The third article of the Constitution of the Russian Federation explains the essence of the concept of public authorities. This term has not been enshrined in federal laws. It is replaced by the term "state power". Nevertheless, this does not negate the definition of the source of power itself - when using any term, power should equally rely on our multinational people. A single democracy is assumed - in its main form, despite the fact that the articles of the Constitution in real life are not respected and not always. The main document of the country gave the people such a right: public authorities, as well as self-government - the main form of a single democracy. All existing institutions and each official are authorized by the will of the people, which is expressed in elections that give power to lawfulness and legitimacy.
Power system. What are you talking about?
In any law enforcement practice, including judicial, as well as in scientific literature, the term "public authorities" is widely used, hence the conclusion: state power, together with municipal self-government, expresses the interests of society, the people of the Russian Federation with all its nationalities at a given territorial level. That is why it is perceived as a system. Public authorities represent a branched structure, which owns all the means of both local and state influence on the public and all processes taking place in it.
This system links together bodies of different levels and different profiles, solving state problems according to direction and industry, performing the functions of the most diverse organizational legal forms of state activity within their competence. This includes the executive bodies of public authority, as well as state, municipal and local governments, managed by the state. Each of the above bodies includes officials who are vested with authority. For example, the executive bodies of public authority are called upon to ensure the full implementation of state policy. As well as the implementation of the entire legislative framework. Which takes representative power. Decisions are implemented through the work of the government, president and local authorities.
The current government. Signs
In the Constitutional Court, the wording "public authorities of the Russian Federation", "its levels and system", which listed government officials, was repeatedly used. As acting bodies of political power. The functions of the state are realized through the state apparatus, that is, the system of interconnected bodies and officials. Which carry out public policy. What are public authorities in the Russian Federation? These are institutional elements authorized to function properly, implementing one of the forms of democracy. This is precisely what is said in article 3 of the Constitution of the Russian Federation.
The structure of public authorities is created and acts on behalf of the state, and the order of activity and their creation is determined by the legislation. Each of them has its own competencies, that is, independent and isolated, judging by the organizational characteristics, although it is only a link in one of the constituent parts of the state apparatus, and this system is one. Decisions of public authorities are binding. Since everyone is endowed with power and, if necessary, can reinforce the requirements of the coercive forces of the state.
Thus, the definition may sound like this: a public authority is a separate unit endowed with a combination of the above features, including authority, which acts on behalf of the state within its own competence and in the manner prescribed by law, performing the functions of the state. All public authorities in the Russian Federation are assembled into a single system and operate as a single mechanism. This system is highly complex, and therefore is classified for various reasons.
Classification: level of activity and method of creation
Bodies of the constituent entities of the Russian Federation and federal bodies are distinguished by level of activity. The latter include the president, the Federation Council and the State Duma (Federal Assembly), the Russian government and the courts. Our state is federal. Therefore, the public function of the authorities is carried out through not only federal, but subjective.
Thus, a system is organized that the constituent entities of the Russian Federation have established independently, based on the Constitution (Article 77) and the coinciding principles of the organization of executive and legislative power structures. There are common signs of public authorities. One cannot guess about them. This is the presence of the legislative (representative) body and the head - the highest official, executive bodies (various departments, departments, ministries, administration, government), as well as the constitutional constitutional court and magistrates.
By the method of creation can be classified by three parameters. These are election, appointment and appointment by election. For example, the concept of a public authority implies election to representative (or legislative) administrations in the country's subjects, to the State Duma, as well as the election of the President of the Russian Federation. Federal judges and ministers are appointed. Elected to be appointed, in representative bodies. This applies to justices of the peace, various commissioners and so on.
So, the interaction of public authorities is especially clearly visible if the methods of consciousness are divided into derivatives and primary. Elected are primary, and derivatives are obtained in the process of formation by their primary forces. It is from here that derivative bodies gain authority. So the Accounts Chamber, the government, the Central Election Commission and many others were formed.
Legal basis and tasks performed
The legal basis is a fundamental factor in the creation and functioning of any state entities. This classification item includes absolutely all types of public authorities. They are created on the basis of either the Constitution, such as the Federation Council or the State Duma, the office of the president and the like, or on the basis of federal laws, such as election commissions or courts, or on the basis of presidential decrees, as commissioners - for human rights, human rights a child and so on, either on the basis of government regulations, like a prize board or any supervisory commission.
There are also charters of the constituent entities of the Russian Federation, on the basis of which legislative assemblies are created and operate in the constituent entities, governors. The subjects also have their own laws and regulations, on the basis of which various councils are created under the government in the regions. For example, the Maritime Council in the government of St. Petersburg. The legal basis has completely different roots when creating an organization under the government of the subject than when creating legislative bodies of public authority.
The nature of the tasks performed by different government entities may vary significantly. Here the classification is carried out as follows. The first group includes legislative bodies. They have the exclusive right to regulate legislation by adopting relevant acts. These public authorities also have the highest responsibility. In the second group there is an executive branch, in its functions the decision of administrative and executive tasks. The third group administers justice. These are the judiciary.
Way of management, authority, competence
The classification is based on the management method: the State Duma and the government belong to collegial bodies, and the president and commissioners belong to sole bodies. Separation by term of office also means a lot, where permanent public authorities are established that operate an unlimited amount of time, and temporary ones created for work for a certain period. This includes special departments for special territories and special regimes - for carrying out operations to seize terrorists or in a state of emergency.
The scope of competence delimits the bodies that decide the widest range of issues, such as the Federal Assembly, the government, and others, as well as industry or special competence bodies specializing in individual functions. For example - the accounting chamber, the Ministry of Internal Affairs, the prosecutor's office and the like. Science supports a more general classification. According to its interpretation, there are main bodies and so-called other state bodies.
Article 11 (part one) of the Constitution of the Russian Federation lists the federal authorities of the state. Other bodies are not provided there. However, the presidential administration, the Security Council, the Central Bank (Bank of Russia), the Prosecutor's Office of the Russian Federation, and many other (so-called "other") government bodies are mentioned. Legislation adopted this term as a basis.
Administration, Accounts Chamber, CEC of the Russian Federation
Since March 2004, the Presidential Administration has been the state body in accordance with its Decree No. 400. The administration ensures the activities of the head of state and monitors the implementation of his decisions. In 2010, the Security Council of the Russian Federation was created (Article 13 No. 390-FZ), which became an advisory body for the preparation of decisions of the president in matters of security, defense production, military construction, cooperation in this area with foreign states and many others, including protection of the constitutional order, independence and sovereignty, territorial integrity of the country.
The Accounts Chamber acquired its status in 2013 (according to Federal Law No. 41-FZ) and since then has been acting continuously as an external audit body. This public authority is accountable to the Federal Assembly and carries out expert analysis, control and auditing, information activities, monitors the targeted use of funds, and the effectiveness of investments from the federal budget and extra-budgetary, but state funds.
The Central Election Commission operates in accordance with Article 21 of the Federal Law on Guarantees of Electoral Rights, organizes the preparation of elections and their conduct, as well as referenda. Its competencies are established by federal laws, as for any other branch of government. The Bank of Russia has been authorized since July 2002 by Federal Law No. 86-FZ to protect and ensure the stability of the ruble, regardless of any other government bodies of the country, constituent entities of the Russian Federation, and local self-government bodies.
Prosecutor's office
In 1992, a unified federal centralized system was established to supervise the implementation of laws and compliance with the Constitution, which are valid throughout the country. Federal Law No. 2202-1 called the Prosecutor’s Office of the Russian Federation the body performing the functions of the public prosecutor in judicial review of cases, and it should also carry out an anti-corruption examination of legal acts. The system includes the General Prosecutor’s Office, prosecutor’s offices of subjects, as well as scientific institutions and educational, print media, prosecutors of certain regions and cities, military and specialized prosecutors.
Only the Federation Council (on the proposal of the president) has the right to appoint or dismiss the general prosecutor, the term of work is five years. In subjects, prosecutors are appointed by the Prosecutor General in agreement with the state authorities of the subjects. For example, in the Moscow region for the appointment of a prosecutor, the consent of the regional Duma and the governor is needed, in the Nenets Autonomy only meetings of deputies of the district are necessary, and in the Bryansk region, the administration of the region and the regional Duma.
investigative committee
Criminal proceedings by Federal Law No. 403-ФЗ in December 2010 was authorized to conduct the Investigative Committee of the Russian Federation. His tasks also include the reception and registration of reports of crimes, their verification and the initiation of criminal cases. The Investigative Committee and investigates the crimes, identifying the circumstances that contributed to their commission, taking measures to eliminate them. In the field of legal proceedings, international cooperation is ongoing.
The system of the Investigative Committee of the Russian Federation consists of the central apparatus, investigative departments central and in the constituent entities of the Russian Federation, as well as departments equal to it for districts and cities, including specialized ones, educational and scientific institutions and organizations have been created that ensure the full-fledged activity of this state body. The head of the Investigative Committee is the chairman, who is appointed by the president. The Attorney General and his subordinates oversee the implementation of laws in the activities of this body.
Constitutional Assembly and other bodies
The Constitutional Assembly shall be convened, if necessary, to resolve issues of revising the Constitution of the Russian Federation, as provided for in Article 135 of the Federal Constitutional Law. This law is still in the adoption phase. However, the state authority - the Constitutional Assembly is vested with constituent power and the right to adopt a new version of the Constitution, and therefore should be formed with the widest representation of public and state structures on the basis of the separation of powers and the federal structure of the country.
There are many other bodies working in power structures that are not specified in the Constitution. For example, this is the Council of State, represented by senior officials of the country's constituent entities. This is a deliberative body and has been acting by presidential decree No. 1602 since September 2000, contributing to the realization of the powers of the first person in the state to ensure coherence in the functions and interaction of all authorities.
