In our article, we consider a category in which 4 subcategories are displayed: chapters and legislative representative bodies of state power of the constituent entities of the Russian Federation; executive management bodies; courts of constituent entities of the Russian Federation. We will analyze not only the system of organs, but also the basic principles of their functioning. It is advisable to start with them.
The principles of state authorities of the constituent entities of the Russian Federation
According to the provisions of the Constitution in force on the territory of the Federation, the activities of state power structures of entities are implemented according to the following principles:
- Territorial and state integrity of the Federation.
- The unity of the state system. authorities.
- The spread of sovereignty throughout the country.
- The supremacy of the Constitution, as well as laws of the federal level throughout Russia.
- Classification of state. power to the executive, legislative and judicial in order to fully ensure the balance of powers of state authorities of the constituent entities of the Russian Federation and to exclude the concentration of all these powers or a certain part of them in the control of one state structure. authority or individual official.
- Separation of powers and objects of jurisdiction between state bodies. management of the Russian Federation and state structures management entities.
- Independent implementation by public authorities of the subjects of authority that they own.
- Autonomous exercise of their own powers by local governments.
Main function
State authorities of the constituent entities of the Russian Federation are structures that fully ensure the exercise of the rights of citizens associated with participation in the management of public affairs, both directly and through specific representatives. In particular, this is carried out through legislative consolidation of guarantees for the appointment of elections to the power levels of subjects in local government in a timely manner, as well as guarantees for the periodic holding of these elections. It is worth noting that the state authorities of the constituent entities of the Russian Federation are contributing to the development of local governance directly on the territory of the subject of the structure.
Authority issue
The powers of state authorities of constituent entities of the Russian Federation are a category that is established through the Constitution of the country, this Federal Law, as well as other federal laws and charters of a constituent entity of the Russian Federation. It should be borne in mind that they can only be changed through the introduction of appropriate amendments to the Constitution of the Federation.
A review of the provisions of the Constitution and the subsequent introduction of some additions or amendments to this Law at the federal level are also suitable. The powers of state authorities of constituent entities of the Russian Federation are a component that can be changed through the adoption of new laws of federal significance, the charter (constitution), as well as legislative acts of a constituent entity of the Russian Federation or through the inclusion of appropriate additions and changes to these acts in force in the country.
Differentiation of obligations
Differentiation of powers and objects of jurisdiction between legislative, executive and federal bodies of state power of the constituent entities of the Russian Federation and bodies of state Federation authorities are implemented by the Constitution of the country, the Federal Treaty and other agreements. As for the separation of those and objects of their jurisdiction, they are determined in accordance with the Constitution and laws in force in the region or district.
It is the Federal Law that ensures the establishment of general principles and the procedure for delimiting powers and objects of reference. This is done through the conclusion of agreements regarding the distribution of powers and objects of jurisdiction between the federal structures of state. management and government. authorities of the country's constituent entities (hereinafter referred to as the agreement on the division of powers), as well as the adoption of laws at the highest level.
Ability to transfer authority
According to the Constitution in force on the territory of Russia, executive-type structures of federal power and executive bodies of state power of the constituent entities of the Russian Federation, in case of mutual agreement, are able to transfer to each other a certain part of their powers. However, under no circumstances should this be contrary to the Constitution of the country, as well as to the Federal Law and other laws of the same level.
Next, it is advisable to switch to a system of government bodies of the constituent entities of the Russian Federation.
Management system
Today in the state system. Management subject of the Russian Federation includes the following structures:
- Legislative (in other words, representative) state authority of a constituent entity of the Russian Federation. It is worth noting that by rank he occupies a secondary position.
- Executive (highest) government body of a constituent entity of the Russian Federation.
- Other bodies of state. management of the subject of the country, which are formed in accordance with the Constitution (in other words, the charter) of the subject.
It must be added that the Constitution (in other words, the charter) of the subject has the ability to establish the position of the highest representative of the government directly in the subject of the Russian Federation.
Public office
Having fully considered the federal bodies of state power of the constituent entities of the Russian Federation, as well as their powers, it is advisable to transfer to posts. It should be noted that the list of standard state. The positions of the constituent entities of the Russian Federation today are approved precisely by the President of Russia. On persons who replace state. the positions of the constituent entities of the Federation (exception - justices of the peace) are subject to the current duties and restrictions that are established through the Federal Law of December 25, 2008 under the title "On Combating Corruption" and other laws of federal significance.
It is important to know that persons replacing state. According to the law, the positions of subjects of the country, their spouses and minor children cannot open new ones or have deposits (accounts), and also store cash, as well as valuables, in foreign banking institutions located outside the territory of Russia.
In addition, they do not have the right to use or own foreign instruments of the financial plan. At the same time, the term “foreign financial resources” is used in the current Federal Law in the sense defined by the Federal Law of 05.07.2013 entitled “On the prohibition of certain categories of citizens to have and open accounts, to store cash and valuables in foreign countries. banks located outside the territory of the Federation to have and (or) use foreign. financial instruments. "
Adoption of a normative act
When accepting the rights. Act of the subject provides for the provision of officials replacing state. position of the subject, social and other guarantees of the additional plan due to termination of powers (in particular, in the long term).
The relevant legal act is applicable only to persons who replace the state. positions of the subject of Russia on a permanent professional basis and have reached the age at which they are allowed to retire, or who have lost their ability to work during the exercise by them of certain powers related to the public office of the subject.
It is important to add that these guarantees cannot be provided to those citizens whose powers have terminated due to non-compliance with the prohibitions, restrictions, as well as non-fulfillment of obligations defined:
- Federal Law of December 25, 2008 entitled "On Combating Corruption".
- Federal Law of 03.12.2012 N 230- under the title “On control in terms of compliance of expenses of persons who replace state. position, their income. "
- Federal Law of 05.07.2013 entitled “On the prohibition of certain categories of persons to have and open accounts, to carry out cash storage. money and values in foreign. banks located outside the territory of the Russian Federation to have and (or) use a foreign account. financial instruments. "
Or in accordance with the grounds provided for by subparagraphs “b”, “d” of the first paragraph of Article 9 of the current Federal Law, or due to non-compliance with the restrictions established by the first paragraph of Article 12 of the current Federal Law.
The Rule of Law of the Constitution and Federal Law
Federal laws, agreements on the division of powers, legal acts directly of the President of the country and acts of the Government of the Federation, agreements on the transfer of the implementation of a certain share of powers between the executive bodies of the federal government. level and executive bodies of state. management of the subjects of the country (hereinafter referred to as agreements), charters (constitutions), laws and other regulatory acts of the subjects cannot be transferred, excluded or otherwise redistributed objects of competence of the Russian Federation.
This also includes joint types of conduct (that is, the Russian Federation and its constituent entities) and facilities subordinate to other organizations established by the Constitution in force in the country. If the latter contradicts the provisions of the said acts, then information from it becomes relevant.
Laws and other legal acts of constituent entities of the country cannot conflict with federal decisions that are adopted in strict accordance with the subjects of jurisdiction of the Russian Federation or joint jurisdiction. If there is a contradiction between the law of the federal level and another act published in Russia, the content of the first is relevant.
Legal regulation
You need to know that the subjects of the Russian Federation have the right to implement their own regulation in accordance with the subjects of joint jurisdiction (up to the adoption of laws at the federal level). Upon adoption of the relevant legislative act, all regulations and other legal documents relating to the subjects of the country, in any case, must be brought into compliance with this law of federal significance for three months.
If the public administration structure of a subject of the country adheres to the point of view that the law is not composed in accordance with its Constitution, then the legal act of the federal link of state. power is not a relevant provision for the latter.
As for laws of the federal plan or agreements on the delimitation of powers, a dispute over competence, or a question regarding the conformity of a federal legislative act with the articles of the Constitution, the latter is the highest law representing state power in the country.
Any separation of powers is decided by the relevant judicial authorities.
Final part
So, we fully examined the concept, system and principles of state bodies. power subjects. In conclusion, it should be emphasized that it is the legislative (in other words, representative) body that is considered to be a permanently functioning higher and only structure of the legislative power. It is worth noting that its name, as well as the composition and structure are determined by the charter (Constitution) of the subject, taking into account national, historical and other traditions.