In this article, we consider the concept of a state body and a government body, as well as signs and varieties of the categories presented. Today, the legal system of the Russian Federation recognizes both terms. They are used to determine the state in the face of its structures, bodies.
The concept of a state body and a public authority
It is important to note that the lack of consensus in the scientific community regarding the meaning of the terms being studied forms the basis for contradictions and disputes in the practice of using law, which is associated with this conflict. In accordance with the tenth article of the Constitution of the Russian Federation, power by the state is exercised on the basis of its classification. So, they allocate executive (the concept of executive bodies of state power implies bodies of independent and independent power, which are responsible for a set of powers related to the management of state affairs), judicial and legislative. It is worth noting that the bodies of all the types of power presented are independent structures.
State bodies: concept and features
Further, it is advisable to consider the concept and structure of state authorities, as well as their characteristics. The state implements its activities through state bodies. This term should be interpreted as a component of the state apparatus (it can be either a separate individual or a whole collective) endowed with powers of a state-power nature. State bodies are authorized by the state to implement its functionality and urgent tasks. They act strictly in the order established by the state.
The concept of a state body and a government body involves the endowment of state. structures not only with the powers of the state-power plan, but also with the right to issue acts that are binding. It must be borne in mind that the powers of a state-power nature are expressed in the competence of state structures. Here, competence must be understood as a complex of objects of competence and powers of state bodies with which they are endowed. The competence of state structures is clearly defined by the current Constitution of the Russian Federation, laws of the federal level, charters, legislative acts of constituent entities of the Russian Federation, as well as other legal normative acts of the Russian Federation and its constituent entities.
The concept of a state body and a state power body assumes that any state structure is formed and operates in the order established by the state or legal standards. Absolutely every state. the body is authorized by the state to carry out its functions and tasks. Moreover, each of them is a component of a single system of the state apparatus of the Russian Federation.
State authorities: concept, signs, types
Having fully studied the concept and characteristic features that are currently inherent in government bodies, it is advisable to move on to their varieties. The classification of state structures in accordance with the principle of division of powers is of maximum importance. So, according to this criterion, the following types are distinguished:
- The concept of executive bodies of state power presupposes the fact that such structures as the Government of the Russian Federation, state committees, ministries, federal services and other federal structures of the executive type of government function. In addition, it should include the territorial, higher and other bodies of these structures.
- In any case, the legislative branch presupposes the presence of the Federal Assembly, which includes the State Duma and the Federation Council. It is also advisable to include the many-sided representative (legislative) structures of the constituent entities of the Russian Federation.
- The concept and types of state authorities suggest the functioning of the structures of the judiciary. These are the Supreme Judicial Bodies of the country, the Constitutional Judicial Bodies, the Supreme Arbitration Judicial Bodies, as well as other federal and judicial bodies of the constituent entities of the Russian Federation, which are included in the judicial system.
Explanations
When considering the concept and the main features of state authorities, it is important to consider that the President of Russia today has a special place in a large-scale system of government structures. The President is, first and foremost, the head of state, as well as the guarantor of the current Constitution on the territory of the Russian Federation. It fully ensures the continuous and coordinated activity of absolutely all government bodies operating today. It is worth adding that he is not included in any of the key branches of government along with the bodies that ensure his work. None of the branches of government can also include election commissions, prosecutors and some other state. authorities with special status.
Other classifications
As it turned out, today there is no consensus regarding the interpretation of the concept of a state body and the concept of a state authority. Nevertheless, the first term is supported by a number of classifications. So, it is customary to divide state bodies into structures of regional (state bodies of the constituent entities of the Russian Federation) and federal (state structures of the Russian Federation) values.
In addition, the classification is popular depending on the order of creation, in accordance with which there are bodies formed by other state. structures and bodies that are elected exclusively by citizens in the process of secret ballot (there are other options for election, but this one is used on the territory of the Russian Federation most often).
In accordance with the nature of competence, state structures are divided into special type competence bodies and general type competence bodies. In addition, the concept and characteristics of a state authority suggest a division into collegial, sole and one-man bodies. The Government of the Russian Federation belongs to the first group, the President to the second, and the Prosecutor General's Office to the third. It should be added that state structures of the sole plan are often considered not in the role of state. bodies, and in the role of officials of national importance.
State body
Further, it will be advisable to consider the concept, signs and system of public authorities. Under the authority should be understood as a separate link state. apparatus that works in a particular direction of state. activities and is vested with the appropriate authority. It is worth noting that a state body is a kind of channel through which people can exercise their power, while adhering to the provisions of the Constitution in force on the territory of the Russian Federation (Article 3). Consider the features characteristic of a state body:
- An independent component of the state mechanism. An integral element of a single state. organism.
- All actions are carried out on behalf of and on behalf of the state.
- Formation and subsequent operation on the basis of regulatory documentation.
- The performance of functions and tasks peculiar only to the state body. The use of appropriate methods and forms.
- The presence in the composition of government departments and employees, which are held together by the unity of goals, their commonality.
- Execution of actions on a specific territorial segment.
Principles of government
We study the concept and principles of public authorities that form a single system. This system works, performs its natural functions on the basis of principles of a general nature, which should be understood as guidelines, initial ideas that define key approaches to the creation and further functioning of the state system. organs.
The main determining quality of the system of state structures of Russia is its unity. It is primarily due to the fact that this system is based on state. the integrity of the country, on the unity of the state power system. It is important to note that the manifestation of unity lies in the following aspects:
- Delineation of powers and subjects of authority between government bodies on the territory of Russia and government bodies of constituent entities of the Federation.
- All structures of the state management system (the concept of a system of public authorities implies a set of separate structures of state power that perform various functions in the interests of states and on behalf of it) function in a joint manner. They interact and are interconnected, and also depend on each other. It should be noted that within the framework established by the state, some structures of a single system are appointed or elected by others, some of them are accountable or controlled by others, some lead others. In addition, between all structures of state. authorities have a fairly close relationship of legal nature.
Legislative regulation
Next, we study the issue of legislative regulation of the system in question. The system of legislative structures of state. The authorities of the constituent entities of Russia are independently determined by them on the basis of the constitutional system in force in the country and federal laws.
The Constitution of the Russian Federation determined the main provisions in accordance with which the activities of state structures should be formed. authorities of the subjects of Russia. Among them are the independence and autonomy of the governing bodies of the constituent entities of the Russian Federation, which have all state power, with the exception of subjects of joint and federal jurisdiction; state integrity, as well as the unity of the system of state structures. authorities; protection of civil rights throughout Russia; a clear delineation of powers and objects of competence between bodies of the federal level and bodies of state. authorities of the subjects of Russia.
System Composition
It is worth noting that in the system of structures of state. The authorities of the constituent entities of Russia include the following components:
- The legislative structure of public administration.
- The highest executive structure of public administration.
- Other government structures that are formed strictly according to the Constitution or the Charter of a particular constituent entity of the Russian Federation.
The activities of public administration structures of the constituent entities of Russia are implemented according to a number of principles, among which the following points should be noted:
- The integrity of the Russian Federation both in the territorial and in the state plan.
- The spread of sovereignty of the Russian Federation throughout the country.
- The absolute supremacy of the current Constitution and federal laws throughout the country.
- The unity of public administration.
- Classification of state. executive, judicial and legislative powers (these varieties are fully considered above).
- Separation of powers and objects of competence between the government structures of the country and the subjects of the Russian Federation.
- Independent implementation of the powers that belong to them by the government bodies of the country's subjects and local governments.
It is important to supplement that the federal structures of the executive type of power, as well as the structures of the executive power of the country's subjects, in accordance with a mutual agreement, can transfer each other a certain share of their powers.
Subject Requirements
You should be aware that at present, through legislation at the federal level, a number of requirements of a fundamental nature have been enshrined, which are binding on absolutely all constituent entities of the Russian Federation.
Among them, it is important to note the following: firstly, it is the regularity in the selection of management bodies operating in the public sphere and strictly fulfilling the functions established by law; secondly, a ban on the establishment of residency qualifications in order to elect to the administrative bodies of a subject of the Russian Federation; thirdly, a strict ban on the establishment of language qualifications; fourthly, the election of a single age to exercise both passive and active suffrage; fifthly, the establishment of the highest position of the subject of Russia by the legislative structure of public administration of the subject of Russia in accordance with the proposal of the President; and, finally, the establishment of the longest period of authority of any government structure of the subject of the Russian Federation.
It is worth adding that today this period, as a rule, is five years. It may be less, but may not exceed 5 years.