The system of state bodies of Russia is divided into three branches: state bodies of the judiciary, legislative (representative) and executive. Let us consider in more detail the various classifications and functions of state bodies. As well as the classification of external relations of states. The concept of classification will also be considered in more detail.
Government bodies: legislative aspect
The dominant law of Russia is the Constitution, adopted in 1993. It defines three branches of state power and assigns a list of competencies to each.
There are federal constitutional laws that establish detailed principles for the operation of each of the branches of government and related bodies.
So, annually amendments are made to the list of FKZ. By 2018, Russia has 5 FKZ (in order):
- The law initially regulated the judicial system of Russia, but by 2014 amendments were adopted to it, which abolished the Military Court.
- The law regulates the work of the Supreme Court of Russia. Earlier in the state there was a higher Arbitration (court), but in 2014 it was abolished and all functions were transferred to the Armed Forces of the Russian Federation.
- The law amends the Constitutional Law on Courts.
- The law edits all FKZ, based on amendments to the Constitution of the Russian Federation.
- The law is relatively new, as it was approved in connection with the incorporation of the Republic of Crimea into Russia.
Normative acts regulating the work of state bodies
Note the following list of important legal acts:
- Law on the Principles of Operation of Legislative and Executive Authorities (184).
- Local Government Act. (Important! Local self-government bodies (hereinafter - LSG) are not included in the system of state authorities.)
- Other regulatory legal acts.
The classification of state bodies in the order of formation is developed in accordance with the Constitution of Russia. It is she who establishes federalism in our state.
State body, concept, signs, classification
State power is a direct form of influence on the life of society and reflects the rule of law in the state.
The bodies that exercise the functions of state power are fixed in the scientific literature as links in the apparatus of state administration that implement functions through empowerment. Such a definition is generally accepted and generally accepted. Consider several classifications of authorities:
- There is a classification according to the form of occurrence, that is, primary and derivatives. Primary government bodies are elected by society and are not changed by higher authorities. Derivatives are the result of the formation of a higher authority, for example, a ministry is created by forming directly by the Government of the Russian Federation.
- There is a grouping of bodies into local (municipal) and higher. The first group includes the Government of Russia, the president and other representative (legislative bodies) at the federal level. Local authorities carry out the function of organizing activities in administrative districts, regions and other structures.
- Researchers and specialists in the theory of state and law distinguish bodies of general and special competence. For example, the general competence is inherent in bodies performing an extensive list of powers. And specialized structures carry out sectoral work, whether it is agriculture, transport or the treasury.
- Federal structures are distinguished by the presence of one or more officials. The collegial body of state power is the Federal Assembly, and the president of Russia is considered to be the sole president.
The problems of classifying state bodies are associated with the vast territory of Russia and the presence of a huge array of varieties of government bodies.
From a scientific point of view, there are structures involved in a particular activity in the legal sphere:
- body performing law-making functions (legislative body - State Duma);
- body applying normative acts (Government of the Russian Federation, ministries);
- body protecting the rights (Ministry of Internal Affairs of Russia and others).
The above structures tend to be permanent or temporary. This factor also divides organs into groups.
Thus, it is possible to classify state bodies according to various criteria, since each has special characteristics and competencies.
Principles of organization of work of state bodies
The concept of an organ of the state, signs and classification of its structures are generally described. But you can still talk a lot about this topic, go into small details. Now we will consider the general principles on which the classification of state bodies in TGP (the theory of state and law) is based:
- authorities exercise authority on behalf of the state or entity;
- competence is legal, justified and provides the necessary authority;
- the functionality of the state body is strictly defined;
- the body works independently without the help of other organizations;
- has the power of state coercion.
Federal government bodies
Authorities are divided into several levels. In the Russian Federation, the following procedure for exercising powers is established:
- federal level;
- regional level;
- local level.
The scientific literature indicates that, in comparison with the Anglo-Saxon system of organization of power (two-level) in Russia, a three-level structure is established.
The classification of state bodies at the federal level is regulated by the Constitution of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation and government decrees.
Federal authorities are authorized to exercise rights, fulfill duties and protect citizens from attacks not only at the state level, but also in lower structures. This competency is transferred to the regions by creating similar bodies.
The state authorities at the federal level include:
- the prosecutor's office of Russia;
- Ministry of Internal Affairs of Russia;
- Investigative Committee of Russia;
- the courts;
- Federal Customs Service (FCS);
- federal security service.
Regional authorities
Regional authorities also have three forms: legislative, executive and judicial.
- The legislative system is formed by creating a regional, regional or other meeting, which has a law-making function. The body has the right to create normative acts, which, after approval, are valid in the territory of the subject of the federation. You should be aware that the normative acts formed by the legislative assembly should not contradict the higher federal laws and other acts of the Russian Federation.
- The executive body of the region is the Government, which has the right to form ministries, departments and departments involved in organizing work.
- Unlike the regional legislative body, the executive is a structure that accepts the delegation of rights of the federal executive subject of power.
- The judicial system of the region is composed of local courts (magistrates), which take into account the national traditions and characteristics of the people living in a particular territory. In addition, the regional system has city and district courts. As well as higher regional (regional, provincial) courts, competent in matters of appeal and cassation.
Government officials
Positions in the public service are held by persons who have passed the competitive basis and are relevant in terms of education and reputation for the implementation of job descriptions.
Federal law, enshrined at number 79, establishes the basis for the exercise of official powers by individuals and delimits the categories of posts in Russia. For example, there are posts of the 1st, 2nd, 3rd category, as well as advisers, assistants and others.
To occupy higher posts, it is necessary to observe the rules of length of service, level of education, as well as the absence of grounds for a conflict of interest.
Public service in Russia
In the last decade, the concept of public service and its types has been reformed in Russia. Until recently, a law enforcement service existed in the Russian Federation, however, this category was abolished by amendments.
Consider the current types of public service in Russia for 2018:
- civil service;
- military;
- other types.
Thus, the law enforcement system is automatically included in the concept of “another type of public service”. This is due to the fact that the legislator has not adopted a federal law on law enforcement service. That is, this type of state bodies functioned without a regulatory act. The State Duma considered a draft law that was not adopted, and therefore the specified type of service was abolished.
Bodies not included in the system of state
As mentioned above, there are bodies that are not part of the state system. This type of local government.
LSG is an independent entity, which organizes economic, economic and other activities necessary to ensure the life of the residents of the municipality.
So, the municipality has its own structure similar to the federal authorities.
The local administration has departments that deal with certain issues (housing and communal services, transport, legal support, media, economics, construction, water supply and others). To enter the municipal service it is necessary to pass the competition in the same way.
The administration is an executive body and is engaged in life support issues. However, there are other structures (legislative) that organize the work on legal support and preparation of administrative documents.
City Council
The City Duma is a legislative body that is not part of the system of subjects of power, but performs similar functions on the ground. The City Duma has the right to create normative acts that do not contradict the Constitution of Russia and other federal laws.
At the same time, the City Duma adopts the budget of the municipality for a period of 3 years, determining the main directions of development. The officials of the Duma are local deputies who are elected for a term of five years by local residents.
LSG officials
Local government officials must comply with laws, duties and have the status of an official. It should be noted that state executive bodies can delegate separate powers to a local government entity.
In addition, officials must have information in one area or another and have a responsible approach to the distribution of budget funds. If LSG has losses, regional authorities have the right to organize the transfer of subsidies or subsidies to education to cover expenses for certain needs.
Thus, government bodies are a structure that ensures the life of the whole society both at the federal and local levels. Bodies carry out policies in various fields, helping to develop both the internal component of the state, and conduct foreign policy, establishing links with the external environment. The problem of classifying the types of government bodies is currently being addressed through the entry into force of legal acts regulating the work of the state structure.
Summing up, it can be noted that the main goal of state authorities is to establish and ensure the rights of Russian citizens. This fully reveals the concept and classification of state bodies as a whole.