Administrative law. Constitutional principles for exercising the functions of the executive branch (most important)

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Administrative law. Constitutional principles for exercising the functions of the executive branch (most important)

Lecture notes, cheat sheets

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9. CONSTITUTIONAL PRINCIPLES FOR THE FUNCTIONS OF THE EXECUTIVE POWER

The principle of democracy - the people are the bearer of sovereignty and the only source of power, they exercise their power directly and through public authorities, including executive authorities and local governments. Control over the activities of executive authorities should be carried out both by representative and judicial authorities, and directly by the people. At the same time, various forms of control over the work of the administrative apparatus and officials are used.

The principle of social justice It is enshrined in the social policy of the state, which is aimed at creating conditions that ensure a decent life and free development of a person.

The principle of democracy carried out in two main forms: direct - in referendums, free elections, meetings, conferences, gatherings of citizens, filing petitions (collective appeals of citizens to improve legislation), etc.; representative - through elected bodies of state power and local self-government bodies.

Principle of the rule of law means a hierarchical legal system in accordance with the legal significance of normative legal acts. The fundamental law of the state, the Constitution of the Russian Federation, has the highest legal force. All normative-legal acts must be adopted on the basis of and in pursuance of the basic law.

The principle of delimitation of subjects of jurisdiction and powers manifests itself in the fact that the acts of executive authorities of the federal level and the level of subjects of the Russian Federation should not be contradictory. The federal executive authorities create their own territorial structures and appoint appropriate officials, and also, by agreement with the executive authorities of the constituent entities of the Federation, transfer part of their powers to them, if this does not contradict the Constitution of Russia and the Federal Law. In turn, the executive authorities of the constituent entities of the Federation also transfer part of their powers to them.

The principle of legality in contrast to the rule of law means that public authorities, including the executive, local self-government bodies, officials, citizens and their associations are equal before the law and are obliged to comply with them.

The principle of priority of human and civil rights. All government bodies, and primarily executive authorities, are responsible for non-compliance with these rights.

The principle of publicity implies openness of legislation, accessibility and accountability of state institutions and officials on issues affecting the interests of citizens.

The principle of federalism presupposes state integrity, unity of state power, delimitation of subjects of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation, equality and self-determination of peoples in the Russian Federation.

The principle of objective consideration of national characteristics. Numerous interethnic conflicts require careful study of this principle and consideration when organizing the activities of executive authorities.

Author: Chetverikov V.S.

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