Конституционное право Российской Федерации. Конституционный статус исполнительной власти в РФ (самое важное)

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Конституционное право Российской Федерации. Конституционный статус исполнительной власти в РФ (самое важное)

Lecture notes, cheat sheets

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17. CONSTITUTIONAL STATUS OF THE EXECUTIVE POWER IN THE RUSSIAN FEDERATION

The unified system of executive power in the Russian Federation, in accordance with the Federal Law "On the Government of the Russian Federation", is headed by the Government of the Russian Federation, which operates on the basis of the Constitution of the Russian Federation, federal legislation, regulatory decrees of the President of the Russian Federation, guided by the principles of the supremacy of the Constitution of the Russian Federation and federal legislation, democracy, federalism, separation of powers, publicity and ensuring the rights and freedoms of man and citizen. The Government of the Russian Federation directs the work of federal ministries and other federal executive bodies (federal services, federal agencies), controls their activities. A number of departments report directly to the President of the Russian Federation (Ministry of Internal Affairs of the Russian Federation, Ministry of Foreign Affairs of the Russian Federation, etc.). Federal executive authorities have the right to create their own territorial bodies in the constituent entities of the Russian Federation (federal districts).

The Government of the Russian Federation, in addition to the Chairman and his deputies, includes federal ministers - heads of federal ministries, the main federal bodies of state power. A member of the Government of the Russian Federation with the rank of a federal minister is also the head of the apparatus of the Government of the Russian Federation. Federal ministers may also head other federal executive bodies. The Deputy Prime Minister of the Russian Federation and federal ministers are appointed and dismissed by the President of the Russian Federation (candidates may be proposed by the Prime Minister of the Russian Federation). Heads of federal executive bodies who are not federal ministers are appointed and dismissed by the Government of the Russian Federation.

The system and structure of federal executive bodies is determined by the President of the Russian Federation. Currently, the relevant Decree of the President of the Russian Federation of March 9, 2004 No. 314 is in force, with subsequent changes and additions.

Federal executive authorities and executive authorities of the subjects of the Russian Federation form a unified system of executive power on issues of the exclusive jurisdiction of the Russian Federation and issues of joint jurisdiction of the Russian Federation and subjects of the Russian Federation. On matters of exclusive jurisdiction of the constituent entities of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation act independently. For example, when managing the federal property transferred to them, the relevant executive authorities of the constituent entities of the Russian Federation are subordinate to the federal executive authorities of the Russian Federation, and when managing the state property of a constituent entity of the Russian Federation, the relevant executive authority of the constituent entity of the Russian Federation acts independently, in accordance with the legislation of this constituent entity of the Russian Federation.

In the subjects of the Russian Federation, the highest executive body of state power of the subject of the Russian Federation is created, which manages other executive bodies of state power of the subject of the Russian Federation (both sectoral and territorial). If a position of the highest official of a subject of the Russian Federation is established in a subject of the Russian Federation (which is done in the vast majority of subjects of the Russian Federation), then he heads the highest executive body of state power of the corresponding subject of the Russian Federation.

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