanations, it can be said that the system of executive bodies is a legally ordered, internally coordinated set of organizationally legal elements that are subordinated according to the principle of division of competence. They form an integrated unity in the course of realization of the assigned tasks within the Russian Federation. The system has a vertical hierarchical structure, as well as horizontal levels. Together with this, the device provides an operational control device. The system and structure of federal executive bodies are influenced by social, political, economic, legal and other factors.

Interdepartmental interaction

The system of executive bodies is presented in the form of their aggregate, under the leadership of the government of the country, with links between each other and within each element about a fairly wide range of issues arising in the course of public administration. The scope and nature of interagency interaction are determined by the conditions in which the work of each link is organized. The structure of regional and federal executive bodies, as well as the mechanism of their interconnection, are formed under the influence of the form of state structure. The specifics of the work of the whole institute necessitates a combination of horizontal, vertical and diagonal interactions between departments.

The order of distribution of tasks

In accordance with the functional method, when creating a system of executive bodies, the responsibility and the limits of the competence of each link in the regulatory documents are strictly consolidated. From this distribution follows the need for horizontal interaction between specific departments in matters relating to overlapping spheres. The optimal system, with the separation of the functions of the bodies included in it, should ensure responsibility, specialization, efficiency and effectiveness of the interaction of participants.

Classification

Various executive bodies have been formed in the Russian Federation. They differ in the following criteria:

• Sectors and spheres of management.
• Place in the structure.
• Scale of work.
• To the value.
• Specifics.
• Method of education.
• Order of making decisions.

Specificity of education

Depending on the subject in charge of which the formation of links are located, those that are formed by the RF itself stand out. Their education occurs on the basis of constitutional provisions, which these procedures are attributed to the competence of the state. Thus, the procedure for the formation in this case is established by the federal executive body. In subjects, the formation of links is attributed to the competence of the regions themselves. Depending on the procedure and method of formation, there are:

• Institutes, whose leaders are elected by citizens.
• Subdivisions, for the formation of which are issued the relevant decisions of federal executive bodies.

Forms of institutions

Depending on the organizational and legal type, the following federal bodies are distinguished:

• Government of the Russian Federation.
• Federal agencies, services, ministries, departments.

At the regional level, there are:

• Administration.
• Governments.
• Commission.
• Committees.
• Departments.
• Councils of Ministers.
• Agency.
• Services and others.

Sphere of influence

On the basis of this feature distinguish:

1. Units of general competence. They control all or most of the spheres and industries in the territory under their jurisdiction.
2. Links of industry competence. They regulate work within specific sectors in different spheres of public administration. As such units are, as a rule, higher and regional ministries. The rules of federal executive bodies are unified for all institutions they have formed.
3. Divisions of special competence. These bodies perform supervisory, permissive, regulatory and other functions in various areas of public administration.
4. Institutes of inter-sectoral competence. Such bodies are established to coordinate the management of affairs in a particular sphere and branch.

Decision-making procedure

On this criterion distinguish:

1. Collegial bodies. To them (in accordance with general norms) include: the government of the Russian Federation, administrations and other similar units of subjects.
2. Uniform authorities. In Russia, the vast majority of institutions are formed on the principle of a single command. Decisions in them are made directly by the head.

Territorial bodies of federal executive bodies

In each constituent entity of the Russian Federation, an institution is formed that is subordinate to a higher central apparatus. As a system of executive bodies of the region, one should understand a complex of structures that implement state tasks. Their work is carried out within their competence and in a specific subject of the country. In the course of solving the set tasks, regional bodies interact with the central apparatus and municipal executive structures.

Normative base

The Constitution of the Russian Federation stipulates that the system of executive bodies in the regions is established by the entities independently. At the same time, the procedure for the formation of institutions should not contradict the legislative principles and principles of the formation of state institutions. As statutory acts when creating a system of executive power in a subject may be statutes, constitutions or laws issued by the competent structures of the administrative unit. In some regions, such a document is a decree of the person holding the highest office.

The work of regional units

The executive bodies of the subjects, solving issues that are in common with the RF, retain the general content of their sphere, the field of government. These departments include committees, departments, departments, ministries. The system also includes agencies that manage property owned by the region; Some institutions formed to oversee compliance with legislative requirements; Structures that regulate the sphere of road, water, municipal services and so on.

Improvement of the Institute

At present, the issue concerning the system and structure of all executive power in the country is becoming especially topical. Today, the state continues administrative reform. Within its framework, there has been a tendency to improve institutions both at the regional and at the top, federal level. This is indicated not only by the work of political parties existing in the country, but also by the specifics of the laws and by-laws adopted. Legal regulation at the federal level is carried out by constitutional provisions and regulations of the Federal Law. Presidential decrees and government resolutions are also important. At the regional level, regulatory regulation is carried out in accordance with the laws adopted in the subject. They specify the constitutional provisions and requirements of the Federal Law.

Conclusion

Over the past decades, the system of federal executive power has undergone numerous changes. The reforms were aimed at optimizing and strengthening the influence of the institution on the processes of the formation of society and the state as a whole. Nevertheless, the power structure is far from ideal. In it there are units whose spheres of influence overlap. Some bodies perform similar, and in some cases duplicate functions. Such uncertainty in the tasks posed serves as the main reason for the disorder and instability of the entire institution. For the formation of an optimal system, it is necessary that each element has a clear and clear legal status. It should be determined at the legislative level, taking into account the scope and nature of the tasks to be accomplished. According to some experts, to eliminate many problems, it is necessary to optimize the identification procedure, to abolish redundant, duplicating, illegitimate functions. Researchers believe that this is the first and most important factor hampering effective interaction. The reason is that the more duplicating functions, the more people need to implement them. This, in turn, enhances the influence of the human factor and reduces the effectiveness of work. In the solution of these problems, the approval of the Federal Law determining the general principles of the organization of management bodies is of great importance. On the basis of the normative document, it is then possible to unify and optimize the entire institution.