Executive power is ... Functions of executive power. Executive authorities of the Russian Federation
Legislatively, the executive branch is regulated by the Constitution (Articles 125, 112, 85, 78 and 77), federal constitutional, state legal and regional regulations. At the same time in the legal literature various terms refer to one degree or another to this institution. Let us further consider what is the structure of the executive branch in Russia.
One of the main issues in the regulation of the considered area is the Federal Law, which regulates the general principles of the organization of representative and executive bodies of state power of subjects. It deals with regional offices. In domestic legislation, several terms are used which, in essence, designate the executive authorities of the Russian Federation. In hThe 3 preambles of the above Federal Law established that all definitions in the norms are applied in the same meaning.
Executive authorities of the Russian Federation: the concept
These parts of the overall system are government organizations. They are established at the highest level. The functions of the executive include:
- Ensuring the implementation of the adopted legal acts of the federal, regional and territorial level.
- Fulfillment of state management tasks in all areas of society and the country.
These executive functions are implemented through the use of special methods and forms of administrative action. The considered institution has certain powers, competence, state civil servants. This institute is also distinguished by its specific structure.
The state-legal principle of the executive bodies is conditioned by the constitutional division of power into several branches. The presence in the general system of the institution under consideration, thus, acts as a consequence of the consolidation of this principle.Executive power is a system that is implemented through the establishment of special units, services and departments. They are formed for the practical implementation of the tasks assigned to the institute. With their help, state administration is carried out in administrative, political, socio-cultural and economic spheres of life.
The activities of the executive branch are formed on the basis of:
- State and territorial integrity of the country.
- Distribution of sovereignty within the borders of Russia.
- The rule of the Constitution and the Federal Law on the entire territory of the state.
- Unity of the state power system.
- The division of the general system into representative, judicial and executive directions in order to balance the powers of institutions and prevent them from concentrating all or most of them under the authority of one state body or official.
- Differentiation of spheres of influence between federal and regional institutions.
- Independent implementation by the executive bodies of the subjects of authority entrusted to them.
- Ensuring independent work of territorial units. The local executive is directly subordinate to the regional.
Executive power is a system aimed at the implementation of existing standards. This task serves as the main one. In addition, the authorized units, offices and other services ensure the implementation of regulations by all entities in the territory of the state. The executive branch is an institution whose work has a regulatory, controlling, organizing, managerial character. The most effective implementation of tasks contributes to the presence of government positions in the units. Substitution of each post is carried out by civil servants. All of them have the appropriate special administrative and legal status. These include powers, restrictions, responsibilities, obligations, rights, etc. In the aggregate, posts form the staff of the executive body.
Executive authorities have a special status. The state gives them special powers, the implementation of which is carried out in specific legal forms. They have significant differences from the techniques and methods that are used in other areas of power.The competence of subdivisions and officials is established in various regulatory acts (the Constitution, regulations, orders, statutes, and so on). It typically includes such components as responsibility, tasks, duties and rights, as well as powers. Within their competence, the executive authorities adopt and approve management acts, as well as ensure their proper implementation.
Limits of authority
Executive power is a system in which work is carried out in several directions:
- Control and supervisory.
- Executive and administrative.
- Law enforcement.
In addition, the structures included in the system carry out legal actions, make decisions that cause legal consequences. Divisions, departments, services and other organizations work within a specific territory of Russia.
Executive bodies have the right to issue administrative (managerial) acts. Through these documents, the implementation of relevant tasks within their competence.In special legal acts and laws, the order of adoption, forms, features of state registration, promulgation, actions, challenging these administrative decisions are formulated. Legal documents of the executive bodies, on the one hand, are the most important legal forms of management work. At the same time, they are the result of administrative rule-making within the framework of the state administration system. These documents fall into the category of bylaws. This means that when they are issued, constitutional, federal and regional requirements and regulations must be complied with without fail. Bylaws are adopted for their development and ensuring the resolution of administrative cases and disputes that arise in the field of management.
The law defines the procedure in accordance with which the formation, reorganization, formation and liquidation of executive bodies is carried out. For each unit provides its own name. The federal and regional legislative acts establish the responsibility of the executive bodies, as well as employees, who occupy various positions in them. Each unit has its own stamp seal.Speaking as a legal entity, it may also have the status of a participant in civil law relations. Financing of the executive body is carried out from the federal or regional budget under a separate item of expenditure.
It is characterized by the fact that the executive bodies are distinguished by their independence and independence in the implementation of the powers entrusted to them. Exceeding the limits of the established competence is not allowed and is a violation of legal norms. The independence of the executive bodies is formulated in accordance with the Constitution, the Federal Law, acts of the government and the president, as well as other legislative and sub-legal documents.
The organizational structure of the executive bodies is formed through the development and approval of staffing. It is presented in the form of a list of units (with titles), positions and their number, as well as salaries of employees. Payment of salaries to officials is carried out in accordance with the tariff rate established in the staffing table. This document is, therefore,acts as the basis for the formation of the organizational structure of the executive institution, the amount of funding that is necessary to maintain and ensure the implementation of the powers vested in it. The order in which the staffing is made and approved is under the control of the higher divisions of the executive body. These documents are subject to mandatory registration with financial organizations.