State and municipal administration. Concept, legal status of a public authority (the most important)

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State and municipal administration. Concept, legal status of a public authority (the most important)

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13. Concept, legal status of a public authority

A public authority is a link in the state apparatus that participates in the implementation of certain state functions and is endowed with authority in this regard.

Signs of public authorities:

1) is created and acts on behalf of the state - the Russian Federation or its subject;

2) acts on the basis of laws and other normative legal acts;

3) performs the functions and tasks peculiar only to him;

4) has its own competence;

5) is characterized by organizational isolation and independence;

6) endowed with authority, i.e., his decisions are made on behalf of the state, are binding on all.

State bodies of the Russian Federation act on the basis of the Constitution of the Russian Federation and the principles laid down in it.

Constitutional principles - these are the initial principles enshrined in the Constitution of the Russian Federation that underlie the functioning of state bodies.

These principles are:

1) priority of the rights and freedoms of man and citizen (Articles 2, 7 of the Constitution of the Russian Federation);

2) democracy (Article 3 of the Constitution of the Russian Federation);

3) federalism (Article 5 of the Constitution of the Russian Federation);

4) separation of powers (Articles 10, 11 of the Constitution of the Russian Federation); 5 legality (Article 15 of the Constitution of the Russian Federation);

6) secularism (Article 14 of the Constitution of the Russian Federation).

In their activities, public authorities should be guided by the principle of priority of human and civil rights and freedoms.

Fixing universal standards for the protection of the rights and freedoms of the individual, countries and states take measures to comply with them and protect them from all kinds of encroachments.

The principle of democracy means that the supreme power in the country is vested in the bodies to which the people entrust the appropriate powers, on their own specific conditions.

The principle of federalism expressed in the unity of the system of state power, the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and its subjects.

The principle of separation of powers. In order to prevent abuse, all branches of state power must be independent, independent and mutually balanced.

The principle of legality means the obligatory observance by all state bodies of the Constitution of the Russian Federation, laws and by-laws.

The principle of secularism means mutual non-interference of both the state and its bodies in the affairs of the church, and religious organizations in state affairs.

Author: Konstantin Sibikeev

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