After the principle of separation of power into three branches was enshrined in the Constitution, obsolete concepts changed. In particular, instead of the state administration apparatus, federal executive bodies appeared. However, this does not interfere with the use of the previous name in practice.
Definition
The essence of executive structures is determined differently by various authors. So, according to some authors, these institutions act as political institutions that are formed to participate in the implementation of the relevant administrative functions. To fulfill the tasks they are endowed with 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 regulatory acts. According to their functions, these bodies carry out administrative and executive activities. The literature provides another definition of the institutions in question. Some authors consider it 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 the manner prescribed by law or another regulatory document. Federal executive bodies of the Russian Federation apply special methods in their work, have the legal ability to speak on behalf of and on behalf of the state. Within their competence, these institutions are called upon to daily manage the socio-cultural, economic, administrative and political areas of public life.
Common symptoms
The main task that the federal executive bodies solve is the implementation in practice, the implementation of the provisions of existing laws and other regulatory documents. In addition, within their competence, these institutions ensure compliance with the requirements of all entities in the country. Their work is of a managerial, executive, organizing, managerial and supervisory nature. As a result of its implementation, the corresponding tasks are solved. Any Russian federal executive body has its own internal structure. It contains certain units (main departments, special departments, departments, etc.) with officials. They contribute to the most effective solution of tasks.
Sphere of influence
The powers of federal executive bodies are quite extensive. Their implementation is allowed in special legal forms. In particular, institutions carry out:
- Executive and administrative activities.
- Supervision work.
- Legal action.
- Making decisions that result in significant legal consequences.
- Approval of normative acts.
- Law enforcement activities.
The competencies of the institutes include their responsibilities, legal capabilities and responsibility for the work performed. The federal executive body performing functions related to the adoption of regulatory acts shall also ensure their implementation.
Additionally
The legislation defines the procedure in accordance with 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 normative acts of the entities, the responsibility of institutions and officials is established. Any executive body acts as a legal entity. He must have a stamp. Executive bodies may participate in civil law relations. Financing is made at the expense of the state or regional budget, depending on which (federal executive body or local) institution funds are allocated.
Principles
The 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 regulatory acts. Moreover, all the work of institutions is based on certain principles. The main ones include:
- The principle of federalism. This situation is determined by the state structure of the country.
- Legality. This principle is expressed in compliance with the Constitution and the Federal Law.
- The combination of decentralization and centralization. This principle is crucial in the work of the entire institution of the executive branch. Most tasks relate to the management of higher units. Along with this, the 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 form a single system. In subjects of their general jurisdiction, as well as in matters within the competence of higher institutions, lower institutions are in a subordinate position. In this case, the principle of unity applies. The 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 highlight such provisions as:
- Independence. This principle comes from Art. 10 of the Constitution. According to this provision, the executive, legislative and judicial authorities have independence. This means that the institutions of one branch are not subordinate to the units of another. Thus, the activities of federal executive bodies, therefore, cannot be monitored by lawmakers or judges.
- The principle of profitability. It involves saving budgetary funds received in the field of public administration.
Among other principles, experts also highlight:
- Publicity.
- Responsibility.
- Democracy.
- Respect and ensuring freedoms and human and civil 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 in certain places. From other definitions it follows that this design acts as an objective set of phenomena and objects that are naturally related to each other. A structure is a way of connecting elements. It determines the line of behavior of the structure, especially the interaction of its elements. The constitution delimits the concepts of the system of executive bodies directly from the body itself. At the same time, the essence of this separation 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 primarily reflects the bonds that are formed between the bodies. They, in turn, fade into the background. Executive bodies form structural links within a single system.
Characteristic
Given the above explanations, we can say that the system of executive bodies is a legally ordered, internally agreed set of elements of different organizational and legal forms, which are subordinated according to the principle of separation of competence. They form an integrated unity in the implementation of tasks within the Russian Federation. The system has a vertical hierarchical structure, as well as horizontal levels. Along with this, the design provides for operational control apparatus. The system and structure of federal executive bodies are influenced by social, political, economic, legal and other factors.
Interagency collaboration
The system of executive bodies is presented in the form of their totality under the leadership of the government of the country with connections among themselves and within each element regarding a fairly wide range of issues arising in the course of public administration. The volume and nature of interagency cooperation 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 relationship 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.
Task Distribution Order
In accordance with the functional method, when creating a system of executive bodies, the responsibility and competency limits of each link are strictly fixed in regulatory documents. This distribution also implies the need for the formation of horizontal interaction of specific departments in matters relating to intersecting spheres. An optimal system with the separation of the functions of the bodies included in it should ensure responsibility, specialization, efficiency and effectiveness of the relationship of participants.
Classification
Various executive bodies have been formed in the Russian Federation. They differ in the following criteria:
- Industries and management.
- Place in the structure.
- The scale of the work.
- Value.
- Specifics.
- Educational method.
- Decision making order.
Education specifics
Depending on the subject in charge of the formation of the links, those that are formed by the Russian Federation itself are distinguished. Their formation takes place on the basis of constitutional provisions by which these procedures are attributed to the competence of the state. Thus, the formation procedure 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.
- Units for the formation of which the relevant decisions of the federal executive bodies are issued.
Institutional Forms
Depending on the legal type, the following federal bodies are distinguished:
- Government of the Russian Federation.
- Federal agencies, services, ministries, departments.
At the regional level are:
- Administration.
- Government.
- Commissions.
- Committees.
- Departments.
- Councils of Ministers.
- Agency.
- Services and others.
Sphere of influence
On this basis distinguish:
- Subdivisions of general competence. They manage all or most of the spheres and industries in the territory under their jurisdiction.
- Links of industry competence. They regulate work within specific sectors in various spheres of government. As such units are usually higher and regional ministries. The rules of federal executive bodies are the same for all the institutions they have formed.
- Subdivisions of special competence. These bodies carry out supervisory, licensing, regulatory and other functions in various spheres of government.
- Institutions of intersectoral competence. Such bodies are established to coordinate the management of affairs in a particular area and industry.
Decision Making Procedure
By this criterion distinguish:
- Collegial organs. These (in accordance with general standards) include: the government of the Russian Federation, administrations and other similar units of the subjects.
- Sole authorities. In the Russian Federation, the vast majority of institutions are formed on the basis of a single leadership. Decision-making in them is carried out directly by the head.
Territorial bodies of federal executive bodies
In each subject of the Russian Federation, its own institute is formed, which is subordinate to a higher central apparatus. As a system of executive bodies in the region, one should understand the complex of structures that implement state tasks. Their work is carried out within their competence and in a particular subject of the country. In the course of solving the assigned tasks, regional bodies interact with the central office 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 foundations and principles of the formation of state institutions. The normative acts when creating the system of executive power in an entity may be charters, constitutions or laws issued by the competent structures of an administrative unit. In some regions, such a document is a decree of a person holding a senior position.
The work of regional units
The executive bodies of the entities that resolve issues that are in their common jurisdiction with the Russian Federation retain the general content of their sphere, the sphere of management. These units include committees, departments, departments, and ministries. The system also contains bodies that manage property owned by the region; some institutions formed to oversee compliance with legal requirements; structures governing the field of road, water, utilities, etc.
Institute Improvement
Currently, the issue of particular concern is the system and structure of the entire executive branch in the country. The state is currently undergoing administrative reform. Within its framework, there has been a tendency to improve institutions both at the regional and at the highest, federal level. This is indicated not only by the work of existing political parties in the country, but also by the specifics of the adopted laws and by-laws. Legal regulation at the federal level is carried out by constitutional provisions and regulations of the Federal Law. Decrees of the president and government decrees are also of no small importance. At the regional level, normative 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 federal executive system has undergone numerous changes. Reforms were aimed at optimizing and strengthening the influence of the institute on the processes of 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 intersect. Some bodies perform similar, and in some cases duplicate, functions. Such uncertainty in the tasks posed is the main reason for the disorder and instability of the whole institution. For the formation of an optimal system, it is necessary that each element has an understandable and clear legal status. It should be determined at the legislative level, taking into account the volume and nature of the tasks. According to some experts, to eliminate many problems, the identification procedure should be optimized, redundant, duplicate, illegitimate functions should be eliminated. Researchers believe that this is the first and most important factor that impedes effective interaction. This is due to the fact that the more duplicate functions, the more people are needed to implement them. This, in turn, enhances the influence of the human factor and reduces the effectiveness of the work. In solving these problems, the adoption of the Federal Law, which defines the general principles of the organization of governing bodies, is of great importance. Based on the normative document, it is possible to subsequently unify and optimize the entire institute.