State and municipal administration. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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State and municipal administration. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. The concept of public administration

Management - the function of complex organized systems of any nature, ensuring the preservation of their structure, maintaining the mode of operation aimed at the implementation of their program goals.

The objects of control can be things, phenomena and processes, people, and the subject of control is always a person or a collective entity - the administration.

Social management - this is the management of numerous and diverse social processes occurring in human communities: tribe, clan, family, various kinds of public associations of people, and finally, in the state as the widest and most complex stable human community.

Power is the prerequisite and at the same time the driving force of the process of social management. It is well known that power as a social phenomenon and an inalienable property of the human community serves as an instrument for organizing this society, a regulator of social relations that develop in it. In the modern conditions of the current Constitution of the Russian Federation in the system of managing all the affairs of society and the state, three main types of social management can be distinguished: public, municipal and state.

public administration carried out within and within the framework of various kinds of associations of citizens by the governing bodies created by them on the principles of self-government in accordance with the charters, on the basis of local legal regulation, supplemented by state administrative and legal regulation, a strictly defined law, which is associated with state registration of associations, supervision and control behind their activities.

municipal government acts in the form of local self-government, acting as a public authority closest to the population and ensuring the protection of the interests of citizens based on their joint residence in a certain territory.

Public administration as a form of implementation of the prerogatives of the state by its bodies and officials in the general system of social public administration is the main scope and application of the norms of administrative law. In a narrow sense, public administration is understood as only one specific type of state activity related to the implementation of executive state power as one of the branches of state power.

In a broad sense, public administration refers to the activities of any state bodies of all branches of government.

2. The essence of public administration

All types of state activity can be divided into three groups according to their place in the system of implementation of state power, content and forms of expression.

Generic consolidated forms of state activity carried out by state bodies of legislative, executive and judicial power are commonly referred to as branches of state power. According to its internal content, the activity of the bodies of each of these three branches of government is complex and consolidated, as it includes several forms. For representative (legislative) authorities, the main and defining type of their activity is legislative. In the same way, for executive authorities, the main and determining type of activity is managerial executive and administrative activity, although they also carry out other types of state activity: representative activity of the Russian Federation in foreign states, various forms of participation in legislative activity, development of foreign and domestic policy doctrines.

Specific specialized forms of state activity are derived from the three generic branches of state power. These include the exercise of prosecutorial power, the activities of the Accounts Chamber, the Commissioner for Human Rights and his apparatus, the bodies of the Central Election Commission, etc.

Functional forms of state activity, the content of which are the specific functions of various law enforcement and other state bodies carrying out investigation, inquiry, operational investigative activities, etc.

Public administration has a number of features. The main one is the practically organizing nature of this type of state activity.

Purpose of public administration consists in the desire, ability and ability of executive authorities to organize the practical implementation of general prescriptions and norms of federal bodies and subjects of the Federation, decrees of the President of the Russian Federation, as well as acts of heads of subjects of the Federation.

The second sign of public administration - its continuous and cyclic nature. All other types of state activity related to the implementation of legislative, judicial, prosecutorial and other types of state power are intermittent.

The third sign public administration is the executive-administrative nature of this type of state activity. This sign reflects the features of the executive activity of state administration bodies and their officials in the practical implementation of the general requirements and prescriptions of laws and acts of presidential power.

3. Methods of public administration

State administration - a set of enterprises carried out with the aim of managing and controlling objects.

When studying public administration, various general scientific and special methods. Among scientific methods, analysis and synthesis are of great importance. With their help, for example, the branches of state power (legislative, executive, judicial, etc.) are singled out, the concepts of the state apparatus (in the broad sense), municipality, and local self-government are created.

Are applied logical method (with its help various conclusions are made, for example, about the principle of legality in management), formalization method (it helps, for example, to create various classifications), comparative method (allows you to compare the capabilities of different methods of public administration), quantitative methods (including statistical data indicating the composition of the management apparatus), forecasting method (for example, a conclusion about the possible spin-off of new branches of government), extrapolations (extension of signs of a given phenomenon to other similar phenomena), Modeling (artificial recreation of certain management procedures), experiment (practical verification of the activities of certain controls in the conditions created by the experimenter).

In the study of public administration are widely used historical method (for example, by using historical data, governance trends are identified), concrete sociological methods and techniques (questionnaires, interviews, surveys of the population, state and municipal employees), social-qualitative research methods (for example, to identify the social preferences of different groups of employees), legal (study of regulations governing public administration), comparative legal (for example, comparison with foreign management models, contrasting comparison) methods.

The most important role in the study of public administration is played by methods of monitoring the activities of relevant bodies and officials, simulation methods (for example, organizing appropriate business games that copy a certain type of activity of a state body or local self-government), various private methods, studying documents, statistics, reports of relevant bodies, these media.

Methods have specific characteristics:

1) the relationship of the object and the subject;

2) choice of method to achieve the objectives;

3) terms (short-term and long-term).

4. Subjects and objects of public administration

Subjects of public administration are individuals and legal entities (organizations) that manage or participate in management as subjects of management relations. Citizens (Russians, foreigners, stateless persons) and public associations can act as participants and, therefore, subjects of managerial relations with state executive bodies, and state bodies, their structural divisions and employees - as managing subjects in administrative and legal relations of each other. with a friend in any ratio, as well as in relations with public associations and citizens.

Objects of state administration various aspects of the administrative and legal status of citizens and their public associations (actions, inaction, rights, duties, responsibilities), as well as various aspects of the activities of socio-cultural and other institutions, enterprises and their associations (joint stock companies, holding companies, financial and industrial groups, natural monopolies, closed administrative-territorial entities, etc.).

Within the powers established by law, the subjects of management use various means at their disposal: economic, political, ideological. In order to accelerate the development of any industry, a certain object, preferences are established for it, state or municipal investments are provided.

The state (through a court decision) can ban a political party, prohibit the propaganda of extremist ideology, etc. Various methods of encouragement, permissions, requirements, prohibitions are used, and liability can be established for non-compliance. These means direct the activity of people and their collectives.

These or those bodies and officials can use only such means of state administration that are permitted by law. Different types of bodies and officials use different methods of state administration, and each of them uses the methods and within the framework established by the relevant legal act.

Branch of public administration is a set of enterprises, organizations, institutions of a homogeneous socio-economic or socio-cultural profile, which are under the jurisdiction of the central federal (or subject of the federation) executive authority. And the sphere of public administration includes the activities of special executive authorities that carry out functional intersectoral regulation on the scale of all or at least many branches of government.

5. Historical aspects of the concept of the state

The history of the state is inseparable from the history of society. It, together with society, passes a long historical path from the undeveloped to the developed, acquiring new features and properties along the way.

Lawyer n. M. Korkunov argued that "the state is a social union of free people with a forcibly established peaceful order by granting the exclusive right of coercion only to the bodies of the state." In a word, many scientists characterized the state as an organization of law and order (order), saw in that its essence and main purpose. But this is only one of the signs of this phenomenon.

The well-known statesman L. Dyugi highlights four elements of the state:

1) the totality of human individuals;

2) a certain territory;

3) sovereign power;

4) government.

The definition under consideration, which correctly reflects some of the features (signs) of the state, has given rise to various simplifications. Referring to it, some authors identified the state with the country, others with society, and still others with the circle of persons exercising power (the government).

Supporters of the psychological theory of law do not agree with the above concept. "The state is not a collection of people of a certain kind," F. Kokoshkin argued, "but the relationship between them, a form of community life, a certain psychic connection between them." However, the "form of community life", the form of organization of society - this is also only one of the signs, but not the whole state.

The biggest step in overcoming a one-sided approach to the concept of the state was made by K. Marx, expressing in Capital the idea that the state encompasses by its activity two moments: both the fulfillment of common affairs arising from the nature of any society, and specific class functions, i.e. That is, understanding it as the unity of its two closely interconnected sides - universal and class.

Any state, along with the solution of purely class tasks, also fulfills a universal mission, without which no society can exist. The fulfillment of common affairs primarily includes the fulfillment of the various collective needs of society: the organization of health care, education, social security, means of transport and communications, the construction of irrigation facilities, the fight against epidemics, crime, measures to prevent war and ensure peace, etc.

In modern educational literature the state is determined as a political-territorial sovereign organization of public power, having a special apparatus, capable of making its own orders binding on the whole country.

6. The concept and features of the state

The state is a political organization of society, ensuring its unity and integrity, exercising, through the state mechanism, managing the affairs of society, sovereign public authority, giving law a universally binding significance, guaranteeing the rights and freedoms of citizens, law and order.

The main features of the state:

1) territorial organization of the population and the exercise of public authority within the territorial limits.

The state has a strictly localized territory, to which its sovereign power extends, and the population living on it turns into subjects or citizens of the state.

The state differs from non-governmental organizations in that it personifies the entire population of the country, extends its power to it;

2) public (state) power.

Public it is called because, not coinciding with society, it speaks on its behalf, on behalf of the whole people.

The fundamental feature of public power is that it is embodied precisely in officials, i.e., in the professional class of managers, from which the governing and coercive bodies (the state apparatus) are completed;

3) state sovereignty.

Concept "state sovereignty" appeared at the end of the Middle Ages, when it was necessary to separate the state power from the church and give it an exclusive, monopoly value. Today sovereignty is an obligatory feature of the state. A country that does not have it is a colony or a dominion. Sovereignty as a property (attribute) of state power lies in its supremacy, autonomy, independence.

The supremacy of state power within the country means:

1) the universality of its power, which extends to the entire population, all parties and public organizations of a given country;

2) its prerogatives (state power can cancel, recognize as null and void any manifestation of any other public power);

3) it has such means of influence that no other public authority has at its disposal (army, police or militia, prisons, etc.).

4) the inextricable link between the state and law.

Without law, the state cannot exist. Law legally formalizes the state and state power and thereby makes them legitimate, i.e. legal. The state performs its functions in legal forms. Law introduces the functioning of the state and state power within the framework of legality, subordinates them to a specific legal regime. With such subordination of the state to law, a democratic legal state is formed.

7. Political power as a general sociological category

To understand the problem of political power, it is necessary to understand what power is in general, that is, to consider power as a general sociological category.

It is known that political (state power) is not the only type of public power. Power is inherent in any organized community of people. It is characteristic of both class and classless society, both for society as a whole and for its various constituent formations.

Accordingly, it is customary to distinguish between types of power: the power of the clan, tribe, community, political (state), economic, various public associations, parental, church.

Each of the varieties of public authority has a certain originality, differs in specific features.

It is important to keep in mind that, firstly, coercion is an integral element of the content of any power. Public power is unthinkable without coercion, which, in accordance with the historical situation and the nature of power, acquires a different content and form.

Secondly, relations regarding power, or power relations, are volitional in nature and, from the point of view of their structure, consist of “domination - subordination” and “leadership - subordination”.

Depending on the specific historical conditions, power can either act as a combination of "dominance - subordination" and "leadership - subordination" relations, or it can manifest itself only in the "leadership - subordination" relationship. Power is a means of functioning of any social community, manifested as a relation of subordination of the persons included in this community to a single guiding will in it.

The foregoing allows us to formulate a brief definition of the concept of power as a general sociological category.

Power - this is a means of functioning of any social community, corresponding to the nature and level of social life, consisting in relation to the subordination of the will of individuals and their associations to the guiding will in this community.

Such a definition characterizes any social power - class and non-class, state and non-state.

Political power is state power, i.e., one that comes from the state and is realized only with its (direct or indirect) participation.

The state is a direct embodiment, a special organization of political power.

8. State types

Currently, there are two main approaches to the typology of the state: formational and civilizational.

Until recently, the formational approach was recognized as the only possible and scientific one, since it expressed the Marxist attitude to the question of the type of state.

Its essence is that the clarification of the type of state is based on an understanding of history as a natural-historical process of changing socio-economic formations, each of which, in the conditions of the existence of classes, corresponds to a certain type of state.

"Historical types of the state": slaveholding, feudal, bourgeois and socialist types of state.

Considering the formational approach to the typology of the state in close connection with the Marxist doctrine of the state, one cannot fail to notice that the Marxist interpretation of these issues plays a significant role in the scientific explanation of the emergence and development of the slave and feudal types of the state.

The Marxist typology of states can be criticized or abandoned, but first something better has to be offered instead. In world literature, many bases for the classification of states have been proposed. More often than others, there was a proposal to divide them into democratic and non-democratic.

Recently, the classification of states into totalitarian, authoritarian, liberal and democratic has been widely used.

In a totalitarian state power is in the hands of the ruling elite, the dictator and his entourage. Legal regulation is dominated by the regime "Everything is prohibited except what is permitted by law".

authoritarian state differs from the totalitarian one by the penetration into it, albeit to a limited extent, of elements of democracy and legality.

liberal state formed under the influence of liberal ideas and doctrines, which belittle the role and importance of the state in society.

In a democratic state conditions are created for the real participation of citizens in solving state and other public affairs, all the most important bodies of the state are elected and controlled by the people. Citizens have a wide range of rights and freedoms guaranteed by law. Here the state serves society and the individual.

English historian A. Toynbee suggested civilizational approach classification of societies and states, which takes into account not only socio-economic conditions, but also the religious, psychological, cultural foundations of society.

The civilizational approach is substantiated by the idea of unity, integrity of the modern world, the priority of universal human values.

9. The concept of the form of the state

Any state is the unity of its essence, content and form. In order for it to function actively, for its mechanism to operate efficiently and smoothly, a well-organized state power is required.

under the form of a state refers to the organization of state power, expressed in the form of government, state structure and political (state) regime.

The concept of the form of the state covers:

1) the organization of the supreme state power, the sources of its formation and the principles of the relationship of the highest authorities among themselves and the population;

2) the territorial organization of state power, the relationship of the state as a whole with its constituent parts;

3) methods and ways of exercising state power.

The form of the state depends on the specific historical conditions of its emergence and development, the essence, the historical type of the state, has a decisive influence on it. So, the feudal type of the state corresponded, as a rule, to the monarchical form of government, and to the bourgeois - the republican. The form of the state largely depends on the balance of political forces in the country, especially during its emergence. The early bourgeois revolutions led to a compromise between the bourgeoisie and the feudal lords, which resulted in a constitutional monarchy.

The category of the form of the state shows the features of the internal organization of the state, the procedure for the formation and structure of state authorities, the specifics of their territorial isolation, the nature of the relationship with each other and the population, as well as the methods that they use to carry out organizational and managerial activities.

A more complete picture of the form of a particular state is given by an analysis of its three components - the form of government, the state structure, and the state-legal regime.

The form of government characterizes the order of formation and organization of the highest bodies of state power, their relationship with each other and the population, that is, this category shows who rules in the state and how. Depending on the features of the form of government, states are divided into monarchical and republican.

The form of government reflects the territorial structure of the state, the relationship between the state as a whole and its constituent territorial units.

According to the form of the device, all states are divided into unitary, federal and confederal.

The state-legal regime (political) is a system of means and methods for exercising state power.

Depending on the features of the set of means and methods of state power, democratic and authoritarian state-legal regimes are distinguished.

10. Forms of government

There are two main forms of government - monarchy and republic. Their supreme bodies differ from each other both in the order of formation, and in composition, and in competence.

Monarchy - this is a form of government in which all the fullness of state power is concentrated in the hands of one person - the monarch (king, king, shah, emperor, sultan, etc.), who performs the functions of both head of state, and legislative, and in many ways executive power .

Under an unlimited (absolute) monarchy, the monarch is the only supreme body of the state. He performs a legislative function, manages the executive authorities, controls justice.

Under a limited monarchy, the highest state power is dispersed between the monarch and another body or bodies (the Zemsky Sobor in the Russian Empire). The limited ones include a class-representative monarchy and a modern constitutional monarchy, in which the power of the monarch is limited by the constitution, parliament, government and an independent court.

Republic - a form of government in which:

1) state power is transferred by the people to a certain collegial, and not an individual body (senate, parliament, people's assembly, federal assembly, etc.), which performs its functional purpose in the mode of "checks and balances" with other branches of power;

2) representative power is replaceable, elected for a certain period;

3) the accountability and responsibility of the authorities for the results of their activities is legislated.

Signs of the republic:

1) electivity and turnover of representative power;

2) collegiality of the board;

3) accountability and responsibility (political and legal) of the authorities for the results of their activities.

Modern republics are divided into parliamentary and presidential.

In a parliamentary republic Parliament is endowed not only with legislative powers, but also with the right to resign the government, expressing no confidence in it, the government is responsible to parliament for its activities. The President of the Republic is the head of state, but not the head of government. The government is formed by the party that wins the parliamentary elections.

Presidential republic - This is a form of government in which the president, directly under certain parliamentary control, forms a government that is responsible to him for its activities.

11. Forms of government

The state structure is understood as the internal national-territorial organization of the state, the ratio of the whole and its part. This category provides answers to questions about how the territory of the state is organized, what parts it consists of, what is their legal status. There are three generally recognized forms of government: unitary, federal and confederal (intermediate).

Unitary state - this is an integral centralized state, the administrative-territorial units of which (regions, provinces, districts, etc.) do not have the status of state entities, do not have sovereign rights. Since the main feature of a unitary state is integrity, the following is natural: the only supreme body of the state, a single citizenship, a single constitution, which creates organizational and legal prerequisites for a high degree of influence of the central state power throughout the country. The bodies of administrative-territorial units are either fully subordinate to the center, or dually subordinate to the center and local representative bodies.

Most of the states have a unitary form of government. The population of a unitary state can be either single-ethnic or multi-ethnic.

Federal state (federation) there is a complex state, consisting of several subjects united to solve common problems.

In this case, the subjects are formed according to the national or territorial principle, or it uses both the first and the second.

The state formations and states that are part of the federation are called its subjects. They can have their own constitutions, their own citizenship, their own supreme state bodies - legislative, executive, judicial. The presence in the federation of two systems of higher bodies - the federation as a whole and its subjects - makes it necessary to distinguish between their competence (subjects of jurisdiction).

Confederation - this is a union of sovereign states, formed to achieve certain goals (military, economic, etc.). Here, the allied bodies only coordinate the activities of the member states of the confederation and only on those issues for the solution of which they have united. The Confederation does not have sovereignty.

Confederate associations are of an unstable, transitional nature: they either disintegrate or are transformed into federations. Confederation can be called a transitional form of government. For example, the states of North America from 1776 to 1787. were united in a confederation, which was dictated by the interests of the struggle against British rule. The confederation became a stepping stone towards the creation of a federal state - the United States.

12. Political regime

Political regime - these are methods of exercising political power, the final political state in society, which develops as a result of the interaction and confrontation of various political forces, the functioning of all political institutions and is characterized by democracy or anti-democratism.

Professor S. S. Alekseev highlights the following properties political regime:

1) the political regime primarily depends on the methods by which political power is exercised in the state. If these are methods of persuasion, agreement, legitimacy, parliamentarism, if only legal coercion is used, then there is a progressive, democratic regime. When the methods of violence come to the fore, a reactionary anti-democratic regime takes shape in the state;

2) in each country, the political regime is determined by the relationship, the alignment of political forces. In countries where there is a stable balance of political forces or long-term national consensus has been achieved, the result of such agreement is a stable political regime. But if one or another force gains the upper hand in a country, the political regime is constantly changing.

Depending on the nature of the means and methods of administrative influence used by the state power, authoritarian and democratic state-legal regimes are distinguished.

An authoritarian regime is characterized by:

1) people under such regimes are actually removed from the formation of state power and control over its activities;

2) all power is concentrated in the hands of the ruling elite, which does not take into account the fundamental interests of the population;

3) the opposition is eliminated;

4) the decisions of the central government are implemented with the large-scale use of violence, relying on the military-police apparatus. The full superiority of the state over the law is established;

5) a person is deprived of guarantees of security, a person cannot really enjoy general democratic freedoms, even if they are formally proclaimed.

Under a totalitarian regime power passes into the hands of a dictator who rules by violent means, there is an absolute concentration of legislative and executive power in one body. Human rights and freedoms are not protected by anyone.

Under a democratic regime the highest organs of the state act on behalf of the people, power is exercised in its interests by democratic and legal methods. Human and civil rights are guaranteed and protected by the state.

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.

14. Classification of public authorities

State organ - this is a legally formalized, organizationally and economically separate part of the state mechanism, consisting of civil servants, endowed with government powers and the necessary material means to carry out certain tasks and functions of the state within its competence.

According to the level of activity federal bodies and bodies of the subjects of the Federation.

At the federal level the system of public authorities includes: the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as federal executive authorities and courts of the Russian Federation.

In the subjects of the Federation state power is exercised by the bodies of legislative, executive and judicial power formed by them.

According to the nature of the tasks performed, state bodies are divided into four types:

1) legislative authorities;

2) executive authorities, the main form of activity of which is executive and administrative;

3) bodies of judicial power administering justice and authorized to apply state coercion;

4) bodies of control power, whose activity is to verify the conformity of acts and actions of state and other bodies, their officials:

a) permanent, which are created without limitation of validity;

b) temporary, which are created for a certain period.

Depending on the legal basis of education, one can distinguish between state bodies created on the basis of:

1) the Constitution of the Russian Federation;

2) federal constitutional laws, federal laws;

3) decrees of the President of the Russian Federation;

4) resolutions of the Government of the Russian Federation;

5) legislative acts of the subjects of the Russian Federation.

The organs of the state differ from each other in that some of them are collective formations, others are represented by one person.

A kind of generalizing basis for the classification of state bodies is their place, role, functional purpose in the structure of the mechanism of the state.

The study of various types of state bodies involves their comprehensive consideration, taking into account the close relationship of all the above-mentioned and, possibly, some other grounds for their classification.

15. Institute of the President of the Russian Federation: status, powers, responsibility

The President of the Russian Federation is the head of state and the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. He, as head of state, represents the Russian Federation within the country and in international relations; determines the main directions of the domestic and foreign policy of the state; negotiates and signs international treaties of the Russian Federation, instruments of ratification; accepts credentials and recall letters of diplomatic representatives accredited to him, and also exercises many other powers inherent in the head of state.

Prerogatives of the President of the Russian Federation as the guarantor of the Constitution of the Russian Federation, they are primarily aimed at ensuring the coordinated functioning and interaction of the bodies of all branches of government, that is, ultimately, at achieving the guaranteed art. 5 of the Constitution of the Russian Federation of the unity of the system of state power. In this regard, the President is empowered to dissolve the State Duma in cases and in the manner prescribed by the Constitution; call a referendum in accordance with the procedure established by the federal constitutional law; to sign and promulgate the laws adopted by the Federal Assembly; submit to the State Duma candidates for the post of Chairman of the Central Bank of Russia, as well as raise the issue of dismissing him from office; submit to the Federation Council candidates for appointment to the positions of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, as well as the candidacy of the Prosecutor General of the Russian Federation and make proposals to the Federation Council on the dismissal of the Prosecutor General from office; appoint judges of other federal courts.

In accordance with Ch. 4 of the Constitution of the Russian Federation, the President of Russia appoints, with the consent of the State Duma, the Chairman of the Government of the Russian Federation, has the right to chair meetings of the Government of the Russian Federation and decides on his resignation; on the proposal of the Prime Minister, appoints and dismisses his deputies, as well as federal ministers; approves the military doctrine of the state, appoints and dismisses the high command of the Armed Forces of the Russian Federation and is the Supreme Commander of the Armed Forces of the state; under certain circumstances and in accordance with the procedure established by the Constitution of the Russian Federation and the federal constitutional law, introduces a state of war, as well as a state of emergency, on the territory of the country or in its individual areas. The President is also the highest carrier, organizer and head of the executive power in the country, which he shares both directly and personally, and through the State Council of the Russian Federation, the Administration of the President of the Russian Federation and state bodies of government executive power.

16. Administration of the President of the Russian Federation

The Administration of the President of the Russian Federation is a state body providing activities of the President of the Russian Federation and monitoring the implementation of his decisions, and acts as part of the head of the Administration of the President of the Russian Federation, two deputy heads of the Administration of the President of the Russian Federation - assistants to the President of the Russian Federation, assistants to the President of the Russian Federation, press secretary of the President of the Russian Federation, head of protocol of the President of the Russian Federation, plenipotentiary representatives of the President of the Russian Federation in federal districts, advisers to the President of the Russian Federation, plenipotentiary representatives of the President of the Russian Federation in the Federation Council and the State Duma of the Federal Assembly of the Russian Federation, the Constitutional Court of the Russian Federation, senior assistants, assistants to the President of the Russian Federation and other officials, as well as independent divisions that consist of departments. The Administration of the President of the Russian Federation includes: the Office of the Security Council of the Russian Federation (with management rights), the offices of plenipotentiary representatives of the President of the Russian Federation in the federal districts (with management rights), the Office of Advisors to the President of the Russian Federation, the State Legal Administration of the President of the Russian Federation, the Office of the President of the Russian Federation (with management rights ), Control Directorate of the President of the Russian Federation, Referentura of the President of the Russian Federation (with management rights), Secretariat of the Head of the Administration of the President of the Russian Federation (with management rights), Office of the President of the Russian Federation for Foreign Policy, Office of the President of the Russian Federation for Domestic Policy, Office of the President of the Russian Federation for Personnel Issues and State Awards , Office of the President of the Russian Federation for Civil Service Issues, Office of the President of the Russian Federation for Ensuring the Constitutional Rights of Citizens, Office of Information and Documentation Support of the President of the Russian Federation, Office of the President of the Russian Federation for Work with Citizens' Appeals, Office of the Press Service and Information of the President of the Russian Federation, Protocol and Organizational Directorate of the President of the Russian Federation , Expert Directorate of the President of the Russian Federation.

The head of the Administration of the President of the Russian Federation and assistants to the President of the Russian Federation report to the President of the Russian Federation. The head of the Administration of the President of the Russian Federation coordinates the activities of aides to the President of the Russian Federation and distributes issues related to their jurisdiction. Deputy heads of the Administration of the President of the Russian Federation, assistants to the President of the Russian Federation, on behalf of the head of the Presidential Administration of the Russian Federation, carry out personnel appointments in the Administration of the President of the Russian Federation, resolve other organizational issues.

The Deputy Head of the Administration of the President of the Russian Federation - Assistant to the President of the Russian Federation - on behalf of the head of the Presidential Administration of the Russian Federation, in the event of his temporary absence, performs his duties.

17. Federal Assembly of the Russian Federation: formation procedure, legal basis for activities, structure and powers

According to the Constitution of the Russian Federation (Article 94), the Federal Assembly of the Russian Federation is the parliament of the Russian Federation. The Federal Assembly is the representative body of the Russian Federation.

The Constitution of the Russian Federation (Article 94) characterizes the Federal Assembly of the Russian Federation as the legislative body of the Russian Federation. The principle of popular sovereignty is realized in granting legislative power to parliament. As a result, the parliament legislatively regulates the life of the country and contributes to the formation of the rule of law.

The Constitution of the Russian Federation establishes a bicameral structure of parliament: the Federal Assembly consists of the Federation Council and the State Duma. The State Duma represents the entire population of the Russian Federation, and the Federation Council consists of members representing all subjects of the Russian Federation. The Federation Council is called upon to express the interests of individual localities and regional opinions.

The main functions of Parliament are:

1) representation;

2) lawmaking;

3) control.

The main stages of the legislative process are:

1) submission of a draft law to the State Duma;

2) consideration of the bill in the State Duma, adoption or rejection of the law;

3) consideration of the law by the Federation Council, its approval or disapproval;

4) signing by the President of the Russian Federation and promulgation of the law.

The subjects of the right of legislative initiative are (part 1 of article 104 of the Constitution of the Russian Federation):

1) President of the Russian Federation;

2) Federation Council;

3) deputies of the State Duma;

4) Government of the Russian Federation;

5) legislative (representative) bodies of state power of the subjects of the Russian Federation;

6) The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, but only on matters within their jurisdiction.

Both chambers of the Federal Assembly participate in the implementation of these functions. The powers of the Federation Council and the State Duma are enshrined directly in the Constitution of the Russian Federation (Articles 102 and 103).

The main function of Parliament is the function of lawmaking. Many subjects are involved in the legislative process, but the main burden in lawmaking falls on the State Duma.

In accordance with Art. 105 of the Constitution of the Russian Federation, the State Duma adopts federal constitutional laws and federal laws of the Russian Federation.

18. Structure and organization of the activities of the Federation Council of the Federal Assembly of the Russian Federation

The Constitution of the Russian Federation contains only starting points concerning the composition and procedure for the formation of the Federation Council. All subjects of the Russian Federation are represented in the upper house on an equal footing - two representatives each, one from the representative and the other from the executive body of state power of the subject of the Russian Federation. At present, the Federation Council is being formed in accordance with Federal Law No. 5-FZ of August 2000, 113 "On the Procedure for Forming the Federation Council of the Federal Assembly of the Russian Federation."

The following issues fall within the competence of the Federation Council:.

1. The possibility of changing the borders between the subjects of the Russian Federation is provided for in Part 3 of Art. 67 of the Constitution of the Russian Federation, according to which such a change requires their mutual consent.

However, the commented paragraph determines that, in addition to this mutual consent, the consent of the Federation Council is also required.

2. The possibility of introducing martial law by the President of the Russian Federation is provided for by Part 2 of Art. 87 of the Constitution of the Russian Federation.

The specified article of the Constitution of the Russian Federation obliges the President of the Russian Federation to immediately inform the chambers of the Federal Assembly of the Russian Federation about the introduction of martial law on the territory of the Russian Federation or in its individual areas.

3. The question of using the Armed Forces of the Russian Federation outside its territory may arise in various situations. It may arise in connection with the reflection of aggression against the Russian Federation, with the fulfillment of international treaty obligations, in particular in connection with the fulfillment of peacekeeping tasks.

To make decisions on the use of the Armed Forces outside of Russia in cases where it is directly prescribed by existing international treaties, the consent of the Federation Council is not required.

4. The Federation Council must adopt a resolution on calling the election of the President of the Russian Federation in one of two cases: when the term of office of the President of the Russian Federation expires or when the office of the President of the Russian Federation is vacated ahead of schedule.

5. The conditions and procedure for the removal of the President of the Russian Federation from office are regulated in Art. 93 of the Constitution of the Russian Federation.

6. Appointment to the position of judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation is carried out by the Federation Council on the proposal of the President of the Russian Federation (clause "e" of Article 83 of the Constitution of the Russian Federation).

7. The powers of the Federation Council to appoint the Prosecutor General of the Russian Federation are similar to those stated above. However, there is a difference, which consists in the fact that, according to the Constitution of the Russian Federation itself, the Federation Council not only appoints, but also dismisses the Prosecutor General of the Russian Federation from office on the proposal of the President of the Russian Federation.

9. The Federation Council, on a parity basis, participates together with the State Duma in the formation of the Accounts Chamber of the Russian Federation (in accordance with Part 5 of Article 101 of the Constitution of the Russian Federation), appointing the Deputy Chairman of the Chamber and six of its twelve auditors.

19. Structure and organization of the activities of the State Duma of the Federal Assembly of the Russian Federation

The State Duma of the Russian Federation is the lower house of the Parliament of the Russian Federation.

The State Duma consists of 450 deputies and is elected for a term of 4 years.

A citizen of the Russian Federation who has reached the age of 21 and has the right to participate in elections can be elected a deputy of the State Duma.

The procedure for the election of deputies to the State Duma is established by federal law: 225 deputies are elected in single-mandate electoral districts formed in the subjects of the Federation. The remaining 225 deputies of the State Duma are elected on the basis of a system of proportional representation in a federal constituency.

Powers of the State Duma:

1. Giving consent to the President of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation. This power of the State Duma provides for its participation in the formation of the Government of the Russian Federation.

2. Resolving the issue of trust in the Government of the Russian Federation. The power gives the State Duma the opportunity, although to a limited extent, to prevent the implementation of policies of the Government of the Russian Federation that are undesirable for it. This constitutional norm is closely related to the provisions of paragraph “c” of Art. 83, paragraph "b" art. 84, part 1 art. 109, parts 3 and 4 of Art. 117 of the Constitution of the Russian Federation.

3. Powers to appoint the Chairman of the Central Bank of the Russian Federation.

The Chairman of the Central Bank of Russia is appointed by the State Duma for a term of 4 years. The President of the Russian Federation must submit a candidate for appointment no later than 3 months before the expiration of the powers of the previous chairman.

4. Appointment and dismissal of the Chairman of the Accounts Chamber of the Russian Federation and half of its auditors.

5. Appointment and dismissal of the Commissioner for Human Rights of the Russian Federationacting in accordance with federal constitutional law.

6. Amnesty announcement.

Амнистия - this is a one-time exemption from criminal liability or its mitigation for persons who have committed certain crimes before the date established in the amnesty act.

7. Bringing charges against the President of the Russian Federation to remove him from office. The powers of the State Duma may be terminated by the President of the Russian Federation ahead of schedule in three cases:

1) after a three-fold rejection of the candidates for the Chairman of the Government of the Russian Federation presented by the President of the Russian Federation (Part 4, Article 111 of the Constitution of the Russian Federation);

2) in the event of a repeated (within 3 months) expression of no confidence in the Government of the Russian Federation (Part 3, Article 117 of the Constitution of the Russian Federation);

3) in the event of a single refusal of confidence in the Government of the Russian Federation when the issue of confidence is raised by the Chairman of the Government of the Russian Federation (Part 4, Article 117 of the Constitution of the Russian Federation).

20. Legal status of a deputy of the State Duma and a member of the Federation Council

Members of the Federation Council are representatives of the legislative and executive bodies of a constituent entity of the Russian Federation, authorized to exercise legislative power in the Federation Council and other powers provided for by the Constitution of the Russian Federation and federal legislation.

Member of the State Duma is a representative elected by the people authorized to exercise legislative power in the State Duma and other powers provided for by federal law.

According to the Law on the status of deputies of the State Duma and members of the Federation Council of the Federal Assembly of the Russian Federation, they are guided in their activities by the Constitution of the Russian Federation, federal laws, regulations of the corresponding chamber of the Federal Assembly of the Russian Federation.

Term of office of deputies and members of the chambers begins from the day of their election or approval to the corresponding chamber and terminates from the moment the corresponding chamber of the new convocation begins its work, except for cases of early termination of the powers of a deputy and a member of the chambers provided for by law.

In accordance with the Law of the Russian Federation on the status of deputies of the State Duma and members of the Federation Council of the Federal Assembly of the Russian Federation, they have the right to initiate legislation. Deputies of the State Duma and members of the Federation Council enjoy the right of a decisive vote on all issues considered by the chambers. A deputy and a member of the Federation Council shall personally participate in a meeting of the chamber of which he is a deputy and a member.

A deputy and a member of the Federation Council has the right to apply with a request to the Government of the Russian Federation, the Prosecutor General of the Russian Federation, the Chairman of the Central Bank of the Russian Federation, and the heads of federal executive bodies. On matters relating to their activities, deputies of the State Duma and members of the Federation Council shall enjoy the right of immediate reception by leaders and other officials.

Along with this, federal legislation establishes additional rules for deputies of the State Duma and members of the Federation Council. legal guarantees protection of their rights in the field of labor, administrative-legal, criminal-legal and criminal-procedural relations. A deputy of the State Duma and a member of the Federation Council shall enjoy immunity during the entire term of his powers. The issue of depriving them of their immunity is decided on the proposal of the Prosecutor General of the Russian Federation.

21. The Government of the Russian Federation in the system of state power: the legal basis for activities, structure and powers

In accordance with Part 1 of Art. 110 of the Constitution of the Russian Federation The executive power of the Russian Federation is exercised by the Government of the Russian Federation. Government of the Russian Federation - the highest, but not the only body in Russia exercising executive power.

The Government of the Russian Federation includes:

1) Chairman of the Government of the Russian Federation;

2) Deputy Chairmen of the Government of the Russian Federation;

3) federal ministers.

The leading role in the formation of the Government belongs to the President of the Russian Federation, however, the Chairman of the Government of the Russian Federation President appoints with the consent of the State Duma. Further formation of the Government of the Russian Federation is also carried out by the President of the Russian Federation, but at the suggestion of the appointed Chairman of the Government of the Russian Federation. Within a week after the appointment, the Chairman of the Government of the Russian Federation submits to the President of the Russian Federation proposals on the structure of federal executive bodies, and after its approval - specific candidates for the positions of members of the Government (the President of the Russian Federation is not bound by any term in the formation of the personal composition of the Government).

Dismissal from office of the Chairman and members of the Government of the Russian Federation also carried out by the President of the Russian Federation upon a personal resignation, in cases of expression of no confidence in the Government of the Russian Federation by the State Duma or refusal of confidence when the issue of confidence is raised by the Chairman of the Government of the Russian Federation, in case of impossibility of exercising his powers (including at the sole discretion of the head of state). The dismissal of the Chairman of the Government of the Russian Federation at the same time entails the resignation of the Government of the Russian Federation, while on behalf of the President of the Russian Federation the Government of the Russian Federation continues to function until the formation of a new Government, and the President of the Russian Federation has the right to entrust the performance of the duties of the Chairman of the Government of the Russian Federation to one of the Deputy Prime Ministers for a period of up to 2 months.

The government is the highest body of executive power in the Russian Federation, but the bulk of the work on public administration is carried out by federal executive bodies. Presidential Decree No. 9 of March 2004, 314 "On the System and Structure of Federal Executive Bodies" carried out a rather serious reform of the system of executive power in Russia. The decree fixes three types of federal executive bodies: federal ministry, federal service and federal agency.

The Russian government carries out general management of federal executive bodies, with the exception of federal executive bodies in charge of defense, security, internal affairs, etc., which are managed by the President of the Russian Federation.

22. The concept of the judiciary in the Russian Federation

The Constitution of the Russian Federation classifies the judiciary as an independent branch of state power (Article 10 of the Constitution of the Russian Federation).

In accordance with Part 1 of Art. 118 of the Constitution of the Russian Federation justice (a special type of legal activity assigned to the judiciary and carried out by it) in the Russian Federation is carried out only by the court. It follows from this that in Russia there are no and cannot be other bodies administering justice, and various quasi-judicial bodies do not administer justice. The Constitution of the Russian Federation also prohibits the creation of emergency courts.

The judicial system includes the following courts:

1) the Constitutional Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation;

2) court of general jurisdiction (justice of the peace, district court, supreme court of the republic, regional, regional, district court, military court, Supreme Court of the Russian Federation);

3) arbitration court (subject of the Russian Federation, appellate, district, Supreme Arbitration Court of the Russian Federation);

4) arbitration court.

The judicial system of Russia is enshrined in the federal constitutional law "On the judicial system of the Russian Federation". If the Russian Federation recognizes the jurisdiction of any international judicial body (in particular, the European Court of Human Rights), then its decisions are binding on Russia.

In accordance with Part 2 of Art. 118 of the Constitution of the Russian Federation, judicial power is exercised through constitutional, civil, administrative and criminal proceedings. At the same time, administrative legal proceedings are not organizationally formalized consistently: in the judicial system of the Russian Federation there is still no independent subsystem of administrative courts (their creation is a matter of ongoing judicial reform), and administrative disputes (cases of administrative legal relations) are considered by courts of general jurisdiction and arbitration courts (in the subsystem Arbitration courts created special administrative boards).

Unlike the legislative and executive authorities, the bearer of judicial power is not any judicial body, but a specific judicial composition (judicial board) or a judge alone, who act on behalf of the state.

Legislation provides for rather high requirements for the holders of a judicial mantle (compared to the requirements for persons filling a deputy mandate or a position in the executive branch). General constitutional provisions are detailed in the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the Status of Judges in the Russian Federation". Justice in the Russian Federation, regardless of the type of legal proceedings, the judicial body is carried out on the basis of general constitutional principlesdeveloped in special and procedural legislation.

23. Principles of the administration of justice in the Russian Federation

1) equality of all before the law and the courts (the courts do not give preference to any bodies, persons, parties to the litigation on the grounds of their state, social, gender, racial, national, linguistic or political affiliation, depending on the origin, property and official status, place of residence, place of birth, relationship to religion, beliefs, membership in public associations, etc.);

2) openness, publicity, publicity of the trial (This principle does not mean an absolute ban on holding closed court hearings. In the cases provided for by law, related, in particular, to the consideration of issues of state, commercial secrets, secrecy of adoption, intimate relations of the parties and otherwise, closed hearings may be held; in this case, the decision ( sentence) of the court is in any case announced publicly);

3) the integrity of the trial (according to the general rule, participants in the process must be present in the courtroom, the court and participants in the process must have the opportunity to ask each other questions, give explanations, etc. Trial in absentia is possible both in criminal and civil proceedings, but only as an exception in the limited cases provided for by law and on the mandatory condition that such proceedings will not interfere with the establishment of the truth);

4) accessibility of the language of legal proceedings (the general rule is the conduct of legal proceedings and office work in courts in the state language of the Russian Federation or a republic within the Russian Federation, however, in any case, persons participating in the case who do not speak the language of legal proceedings are guaranteed the right to speak and give explanations in their native language or in any freely chosen language, as well as to use the services of an interpreter);

5) competition and equality of the parties (the parties in the trial - the plaintiff and the defendant, the accuser and the accused - have absolutely equal procedural rights and opportunities to substantiate their position and refute the position of the other side; overcoming the accusatory bias in criminal proceedings is one of the tasks of the judicial reform being implemented in Russia);

6) combinations of collegiate and individual principles in the administration of justice. On behalf of the state, he can administer justice as a single judge;

7) (such participation is possible as arbitrators and jurors).

The principles of justice are directly related to the constitutional guarantees of judicial protection of violated rights, which are part of the constitutional and legal status of the individual.

24. Judicial bodies of the Russian Federation: formation procedure, composition and competence

The Russian judiciary as a whole is one and indivisible, however, it is conditionally possible to subdivide justice into three branches:

1) constitutional justice;

2) general justice;

3) arbitration justice.

The Constitutional Court of the Russian Federation resolves cases on compliance with the Constitution of the Russian Federation:

1) federal laws and regulatory legal acts of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

2) the constitutions of the republics, charters, laws of the constituent entities of the Russian Federation;

3) agreements between state authorities of the Russian Federation and state authorities of the subjects of the Russian Federation, agreements between the subjects of the Russian Federation;

4) international treaties of the Russian Federation that have not entered into force.

The Constitutional Court of the Russian Federation resolves disputes about the competence of:

1) between federal government bodies;

2) between state authorities of the Russian Federation and state authorities of subjects of the Russian Federation;

3) between the highest state bodies of the constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation decides exclusively questions of law.

Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction.

The competence of the Supreme Court of the Russian Federation includes the consideration of cases as a court of first instance, in the cassation procedure, in the order of supervision and on newly discovered circumstances.

The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, it exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.

The carrier of judicial power in the Russian Federation is primarily judges.

The requirements for a candidate for the position of a judge are as follows:

1) citizenship of the Russian Federation;

2) age limit (not younger than 25 years);

3) higher legal education;

4) work experience in the legal profession for at least 5 years;

5) absence of medical contraindications. Judges of the Constitutional Court of the Russian Federation, the Supreme Court

of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, judges of other federal courts - by the President of the Russian Federation, judges of constitutional (charter) courts - by the legislative bodies of the constituent entities of the Russian Federation, justices of the peace are appointed (elected) to the position in accordance with regional legislation, taking into account requirements of the Federal Law "On Justices of the Peace in the Russian Federation".

25. Status of judges

The status of a judge is characterized by the following constituent principles:

1) independence;

2) incompatibility;

3) irremovability;

4) immunity.

Judge Independence manifests itself in its submission only to the Constitution of the Russian Federation and federal law. Judges are not accountable to anyone in the administration of justice. A number of legal, social and material guarantees are also aimed at ensuring the independence of a judge (the prohibition to exercise any influence on a judge in a trial, the irremovability and inviolability of a judge, the possibility of providing personal protection and protection of the home, etc.).

Principle of incompatibility consists in prohibition for a judge to be in the civil service, to be a deputy of a representative body of power, to be a member of a political party, to engage in entrepreneurial and other paid activities (with the exception of teaching, scientific and other creative activities).

Irremovability of a judge means the impossibility of his transfer to another position or to another court without his consent. Irremovability does not mean lifelong tenure: the age limit for holding the position of a judge of a federal court is 65 years (as a judge of the Constitutional Court of the Russian Federation - 70 years).

The grounds for early termination of a judge's powers are: resignation, death of a judge, recognition of a judge as having limited capacity or incapacity, inability to exercise the powers of a judge due to health reasons, loss of citizenship of the Russian Federation, activities incompatible with the status of a judge, dismissal of a judge of a military court from military service, as well as early termination of powers as a sanction of disciplinary responsibility.

Judge immunity (judicial immunity) consists in a special procedure for bringing him to criminal liability (including bringing him as an accused in another criminal case, changing the qualification of the corpus delicti, etc.) and administrative liability imposed in court. A criminal case against any judge may be initiated only by the Prosecutor General of the Russian Federation on the basis of the conclusion of a panel of three professional judges of the relevant court of general jurisdiction (the Supreme Court of the Russian Federation or a court of a constituent entity of the Russian Federation) and with the consent of the relevant qualification board of judges (for judges of the Constitutional Court of the Russian Federation - with the consent of the judges of the Constitutional Court). The immunity of a judge also extends to his premises, transport, means of communication, and correspondence.

26. Subject of jurisdiction of the Russian Federation

The jurisdiction of the Federation (Article 71 of the Constitution of the Russian Federation) is:

1) adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance;

2) the federal structure and territory of the Russian Federation, the regulation and protection of human and civil rights and freedoms, citizenship in the Russian Federation, the regulation and protection of the rights of national minorities;

3) establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities, the formation of federal bodies of the state;

4) federal state property and its management;

5) establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation;

6) establishment of the legal foundations of the single market;

7) financial, currency, credit, customs regulation, money issue, the basics of pricing policy, federal economic services, including federal banks;

8) the federal budget, federal taxes and fees, federal funds for regional development;

9) federal energy systems, nuclear power, fissile materials, federal transport, means of communication, information and communications, space activities;

10) foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation, issues of war and peace;

11) foreign economic relations of the Russian Federation;

12) defense and security, defense production, determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property, the production of poisonous substances, narcotic drugs and the procedure for their use;

13) determination of the status and protection of the State Border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation;

14) judiciary, prosecutor's office, criminal, criminal procedural and criminal executive legislation, amnesty and pardon, civil and arbitration procedural legislation, legal regulation of intellectual property;

15) meteorological service, standards, standards, metric system and timekeeping, geodesy and cartography, names of geographical objects, official statistics and accounting;

16) state awards and honorary titles of the Russian Federation;

17) federal civil service.

27. The joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation includes

1) ensuring the conformity of the constitutions and laws of the republics, charters, laws and other regulatory legal acts of territories, regions, cities of federal significance, autonomous regions, autonomous regions with the Constitution of the Russian Federation and federal laws;

2) protection of the rights and freedoms of man and citizen, protection of the rights of national minorities, ensuring the rule of law, law and order, public safety, the regime of border zones;

3) issues of ownership, use and disposal of land, subsoil, water and other natural resources;

4) delimitation of state property;

5) nature management, environmental protection and ensuring environmental safety, specially protected natural areas, protection of historical and cultural monuments;

6) general issues of upbringing, education, science, culture, physical culture and sports;

7) coordination of health issues, protection of the family, motherhood, fatherhood and childhood, social protection, including social security;

8) implementation of measures to combat catastrophes, natural disasters, epidemics, liquidation of their consequences;

9) establishment of general principles of taxation and fees in the Russian Federation;

10) administrative, administrative-procedural, labor, family, housing, land, water, forest legislation, legislation on subsoil, on environmental protection;

11) personnel of judicial and law enforcement agencies, advocacy, notaries;

12) protection of the original habitat and traditional way of life of small ethnic communities;

13) establishment of general principles for organizing the system of state authorities and local self-government;

14) coordination of international and foreign economic relations of subjects of the Russian Federation, implementation of international treaties of the Russian Federation.

All the above provisions of the Constitution of the Russian Federation on the delimitation of jurisdiction and powers between the center and subjects of the Russian Federation equally apply to republics, territories, regions, cities of federal significance, an autonomous region, autonomous regions.

In addition to the above distinctions between jurisdictions, in all other respects the subjects of the Russian Federation have full state power, exercise their own legal regulation, including the adoption of laws and other regulatory legal acts.

In the modern Constitution of the Russian Federation there is a soft character of delimitation of the subjects of jurisdiction and powers of the Federation and its subjects.

28. Executive authorities of the constituent entities of the Russian Federation

The executive power in the constituent entities of the Russian Federation occupies a leading place in the system of state authorities, it is endowed with broad powers and regulated in more detail than the federal executive power in the Constitution of the Russian Federation. And although in the constitutions and charters of the constituent entities of the Russian Federation, chapters on this branch of government sometimes follow chapters on legislative power, the executive branch, which is inextricably linked with the powers of the head of state, is far from being limited to the role assigned to it only as an executor of laws and surpasses the legislative branch in its political weight.

The formation of the system of executive authorities of the republic, territory, region and other subjects of the Russian Federation takes place in accordance with constitutional provisions, federal law, as well as regulations that determine the legal status of the republic, territory, region as subjects of the Russian Federation, the legal status and organization of interaction between authorities. Such acts are constitutions, charters of territories and regions, a management scheme, laws, as well as regulations on individual executive bodies of republics, territories, regions, approved by the head of the executive branch of a constituent entity of the Russian Federation.

In accordance with the constitutional principle of separation of state power into legislative, executive and judicial legislative body and the highest executive body of state power of the constituent entity of the Russian Federation exercise their powers independently. They interact in order to effectively manage the processes of economic and social development of the constituent entity of the Russian Federation and in the interests of its population.

The system of executive authorities is formed by three main groups of bodies:

1) bodies that make up the apparatus of the head of administration;

2) departments, committees, departments and other services of the administration, which are in dual subordination with a predominance of subordination to the head of the administration;

3) territorial bodies of federal ministries and departments that are part of the system of executive authorities of a constituent entity of the Russian Federation, but have a pronounced vertical subordination. In addition, various commercial enterprises operate in the constituent entities of the Russian Federation, created on the basis of former divisions of regional and regional bodies and subordinate administrations, as well as various public councils under the respective administrations and their heads.

The administration consists of the head of administration, often referred to as the governor, and in Moscow - the mayor, and his deputies, heads of numerous administrative structures.

It should be noted that in a number of regions (Leningrad, Kurgan), in the territories (Stavropol), the federal city of Moscow, the term "administration" has been replaced by the term "government", which reflects the desire of these subjects of the Russian Federation to equalize their state-legal forms with republican ones.

29. Legislative authorities of the constituent entities of the Russian Federation

Legislative (representative) bodies in the subjects of the Russian Federation personify popular representation and carry out mainly legislative functions.

legislature of the state power is the permanent supreme and the only body of legislative power of the constituent entity of the Russian Federation. Its name and structure are established by the constitution (charter) of the subject of the Russian Federation, taking into account the historical, national and other traditions of the subject of the Russian Federation. The number of deputies of the legislative body is also established by the constitution (charter) of the constituent entity of the Russian Federation.

The federal law establishes that at least 50% of the deputies of the legislative body of state power of a constituent entity of the Russian Federation must be elected from a single constituency in proportion to the number of votes cast for the lists of candidates for deputies nominated by electoral associations in accordance with the election legislation.

Term of office of deputies of one convocation is established by the constitution (charter) of the subject of the Russian Federation and cannot exceed 5 years.

The legislative body adopts the constitution (charter) and amendments to it, the laws of the subject of the Russian Federation, carries out legislative regulation on the subjects of the jurisdiction of the subject of the Russian Federation and the subjects of joint jurisdiction of the Russian Federation and the subjects of the Russian Federation within the powers of the subject of the Russian Federation. On the proposal of the President of the Russian Federation, he makes a decision on vesting the citizen of the Russian Federation with the powers of the highest official of a constituent entity of the Russian Federation.

On the rejection of candidates, the President consults with the legislature, but on the third rejection, he has the right to dissolve this body. In this case, snap elections are called no later than 120 days later.

A citizen of the Russian Federation who, in accordance with federal law, the constitution (charter) or the law of a subject of the Russian Federation, has a passive electoral right, may be elected as a deputy.

Elections are held on the basis of universal, equal and direct suffrage by secret ballot.

During his term of office, a deputy cannot be a deputy of the State Duma or the Federation Council of the Federal Assembly, a judge, hold other public positions of the Russian Federation, public positions of the federal public service, other public positions of a constituent entity of the Russian Federation or public positions of the civil service of a constituent entity of the Russian Federation, as well as elected municipal positions and municipal positions of the municipal service. In the event that the activity of a deputy is carried out on a professional permanent basis, the said deputy may not engage in other paid activities, except for teaching, scientific and other creative activities.

30. The highest official (head) of the subject of the Federation: legal status and powers

top official a citizen of the Russian Federation with a passive suffrage at the age of at least 30 years can become. This person cannot be simultaneously a deputy of a legislative body, a deputy of a representative body of local self-government, and cannot be engaged in other paid activities, except for teaching, scientific and other creative activities. The highest official acquires powers for a period of not more than 5 years and cannot hold the specified position for more than two consecutive terms.

Top official:

1) represents a constituent entity of the Russian Federation in relations with federal state authorities, state authorities of constituent entities of the Russian Federation, local self-government bodies and in the implementation of foreign economic relations, while having the right to sign contracts and agreements on behalf of a constituent entity of the Russian Federation;

2) promulgates laws, certifying their promulgation by signing laws or issuing special acts, or rejects laws adopted by the legislative body with their subsequent return for a new consideration with a reasoned justification or with a proposal for changes and additions;

3) forms the highest executive body of state power in accordance with the legislation of the constituent entity of the Russian Federation;

4) has the right to participate in the work of the legislative body with the right of an advisory vote;

5) ensures coordination of the activities of executive authorities of a constituent entity of the Russian Federation with other state authorities of a constituent entity of the Russian Federation and, in accordance with the legislation of the Russian Federation, can organize interaction between executive authorities of a constituent entity of the Russian Federation with federal executive authorities and their territorial bodies, local governments and public associations. In case of improper performance of their duties, the powers of the highest official may be terminated early. The decision on this is made by the legislative body of the subject of the Russian Federation on the proposal of the President of the Russian Federation. In the event that the legislative body issues no confidence in the highest official, a decision on this is sent to the President of the Russian Federation for consideration to decide on the removal of the highest official from office.

Decision on removal from office or on temporary removal from duty the highest official is brought to the attention of the legislative body. In this case, the highest official has the right to appeal the corresponding presidential decree to the Supreme Court of the Russian Federation within 10 days from the date of its official publication.

31. State regulation in the field of education and science in the Russian Federation

Enshrined in Art. 43 of the Constitution of the Russian Federation, the right of citizens to education has a very solid legal and organizational basis, expressed by the presence of a fairly broad legal framework and an extensive system of state educational authorities. The Russian Federation declares the field of education a priority. The state ensures citizens the right to education: the general availability and free of charge of primary general, basic general, secondary (complete) general education and primary vocational education are guaranteed, as well as free of charge secondary vocational, higher vocational and postgraduate vocational education in state and municipal educational institutions on a competitive basis, if the citizen receives education of this level for the first time.

On the basis of the Law of the Russian Federation of July 10, 1992 3266-I "On Education" under education is understood as a purposeful process of education and training in the interests of a person, society, state, accompanied by a statement of the achievement by a citizen (student) of educational levels (educational qualifications) established by the state. The Russian Federation has the following educational levels (educational qualifications): basic general education, secondary (complete) general education, primary vocational education, secondary vocational education, higher vocational education, postgraduate vocational education. Getting an education by a citizen is understood as the achievement and maintenance of a certain educational qualification by him, which is certified by an appropriate document.

The content of education is one of the factors of the economic and social progress of society and should be focused on ensuring the self-determination of the individual, creating conditions for self-realization, developing society, strengthening and improving the rule of law. With its content, education should provide: an adequate world level of the general and professional culture of society, the integration of the individual into the national and world culture, the formation of a person and a citizen integrated into his contemporary society, the reproduction and development of the personnel potential of society.

The concept of education system includes a set of interrelated and interacting elements, including successive educational programs and state educational standards of various levels and directions; a network of educational institutions that implement them, regardless of the organizational and legal forms, types and types of the latter; educational authorities and their subordinate institutions and organizations.

32. State regulation in the fields of culture

The Law of the Russian Federation of October 9, 1992 "Fundamentals of the Legislation of the Russian Federation on Culture" connects the concept of culture and creativity with various types cultural activities - activities for the preservation, creation, dissemination and development of cultural values. Under cultural property understands moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, arts and crafts, works of culture and art, results and methods of scientific research of cultural activities that have a historical and cultural significance of the building, structures, objects and technologies, historically and culturally unique territories and objects. Cultural activity creates cultural benefits - conditions and services provided by organizations, other legal entities and individuals to meet citizens' cultural needs.

Creative activity - is the creation of cultural values and their interpretation. An inextricable link with cultural activity is the person who creates or interprets these values.

In culture, a large role belongs to professional creative organizations (unions of writers, theatrical figures, cinematographers, etc.), which unite and direct the creative activity of numerous non-profit organizations of culture and art.

Activities aimed at the preservation, creation, dissemination and development of cultural values, the provision of cultural benefits to the population in various forms and types, is the main activity of cultural organizations. Cultural organizations can carry out other activities that do not contradict the law - entrepreneurial, insofar as this serves to achieve the goals for which it was created and which corresponds to these goals.

According to the Regulations on the Ministry of Culture and Mass Communications of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 17, 2004, the Ministry of Culture of Russia performs the following functions and powers: submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents, for which a decision of the Government of the Russian Federation is required; approves the regulation on the national film and the regulation on the federal competition commission for television and radio broadcasting; adopts normative legal acts on other issues of the established sphere of activity of the ministry and the federal service and federal agencies subordinate to it, and also exercises other functions and powers in the established sphere of activity provided for by federal legislation.

33. State regulation in the field of healthcare, social services and social protection of the population

In Art. 1 "Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens" dated July 22, 1993 No. 5487-I states that public health - this is a set of measures of a political, economic, legal, social, cultural, scientific, medical, sanitary-hygienic and anti-epidemiological nature, aimed at preserving and strengthening the physical and mental health of each person, maintaining his long active life, providing him with medical care in case of loss health. State function of protecting public health countries includes health care in a broad socio-organizational sense as an activity of the state aimed at ensuring a high level of health of citizens, and in a narrow, strictly sectoral sense, includes a system of health care activities carried out by health care organizations.

The nomenclature of health care institutions includes three types of health care institutions: medical institutions, institutions of the state sanitary and epidemiological service, and pharmacies.

Medical institutions include:

1) hospital institutions (hospitals, medical units, specialized hospitals, etc.;

2) healthcare institutions of a special type (bureau of forensic medical examination, bureau of medical statistics, etc.);

3) dispensaries (physicians, oncologists, neuropsychiatrists, anti-tuberculosis, etc.);

4) outpatient clinics;

5) emergency medical care institutions and blood transfusion institutions (blood transfusion stations, emergency medical services);

6) institutions for the protection of motherhood and childhood (orphanages, antenatal clinics, dairy kitchens, maternity hospitals, etc.);

7) sanatorium-resort institutions;

8) clinics.

In accordance with the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens, the organization of the protection of the health of citizens in the Russian Federation is provided by the state, municipal and private healthcare systems.

The public health system includes The Ministry of Health and Social Development of the Russian Federation, the ministries of health of the constituent entities of the Russian Federation, state bodies of sanitary and epidemiological surveillance, the Russian Academy of Medical Sciences, which, within their competence, plan and implement measures to implement state policy, implement health programs and develop medical science.

34. The concept of security and its types

In accordance with the Law of the Russian Federation of March 5, 1992 No. 2446-I "On Security" safety - the state of protection of the vital interests of the individual, society and state from internal and external threats. At the same time, vital interests are a set of needs, the satisfaction of which reliably ensures the existence and possibilities for the progressive existence of the individual, society and state. Security threat - a set of conditions and factors that create a danger to the vital interests of the individual, society and the state. The main principles of ensuring security are legality, maintaining a balance of the vital interests of the individual, society and the state, mutual responsibility of the individual, society.

The main security features are personality (its rights and freedoms), society (its material and spiritual values), state (its constitutional system, sovereignty, territorial integrity). The real and potential threat to security objects, emanating from internal and external sources of danger, determines the content of activities to ensure internal and external security.

The current legislation provides for many types of security. Thus, the Constitution of the Russian Federation contains legal grounds for the allocation of public security and state security, among which the main integrated security view - national security, the most important components and interrelated elements of which are economic and information security, since economic and information processes accompany and mediate all spheres and branches of public administration in a broad and narrow sense.

In accordance with the National Security Concept of the Russian Federation, which is a system of views on ensuring the security of the individual, society and the state in the Russian Federation from external and internal threats in all spheres of life, the national security of the Russian Federation is understood as the security of its multinational people as the bearer of sovereignty and the only source of power in the Russian Federation . According to this Concept, the national interests of Russia are a set of balanced interests of the individual, society and the state in the economic, domestic political, social, international, informational, military, border, environmental and other spheres.

35. Security system of the Russian Federation, forces and means of its provision

According to the Law of the Russian Federation "On Security" the security system is legislative, executive and judicial authorities, state, public and other organizations and associations, citizens participating in security in accordance with the law, as well as legislation regulating relations in the field of security.

The main functions of the security system are identification and forecasting of internal and external threats to the vital and other interests of security objects, implementation of complex operational and long-term measures to prevent and neutralize them; creation and maintenance in readiness of means of ensuring safety; and etc.

General management of state security bodies is carried out by The President of the Russian Federation, which heads the Security Council of the Russian Federation, controls and coordinates the activities of state security agencies, makes operational decisions to ensure security on the basis of and in accordance with applicable laws. The constitutional body that prepares decisions of the President of the Russian Federation in the field of security is the Security Council of the Russian Federation.

Security Council of the Russian Federation considers issues of domestic and foreign policy of the Russian Federation in the field of security, strategic problems of state, economic, public, defense, information, environmental and other types of security, protection of public health, forecasting, preventing emergency situations and overcoming their consequences, ensuring stability and law and order and is responsible for the state of protection of the vital interests of the individual, society and the state from external and internal threats.

The main tasks of the Security Council: determining the vital interests of the individual, society and the state and identifying internal and external threats to security objects; development of the main directions of the strategy for ensuring the security of the Russian Federation and organization of the preparation of federal programs for its provision; preparation of recommendations to the President of the Russian Federation for decision-making on issues of domestic and foreign policy in the field of ensuring the security of the individual, society and the state; preparation of operational decisions to prevent emergency situations, preparation of proposals to the President of the Russian Federation on the introduction, extension or cancellation of a state of emergency.

Decree of the President of the Russian Federation of June 7, 2004 No. 726 approved the Regulations on the Security Council of the Russian Federation and the Regulations on the apparatus of the Security Council of the Russian Federation. Decisions of the Security Council are adopted at its meeting by permanent members of the Security Council by a simple majority of votes from their total number, come into force after approval by the Chairman of the Security Council and are formalized by decrees of the President of the Russian Federation.

36. The concept of local government

Local government - this is one of the types of management of certain public affairs of a local community of people. It is an independent and under its own responsibility activity of the population to address issues of local importance. Local self-government is organized based on the interests of the population, its historical and other local traditions. It is autonomous.

However, the autonomy of local self-government is relative. Firstly, local self-government exists and operates in a system of general ties and relations for the management of society within the framework of a given state. As a part of the whole, in accordance with the principles of systems theory, it cannot but obey the general system qualities. Secondly, the legal principles of the organization and activities of local self-government are established by the state power, laws adopted by its bodies. Thirdly, the material foundations of local self-government largely depend on the state. They receive the bulk of the financial resources needed by local self-government bodies from the state. Fourthly, elected heads of local self-government (mayors, burgomasters, etc.) in foreign countries are usually approved as representatives of local government. In this capacity, they perform some nationwide functions and are responsible for this to the state authorities. In Russia, this issue is resolved differently: with their consent, local authorities can be transferred to certain functions of state bodies, and for their implementation they are also responsible to the state.

Local government - Power is not only territorially limited, but also limited in terms of authority. Its bodies have the right to resolve issues of local importance in accordance with the law. In a unitary state, this is a law passed by its parliament.

There are several different views on the essence of local government.

The public theory of local self-government arose in connection with the struggle against royal absolutism. First in cities, and then in rural settlements, the population defended the right to create their own elected bodies that managed local affairs. Initially, this was formalized by charters granted by monarchs to cities. Then the territorial collectives began to adopt their charters, becoming municipalities along with cities. Municipal formations have their own budget, their own property, and maintain their subordinate employees at their own expense.

The state theory of local self-government proceeds from the fact that local self-government is ultimately part of the integral management of society. The foundations of local self-government are determined by law. Therefore, supporters of this theory believe that local self-government is a continuation of state power, and local self-government bodies and officials are "agents" of state power in the field.

37. Principles of local self-government

The principles are fundamental approaches that set the general parameters of local self-government. They provide the necessary measure of the unity of local self-government throughout the Russian Federation.

Principles of local self-government:

1) local government recognized and guaranteed by the Constitution of the Russian Federation;

2) principle of autonomy of local self-government implemented through a wide range of special legal means, together giving an idea of this quality of municipal government.

Local self-government is endowed with its own competence, consisting of subjects of jurisdiction and powers to resolve them. The autonomy of municipal bodies is not unlimited, it has a framework stipulated by Art. 12 of the Constitution of the Russian Federation: independence is permissible only within the powers of local self-government. The principle of independence is based on the rights of municipalities to own, use and dispose of municipal property, the formation and execution of local budgets, the management of the local economy, in accordance with the needs and resources of the territory.

3) principle of independence local government - the most controversial of all. Nevertheless, it remains invulnerable due to its constitutionality: in Art. 12 of the Constitution of the Russian Federation stipulates that local self-government bodies are not included in the system of state authorities;

4) local government responsibility

as the principle of its activity is implemented in various forms provided for by law: before the population of a particular municipality, the state, individuals and legal entities. Responsibility to the population comes as a result of the loss of its trust. The grounds and procedure for resolving this issue are determined by the charters of municipalities;

5) inadmissibility of education bodies of local self-government and the appointment of officials of local self-government by bodies and officials of state power - a principle that reflects the essence of local self-government;

6) principle of judicial protection local self-government serves at the same time as a guarantee against unreasonable influence of state power.

This principle has another broader interpretation. Citizens residing in a municipality, bodies and officials of local self-government have the right to bring claims to the court for the invalidation of acts of state authorities that violate the rights of local self-government.

38. Legal basis of local self-government

The legal regulation of local self-government in Russia is within the jurisdiction of the subjects of the Federation. The joint jurisdiction of the Federation and the constituent entities of the Russian Federation includes only the establishment of general principles for the system of local self-government (clause "i" of Article 7 of the Constitution of the Russian Federation). In accordance with this, the Federation has the right to issue laws on the general principles of local self-government. Local self-government is regulated by the laws of the constituent entities of the Russian Federation and the charters of the municipalities themselves.

Legal basis of local self-government is a set of various normative legal acts and individual legal norms regulating issues of local self-government.

The composition of the legal basis of local self-government in Russia includes international legal norms contained in acts of international law.

The composition of the legal basis of local self-government in Russia also includes provisions contained in other legal acts: in the Constitution of the Russian Federation (Article 12, Chapter 8, etc.); the fundamental laws (constitutions, charters) of the constituent entities of the Russian Federation; federal laws; decrees of the President of the Russian Federation; resolutions of the Government of the Russian Federation; decisions of the Constitutional Court of the Russian Federation.

The legal framework of local self-government may include the provisions of federal legal acts and acts of the constituent entities of the Russian Federation, which generally relate to other areas of regulation, but include certain norms affecting local self-government issues.

A special place among the sources of municipal law is occupied by the charters of municipalities and the European Charter of Local Self-Government of 1985.

Charter - this is the constituent document of the municipality, which has a comprehensive character for this entity, which is the basis of municipal rule-making and is characterized by a special (complicated) procedure for adoption and change.

European Charter of Local Self-Government - an international document, but in 1998 it was ratified by Russia (approved for itself) and thus became a source of domestic law in Russia.

When regulating the powers of bodies of municipalities, it is used principle of subsidiarity, in application to the delimitation of the subjects of jurisdiction of the state and state entities, on the one hand, and municipalities, on the other. It means that issues that can be resolved at the lower level should not be transferred to the upper level, municipal bodies are given tasks that citizens' associations cannot cope with through the use of self-organization, other forms of direct democracy. There are other interpretations of the principle of subsidiarity. They have their own characteristics (for example, in constitutional and international law, when the emphasis is on assistance, support in solving common problems, unless such assistance is hindered by the Constitution and the branch of government to which assistance is provided does not object).

39. The concept of the organizational foundations of local self-government

For the first time, the term "fundamentals of local self-government" was introduced by the Federal Law of January 11, 1995 No. 4-FZ "On the Accounts Chamber of the Russian Federation" in connection with the need to organize the activities of the population for the implementation of local self-government.

Under the basics of local self-government one should understand the economic, social, financial, legal and other opportunities and conditions that have developed in society, the totality of which forms the basis on which the entire system of local self-government is built, municipal power is exercised.

The most important condition for the effectiveness of local self-government is its organizational foundations, with the help of which, at the municipal level, the formation and organization of the practical work of various local self-government bodies, the coordination of their activities, as well as their interaction with state authorities.

The organizational foundations, being an institution of municipal law, are a set of municipal legal norms-principles, the adoption of which, in accordance with the Constitution of the Russian Federation, is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The organizational foundations must correspond to the goals and tasks assigned to the bodies of the municipality, expressed mainly in their competence. At the same time, the foundations must correspond to the level of development both in the country as a whole and in a single municipality.

The organizational foundations of local self-government are Set of norms, enshrined in the Constitution of the Russian Federation, federal legislation and the legislation of the constituent entities of the Russian Federation, establishing:

1) the system of local governments (general principles of its formation);

2) general principles for the formation of the structure of local governments;

3) the basics of the organization of the municipal service;

4) features of the organization of self-government in different types of municipalities and in territories with a special administrative-legal regime.

Unlike the economic foundations, the organizational foundations of the Law of October 6, 2003 No. 131-FZ "On the general principles of organizing local self-government in the Russian Federation" do not make a separate chapter, since the norms that collectively make up the organizational foundations of local self-government are found in all chapters Law.

40. System and structure of local governments

In any state, the ability of local governments to effectively perform their task depends largely on how they are organized. It is known that the organization of something has a structural and functional side. With regard to the mechanism of local self-government, this means, first of all, the creation of an appropriate system of local self-government bodies, the development of the structure of these bodies, the establishment of the competence of each of them, the selection and placement of personnel.

In accordance with the Constitution of the Russian Federation, the bearer and the only source of power in the Russian Federation is the people exercising their power directly, as well as through state authorities and local governments (part 2, article 3). At the same time, Part 2 of Art. 130 of the Constitution of the Russian Federation specifies Part 2 of Art. 3 and provides for the exercise by citizens of local self-government "through elected and other bodies of local self-government".

Term "structure " is used in many branches of knowledge, but this concept has no legislative consolidation. There are different points of view regarding this concept, but it is impossible to draw an unambiguous conclusion from the theoretical studies of scientists.

In a narrow sense, the structure of local government is a system of bodies with independent status that exercise the functions and powers of local government in a given territory. In a broad sense - the concept of the structure of local self-government bodies also includes internal divisions of the representative body and the executive body. The structure of local governments, both in the narrow and in the broad sense, is subject to local jurisdiction.

The concepts of "system" and "structure" of local self-government bodies are similar, and the concept of "system" is narrower and is included in the concept of "structure", which has a narrow and broad meaning.

According to the Constitution of the Russian Federation, the structure of local self-government bodies is determined by the population independently in the charters of municipalities. Only the fate of the mandatory bodies of local self-government is not subject to discussion: representative, executive bodies and the head of the municipality.

The Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" for the first time fixes in detail the procedure for determining the structure of local bodies when a new municipal formation is formed in inter-settlement territories or in cases of its transformation. The structure is determined by the population at a local referendum, a gathering of citizens (in territories with a population of less than 100 people) or a representative body of local self-government. This or that variant of the decision of such question is reflected in the municipal charter.

41. Features of the organization of local self-government in the cities - subjects of the Russian Federation Moscow and St. Petersburg

The presence of features of local self-government in the cities - subjects of the Russian Federation, Moscow and St. Petersburg, is due to various reasons, but, of course, of an important nature. On the one hand, the Constitution of the Russian Federation contains norms establishing the provision that state power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them (clause 2, article 11 of the Constitution of the Russian Federation). On the other hand, there are norms in the Constitution of the Russian Federation according to which local self-government is carried out in urban settlements (including Moscow and St. Petersburg) (clause 1, article 131).

Initially, the Law "On the Accounts Chamber of the Russian Federation" did not take into account the specifics of the constituent cities, fixing the principles of organizing self-government common to all types of municipalities. Later, the need to solve problems related to the specifics of federal cities forced legislators to amend the Law. These changes established a dualistic (mixed) model, according to which the representative and executive bodies of the city government were both state authorities of the constituent entity of the Russian Federation and bodies of city (local) self-government and had all the legally established powers of these bodies.

Now problems of local self-government organization in cities of federal significance, Art. 79 of the Law "On the general principles of the organization of local self-government in the Russian Federation" as follows:

1) local self-government in cities of federal significance is carried out in intracity territories, the establishment and change of the boundaries of which is carried out by the laws of these cities of federal significance, taking into account the opinion of the population of the respective intracity territories;

2) a list of issues of local importance, sources of income for local budgets of intracity municipalities are determined by the laws of the federal cities of Moscow and St. Petersburg based on the need to maintain the unity of the urban economy;

3) the composition of the municipal property of intracity municipalities is determined by the laws of federal cities in accordance with the list of property enshrined in the Law "On the General Principles of Organizing Local Self-Government in the Russian Federation" (parts 1-3 of article 50).

Thus, local self-government is carried out in intra-city territories, therefore, issues of city-wide significance are issues of state, and not local significance. And only city authorities have the right to decide whether or not to transfer certain issues to the jurisdiction of intra-city municipalities.

42. Features of the organization of local self-government in ZATOs

A closed administrative-territorial entity is a territorial entity within which industrial enterprises for the development, storage and disposal of weapons of mass destruction, processing of radioactive and other materials, military and other facilities are located, for which a special regime is established for the safe functioning and protection of state secrets, including special living conditions of citizens.

The main features of the self-government organization of ZATOs include the following provisions:

1) ZATO is endowed with the status of an urban district;

2) the decision to create (abolish) ZATOs is taken by the President of the Russian Federation;

3) when making a decision to abolish ZATOs, the stages and terms for removing the special regime for the safe operation of enterprises and facilities are determined (Article 2, Clause 2 of the Law on ZATOs);

4) ZATO is under the jurisdiction of federal government bodies on the following issues:

a) establishing administrative subordination, the boundaries of the specified entity and lands allocated to enterprises and facilities;

b) determining the powers of state authorities of the constituent entities of the Russian Federation in relation to the specified entity;

c) ensuring a special regime for the safe operation of enterprises and facilities, including special living conditions for citizens, protecting public order and ensuring fire safety. All decisions on the above issues are made by the Government of the Russian Federation (Article 1 of the ZATO Law);

5) restrictions are established on the right to conduct economic and entrepreneurial activities, possession, use and disposal of land, natural resources, real estate (Article 3, Clause 1 of the Law on ZATOs);

6) the ZATO budget shall include all taxes and fees received from this territory;

7) ZATO lands are administered by the municipality, with the exception of federally owned lands;

8) participation in the privatization of municipal property is accepted only by those who permanently reside there and are registered;

9) the competence of local self-government bodies of ZATOs has been expanded. These include:

a) the issue of ensuring the safety of citizens;

b) the issue of security in emergency situations;

c) problems of compliance with the special regime of the territory;

d) questions of participation in the regime process (pass), etc.;

10) residence or work of citizens under the conditions of a special ZATO regime is subject to general social compensation.

43. Features of the organization of local self-government in the science city

Science city - an urban district with a city-forming research and production complex, which is a set of organizations engaged in scientific, scientific and technical, innovative activities, experimental development, testing, training in accordance with state priorities for the development of science and technology.

Science city infrastructure - a set of organizations that ensure the vital activity of the population of the science city.

The composition of the research and production complex may include:

1) scientific organizations and higher educational institutions, provided that they pass state accreditation in accordance with the established procedure;

2) industrial enterprises, provided that the volume of production of science-intensive products during the 3 years preceding the year of submission of documents on awarding the status of a science city to the municipality is at least 50% of the total production volume;

3) objects of innovative infrastructure, small enterprises, regardless of the organizational and legal form, operating in the scientific, technical and innovative sphere, subject to the performance of works under contracts with scientific organizations located on the territory of this municipality, constituting at least 50% of the volume of their main activities.

These organizations must be registered in accordance with the established procedure on the territory of this municipality.

The features of the status of science cities and the organization of local self-government include:

1) the decision to assign (deprive) the status of a science city to an urban district is made by the President of the Russian Federation on the proposal of the Government of the Russian Federation. This status can be assigned for up to 25 years. The status of a science city may be retained after the expiration of the specified period, or, if necessary, the city district may be prematurely deprived of this status in accordance with the law;

2) the decision to assign the status of a science city is accompanied by the approval by the President of the Russian Federation of the main areas of activity and the development program of the science city, presented by the Government of the Russian Federation;

3) financing of scientific, scientific and technical, innovative activities, experimental development, testing, training of personnel in accordance with the state priorities for the development of science and technology is carried out at the expense of the federal budget, the budgets of the corresponding constituent entities of the Russian Federation, other sources of funding in accordance with the legislation of the Russian Federation.

44. Charter of the municipality

The charter of the municipality is the main regulatory and constituent act of the municipality, establishing the status of the municipality. It occupies a priority place in the system of municipal legal acts adopted at the municipal level of legal regulation.

The charter is a kind of mini-constitution that operates within the boundaries of a separate municipality.

The statute establishes:

1 name of the municipality;

2) a list of issues of local importance (in accordance with the type of municipality);

3) forms, procedures and guarantees for the participation of the population in resolving issues of local importance;

4) the structure and procedure for the formation of local self-government bodies;

5) names and powers of elected and other bodies of local self-government, officials of local self-government;

6) types, procedure for the adoption, publication and entry into force of municipal legal acts;

7) the term of office of the representative body, deputies, elected officials of local self-government, the grounds for and procedure for terminating their powers;

8) types of liability of local self-government bodies and officials of local self-government, the grounds for the onset of this liability and the procedure for resolving relevant issues;

9) the procedure for the formation, approval and execution of the local budget;

10) the procedure for introducing amendments and additions to the charter of the municipality.

The charter must contain norms of several types:

1) norms-definitions (norms that establish the symbols of the municipality);

2) norms of thematic content (on municipal service, on forms of direct expression of will);

3) norms of status content, fixing all elements of the status of bodies and officials, on the basis of which provisions of the status content are developed and adopted;

4) procedural (procedural) norms fixing the procedure for exercising their powers by bodies and officials.

Charter of the municipality - the only normative legal act that must be registered with the state justice bodies.

45. Representative bodies of local self-government: the concept and procedure for the formation

Representative bodies - these are elected bodies that have the right to represent the interests of the population and make decisions on its behalf that operate on the territory of the municipality. The representative body consists of deputies, the number of which is determined by the charter of the territorial unit. The law "On the General Principles of Organization of Local Self-Government in the Russian Federation" makes the number of deputies dependent on the population of the municipality. This proportion looks like this:

1) 7 deputies - with a population of less than 1 thousand people;

2) 10 deputies - with a population of 1 to 10 thousand people;

3) 15 deputies - with a population of 10 to 30 thousand people;

4) 20 deputies - with a population of 30 to 100 thousand people;

5) 25 deputies - with a population of 100 to 500 thousand people;

6) 35 deputies - with a population of over 500 thousand people.

Specially stipulated number of deputies municipal area. Regardless of its parameters, it must be at least 15 people.

The number of deputies of the representative body of an intra-city municipal formation of a city of federal significance is determined by the charter of the municipal formation and cannot be less than 10 people.

In a separate group are representative bodies of municipal districts. They are formed in two ways: as a result of being elected in municipal elections; in a mixed manner, involving the election and entry into the composition ex officio. In the first option, the number of deputies elected from one settlement included in the municipal district cannot exceed two-fifths of the established number of the representative body. In the second variant, the representative body is elected from among the deputies of the representative bodies of the settlements within the district according to the norm of representation, which is equal for all settlements, regardless of the population. The norm of representation is determined by the charter of the municipal district. In addition to deputies, the heads of settlements located within the boundaries of the municipal district are included in the composition of the representative body of the district.

In settlements with less than 100 residents who have the right to vote, a representative body is not formed. In this case, its functions are performed by the gathering of citizens. Previously, this was allowed by the charter of the municipality, regardless of the number of residents. It is clear that such municipalities should be small and predominantly rural. In any case, the situation when local self-government is left without a representative body or a gathering of citizens is unacceptable.

46. Term of office of a representative body of local self-government

Term of office representative body of local self-government is determined by the charter of the municipality. The Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" establishes only the term of office of deputies of local representative bodies. It can be at least 2 and not more than 5 years. The terms of office of an individual deputy and a representative body may not coincide, but, as a rule, they are identical.

Changes (extension or reduction) of the term of office of the authority are allowed. At the same time, however, the decision to change the term of office applies only to bodies and officials of local self-government elected after the entry into force of the relevant decision.

According to Part 1 of Art. 35 of the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation", the representative body of a municipality may exercise its powers when elected by at least two-thirds of the established number of deputies. In the absence of this norm, similar provisions were contained in the charters of municipalities, which filled in the gap existing in the legislation.

The powers of representative bodies shall terminate upon the expiration of their term of office. At the same time, the powers of deputies are terminated. Cases of early termination of the activities of a representative body are fixed by the Law "On General Principles of Organization of Local Self-Government in the Russian Federation". adoption by the representative body of the decision on self-dissolution; transformation of the municipality; dissolution of the representative body in a manner that provides for responsibility to the state.

The mechanism of such responsibility was first established by the Law "On the Accounts Chamber of the Russian Federation". Currently, the responsibility of local self-government to the state is implemented in several stages. The decision of the court on the adoption by the representative body of an act that contradicts the Constitution of the Russian Federation, federal and regional legislation serves as the basis for such liability. Within 3 months from the date of entry into force of the court decision or within another period established in the court decision, the municipal body must take measures to enforce it. If this does not happen, the highest official of the subject of the Federation submits to the regional legislative body a draft law on the dissolution of the representative body. With the entry into force of this law, the powers of such a body are terminated. The dissolution procedure provided for by the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" has been simplified. Federal authorities are excluded from it, and before that they were the last resort in the case of early termination of the powers of local authorities.

47. Structure of the local representative body

Structure of the local representative body includes: governing bodies, functional and sectoral divisions (permanent and temporary commissions), territorial bodies, apparatus.

to the governing bodies include the chairman and his deputies. As a rule, they are elected from among the deputies of the representative body of local self-government. A variant provided by the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" is possible, when the organization of the activities of representative power is carried out by the head of the municipality elected by the population. The choice of one or another option is up to the charter of the municipality.

Depending on who heads the Duma (Council), content and scope powers of the head of the representative body. If this is a chairman elected from among the deputies, his powers will have two main directions: representative and to lead the Duma.

Being at the head of a representative body, the chairman represents it in relations with the population, state authorities, local self-government bodies of other municipalities. But most of all, the activity of the chairman is connected with the organization of the work of the representative body. He supervises the preparation of the Duma sessions, convenes them, coordinates the activities of standing committees and deputies, and gives them instructions. The chairman appoints and dismisses employees of the council apparatus, has the right to hire and dismiss them. He is in charge of managing the funds of the representative body within the limits of the thought's cost estimate approved in the budget of the municipality.

If the work of the Duma is led by a chairman who is also the head of the municipality, his powers are terminated ahead of time due to the voters' recall from the post of the head of the municipality.

It is safe to predict an increase in the scope of powers of the head of the municipality - the chairman of the Duma in comparison with the usual head of a representative body. They cannot be limited only to representative powers and duties to lead the Duma. As the highest official of the municipality, its head, who is at the same time the chairman of the thought, exercises control over the bodies and officials of local self-government. In this capacity, he is responsible for determining the priorities for the development of the territory, the implementation of regional, interregional and international relations of the municipality.

48. Deputy commissions

Representative bodies include functional and structural units. These are permanent and temporary deputy commissions. The number of members of the commission of both types is determined by the representative body. The commissions bear responsibility before a thought, they are accountable to it.

The commission is in charge of resolving the following issues: development of draft decisions of the representative body, preparation of opinions on legal acts of the Duma, holding parliamentary hearings, control over the execution of decisions of representative bodies. The commissions perform mainly organizational, preparatory and control functions.

The form of work of permanent and temporary commissions is their meetings, the frequency of which is determined by the regulations of the representative bodies.

The territorial bodies of the Duma are represented by deputy groups that unite deputies on a voluntary basis to work together to exercise their powers in constituencies. Such formations were widespread along with industrial deputy groups in the Soviet era.

Organizational and legal forms activities of local representative bodies are their meetings. The need for them is dictated by the collective style of work of representative power. At the meetings, the formation of its governing bodies takes place, the most important issues of local importance, which are under the exclusive jurisdiction of the representative bodies, are resolved, and their control functions are implemented. Finally, the law-making function of representative power is carried out at meetings. All this together explains the leading position of meetings in the total number of organizational and legal forms of its activities.

Meetings can be regular and extraordinary, open and closed.

Regular meetings are carried out within the time limits established by the regulations. They are convened by the head of the council. Extraordinary meetings are held as necessary, due to circumstances. The regulations of the Dumas provide for extraordinary meetings special order of initiation. They are held at the suggestion of the chairman of the Duma, one of its standing committees or a group of deputies of a certain number. The opportunity to insist on holding an extraordinary meeting is usually also provided to the head of the municipality.

Public meeting involves the presence of all interested participants, representatives of the public, the media. It is in this mode that most meetings take place.

Closed meetings are organized in special cases (for example, when discussing the issue of recalling the head of the Duma, early termination of the powers of one of the deputies). The issue of the nature of the meeting is decided by the representative body itself.

49. General provisions on the status of a deputy - a member of an elected body of local self-government

Deputy - this is a person elected by the voters of the respective constituency to the representative body of local self-government on the basis of universal, equal and direct suffrage by secret ballot (Article 2 of the Law on Basic Guarantees of Electoral Rights).

Member's term of office cannot be less than 2 and more than 5 years. The calculation of the powers of a deputy begins from the day (moment) of his election. But the end of the powers of a deputy is associated with the beginning of the work of a representative body of a new convocation. Grounds: recognition by the court as incapable or partially incapacitated, recognition by the court as missing or declared dead, entry into force of the court's judgment of conviction. Deputy powers are also terminated if a deputy of a representative body of local self-government is elected a deputy of the State Duma, a member of the Federation Council of the Federal Assembly of the Russian Federation, a deputy of the legislative body of a constituent entity of the Federation or a representative body of another municipal assembly.

A deputy working in a representative body on a permanent basis does not have the right to engage in other paid activities, with the exception of teaching, scientific or creative work.

Termination of Russian citizenship and leaving it for permanent residence are two more ways of early termination of deputy powers.

The reason for the early termination of the powers of a deputy is his recall by voters.

The main directions and forms of deputy activity.

Theory and practice are known two areas of parliamentary work: with voters, in the representative body of local self-government.

As part of the work with voters the deputy organizes the reception of citizens, considers proposals, applications and complaints received from them, studies public opinion and informs voters about his activities.

Forms of parliamentary activity in representative body of local government perform: participation in its meetings, meetings of standing committees, fulfillment of the orders of the thought, participation in deputy hearings, appeal with a deputy request, questions to officials of local self-government. Participating in the work of the representative body, its permanent committees, the deputy enjoys the right of a decisive vote on all issues within the competence of the thought.

50. Guarantees of deputy activity

Guarantees of deputy activity are divided into several groups:

1) it is customary to associate organizational guarantees with the duties of the authorities to create the necessary conditions for the deputy to exercise his powers;

2) social guarantees are designed to ensure the protection of the rights and interests of a deputy associated with possible material costs in the performance of his duties. In particular, the right to reimbursement of expenses of a deputy who performs his functions on an unreleased basis is established. The adopted norms fix life and health insurance of a deputy at the expense of the budget of the municipality. Sums insured are paid by decision of the representative body in the event of injury to a deputy, other damage to health in connection with the exercise of his deputy powers;

3) guarantees of the labor rights of deputies are aimed at protecting their interests as subjects of labor relations. Guarantees of this type cover the entire term of office of a deputy, as well as subsequent official activities upon termination of deputy duties.

The deputy cannot be dismissed from the main place of work on the initiative of the administration without the consent of the representative body of local self-government. In accordance with the norms of labor legislation, the term of deputy activity is counted in the total and continuous work experience or service life, work experience in the specialty;

4) the guarantees of deputy activity include the immunity of deputies. Immunity is not a personal privilege. It is of a public law nature, designed to provide deputies with the opportunity to freely exercise their mandate. Unfortunately, the Law "On the General Principles of Organization of Local Self-Government in the Russian Federation" regulates this issue very sparingly, limiting itself only to indicating that the guarantees of deputies and elected officials when they are brought to criminal or administrative liability, detention, search, arrest, interrogation , committing other criminal procedural and administrative procedural actions in relation to them are established by federal laws.

The guarantee of the activity of a deputy is considered to be his irresponsibility for the opinion expressed, the position expressed during the voting.

Deputy's irresponsibility - the result of the principle of freedom of debate and voting. Meanwhile, irresponsibility does not apply to cases where a deputy committed public insults or slander, liability for which is provided for by federal law.

51. General characteristics of the legal status of the administration of the municipality

local administration represents the executive and administrative body of the municipality, endowed with the authority to resolve issues of local importance and the implementation of certain state powers transferred to the municipality in the manner prescribed by law.

The local administration has the following features:

1) since 1991 (since the appearance of the Law of the RSFSR "On Local Self-Government in the RSFSR"), the administrations have separated themselves from the Soviets, turned into organizational and functionally autonomous bodies of local self-government. They remain so to this day;

2) administrations are bodies of general competence, exercising organizational, administrative and executive powers in the areas of jurisdiction of municipalities. It is this circumstance that provides local administrations with functional independence and organizational and structural originality;

3) local administrations have acquired the status of mandatory bodies in the system of municipal government;

4) local administrations, which, in accordance with the charters of municipal formations, have the rights of legal entities, are registered in the form of municipal institutions;

5) the administration has a branched and heterogeneous structure, which includes the heads of the executive body, apparatus, divisions of the administration.

The main areas of operation of the device are organizational, legal, informational, logistical support of the administration. The device also performs control functions. The structural units of the apparatus do not enjoy the right to issue legal acts. The heads of the respective departments do not manage loans.

The functional units of the administration (committees for the economy, municipal property management, financial and budgetary departments) perform functions that cover all or many sectors of the local economy.

The status of specialized departments and departments is characterized by several features.. First, they are bodies of special competence. Their competence is determined either by the local administration as a body of general competence, resolving issues of local importance, or by higher authorities. Secondly, they function on the basis of regulations on them, approved by the head of administration. Thirdly, the final decision on the creation of this or that unit until now belonged mainly to the heads of administrations, who approved its structure and staffing.

52. Head of the municipality: status and powers

Head of the municipality - this is the highest official of a self-governing unit, endowed by the charter of the municipality with its own competence to resolve issues of local importance. In addition to the status of the highest official, the Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" gives the heads of municipalities the position of sole bodies of local self-government. He is the owner of organizational and administrative or executive and administrative powers to organize the activities of a representative body or to resolve issues of local importance.

Term "head of the municipality" was introduced by the Law "On the Accounts Chamber of the Russian Federation" to designate an elected official in charge of local self-government activities.

The powers of the heads of municipalities are divided into several major areas: representative, rule-making, control powers, leadership powers with their division into subspecies (organizational, coordinating, etc.). The powers of the heads can be redistributed depending on the role of the head of the municipality in the system of local government.

Common to the heads will be representative powers in relations with other local governments, government bodies, citizens and organizations. They have the right to act on behalf of municipalities without powers of attorney. Typical will also be rule-making powers related to the publication of legal acts on the organization and activities of the representative body.

Head - the head of the local administration, who issues resolutions on issues of local importance and certain state powers, and orders on issues of organizing the work of the administration.

The powers of the heads are terminated early in cases of death, resignation of their own free will, removal from office, recognition by the court as incapable or partially incapacitated, recognition by the court as missing or dead, entry into force of a court conviction, departure from the country for permanent residence, termination of Russian citizenship , recall of voters, establishing in court a persistent inability for health reasons to exercise the powers of the head of the municipality, early termination of the powers of the representative body of the municipality, if the head was elected from among its members.

53. Offenses and liability

In the field of state and municipal administration, many different actions are carried out. Among them may be actions that cause condemnation of others.

The offense includes an act or omission, the obligatory occurrence of harmful consequences and, in most cases, the fault of the person who caused the harm (intentional fault or negligence in the form of negligence or frivolity).

Misconduct may come from different managing subjects, state and local authorities, employees (officials) acting in the service and bearing responsibility for their actions.

Illegal actions in the field of state and municipal administration, organizations and persons who do not have authority in this area also commit (a commercial organization violates licensing rules, or a citizen illegally wears other people's orders and medals).

It is important to distinguish offenses by state and municipal authorities and officials, when they acted as representatives of the authorities, exercising state or municipal government (the Government of the Russian Federation adopted a resolution that was contrary to the law, and the mayor of the city received a bribe), and, on the other hand, when they acted as private, legal and natural persons, in in a personal capacity, in civil law relations (the state body does not pay bills for consumed electricity, the minister started a fight in the square, causing serious bodily injury to a citizen, and the mayor of the city, violating traffic rules, crushed someone else's car). Responsibility will be different: general legal as a citizen and special legal as officials or a state municipal body.

Offenses in the sphere of state and municipal administration are not the same in their severity. Crimes, i.e. acts that have a high degree of public danger, entail criminal liability, administrative offenses (for example, violation of traffic rules, petty hooliganism) are punished by various types of administrative penalties (up to administrative arrest for up to 15 days), violations of service entails disciplinary liability (reprimand in an order, etc.), causing harm under civil law - material liability or liability, mainly of a moral nature (publication of a refutation in a newspaper, reports of the unreliability of previously published information). The President of the Russian Federation, heads of constituent entities of the Russian Federation and municipalities, collegial executive bodies, ministers, deputies of representative bodies for their actions in the service and outside it may bear political responsibility (such as impeachment of the President, resignation of ministers, deprivation of a deputy mandate).

54. Political responsibility in the field of state municipal government

Political responsibility extends only to certain bodies of the state and municipalities. Dissolution of parliament, legislative assemblies of subjects of the Federation can become a form of political responsibility. The constitutions of some countries (Poland, Ukraine, etc.) provide for the dissolution of the parliament (unicameral parliament or lower house), if it has not adopted the state budget within the prescribed period, has not been able to form a government, has not begun its work after being elected. In Russia, the law establishes the political responsibility of the legislative bodies of the constituent entities of the Russian Federation, heads of administrations of the constituent entities of the Russian Federation, representative bodies and heads of municipalities. In cases of violation of the Constitution and laws of the Russian Federation, representative bodies may be dissolved, and heads of administrations and mayors may be removed from office.

Members of parliament, legislative assemblies of constituent entities of the Federation, representative bodies of local self-government (councils, etc.) in some countries may be prematurely recalled by voters (including for poor performance), deprived of their mandate by the relevant representative body (usually by a two-thirds majority). Only after this, parliamentarians are subject to criminal liability if they have committed crimes (in a number of countries, however, they do not have deputy immunity, and immunity does not, as a rule, apply to members of the legislative assemblies of the subjects of the federation and does not at all extend to deputies of municipal representative bodies).

President's Political Responsibility (the monarch is not subject to liability) is possible in the form of impeachment (Russia, the USA, etc.), early recall by voters (Austria), removal from office by a decision of the constitutional court (Italy). Only after that other measures of punishment can be applied to the former president (civil liability in some cases can also be borne by the incumbent president).

The most severe type of political responsibility of the government and ministers (including ministers in some subjects of the Russian Federation) is dismissal by vote of no confidence (resolution of censure) to resign. The government can be dismissed and at the discretion of the president (Russia, Ukraine, etc.). Also possible civil liability of government and ministers, but also for ministers criminal (punishment) and disciplinary responsibility (reprimand, etc.).

Special procedures for establishing liability may be applied to other bodies and officials (for example, judges), but they are not subject to political liability (the exception is the recall of judges by voters in a few countries).

55. Criminal liability in the sphere of state and municipal administration

Encroachments on public administration, if they constitute a crime, are subject to punishment in accordance with the Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (Criminal Code of the Russian Federation). The Criminal Code of the Russian Federation provides for twenty-one offenses against military service - from desertion to insulting a serviceman.

In ch. 30 of the Criminal Code of the Russian Federation are listed elements of crimes against public service (this can also be extended to the municipal service), in particular, abuse of official powers, abuse of official powers, refusal to provide information to the Federal Assembly or the Accounts Chamber, misappropriation of the powers of an official, illegal participation in business activities, receiving and giving a bribe, official forgery, negligence. Among these offenses may be crimes committed not only by civil servants. Thus, the assignment of the powers of an official can be carried out both by a civil servant and by an ordinary citizen who pretends to be a big boss.

Other chapters of the Criminal Code of the Russian Federation, not related to issues of public authority and state and municipal services, also provide for crimes that are committed by subjects of public administration. Such compounds are found in chapters providing punishment for economic crimes (Chapter 22), for crimes against public safety (Chapter 24), environmental crimes (Chapter 26), crimes against traffic safety (Chapter 27), against the fundamentals constitutional order and state security (chapter 29), against justice (chapter 31), against the peace and security of mankind (chapter 34). In the sphere of economic activity, a civil servant may be held liable for illegal business (Article 171); he may violate safety rules when conducting mining operations (Article 216). The captain of a state ship may be held liable for failure to provide assistance to those in distress (Article 270). Espionage is often committed by government officials who have access to state secrets (Article 276). Many of these provisions apply to municipal service officials.

Some crimes in the justice sector can only be committed by government officials. The same applies to certain crimes against the peace and security of mankind. The planning, preparation, unleashing and waging of an aggressive war, the use of prohibited means and methods of waging war, as a general rule, can be carried out only by the highest officials.

56. Civil liability in the field of state and municipal government

The legislation of various countries provides civil liability state and municipal body and official. They are liable for harm caused to the person or property of a citizen, as well as to the property of a legal entity. According to Art. 1064 of the Civil Code of the Russian Federation, damage must be compensated in full. In accordance with the law, an obligation to pay compensation to victims in addition to compensation for harm may also be established. The law may provide for compensation for harm even in the absence of fault of the tortfeasor. Compensation for harm can be refused if it is established that the harm was caused with the consent of the victim, and the actions of the tortfeasor do not violate the moral principles of society.

These general provisions are specified in the articles relating to state and municipal bodies and their officials. In accordance with Art. 1068 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state, municipal bodies, state, municipal organizations or officials, including as a result of the issuance of an act that does not comply with the law or other legal act of a state, municipal body, refundable. Damage is not compensated if it was caused in a state of necessary defense, provided that its limits were not exceeded. If the harm is caused by a state body, state institution, state enterprise or official in a state of emergency, it must be compensated, although its size may be reduced. These liability provisions apply to municipal governments, municipal organizations and municipal officials.

The responsibility for harm caused by illegal actions of bodies of inquiry, preliminary investigation, prosecutor's office and court (Article 1070 of the Civil Code of the Russian Federation). In this case, we mean unlawful conviction, unlawful criminal prosecution, unlawful detention.

Harm caused in the administration of justice, is compensated if the guilt of the judge is established by a court verdict that has entered into legal force.

Concerning harm caused by state authorities, the subject of the Federation, the municipality and their officials, then it is reimbursed if the actions (inaction) were illegal, at the expense of the treasury of the Russian Federation, its subject, the municipality, depending on the status of the official. At the same time, the Federation, its subject, municipality, which compensated for the damage from its treasury, have the right to file a recourse claim against the body or official that caused the damage.

Author: Konstantin Sibikeev

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The Chinese market for high-tech products will grow rapidly - these are just one of the top five predictions for the industry for 2015, which were given by analysts at IDC in a special report.

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