Administrative law. Executive branch (most important)

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Administrative law. Executive branch (most important)

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7. EXECUTIVE POWER

The history of the emergence of the term "executive power" abroad has a long history as the principle of separation of powers and the creation of a system of "checks" and "balances", i.e. an increase in the volume of power of any state body or official should be adequate to an increase in the volume of responsibility in order to avoid uncontrolled types of state power.

Theory of separation of legislative and executive powers, developed by the English philosopher John Locke (1632-1704), was subsequently developed and supplemented by an independent judicial power by the French jurist Charles Montesquieu (1689-1755), and it is used for state development, taking into account the historical and national characteristics of different countries. In Russia, executive power was first legislatively enshrined as an independent form of state power in Art. 10, 11 and 110 of the Constitution of the Russian Federation of December 12.12.1993, XNUMX

In Art. 10 fixed three forms of state power, and in Art. 11 of the Constitution of the Russian Federation already defines four bodies of state power. Executive power has its own specific features (signs) both at the federal level and at the level of subjects of the Russian Federation:

1. The highest link (subsystem) of the executive body of the Russian Federation is the Government of the Russian Federation.

2. Delineation of the subject of jurisdiction, its boundaries and the procedure for the adoption of administrative legal acts at the federal level and at the level of constituent entities of the Russian Federation.

3. Management acts are always adopted on the basis of the Constitution of the Russian Federation, Federal Laws, Federal Laws and decrees of the President of the Russian Federation.

4. State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation and the courts of the Russian Federation.

5. The current system of federal executive authorities, in accordance with Decree of the President of the Russian Federation of March 09.03.2004, 314 No. XNUMX, has two blocks - “presidential” and “government”, which have their own levels of the system.

The special role of the executive branch lies in the fact that all the most essential attributes of state power are at the disposal of its subjects (for example, finances, means of communication, the army, internal troops, police, internal and external security services, etc.).

Executive power by its nature is not identical to administrative power, since administrative power is primarily the implementation of extrajudicial, i.e. administrative, coercion.

Author: Chetverikov V.S.

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