Federal executive authorities of the government of the Russian Federation. Federal executive authorities in the Russian Federation: legal status and types

executive branch federal cadastre

As mentioned earlier, the types of executive bodies are a system of executive bodies.

The classification of executive authorities is as follows:

1) According to the federal structure:

federal executive authorities;

The executive authorities of the subjects.

2) By scope of competence:

Bodies of general competence;

bodies of special competence;

bodies of branch competence;

bodies of intra-industry competence;

bodies of intersectoral competence;

Bodies of mixed competence.

3) By organizational and legal forms:

governments;

Councils of Ministers with the status of government;

ministries;

state committees;

committees;

services;

main departments;

management;

Inspections

agencies;

departments;

the administration;

departments;

other executive authorities.

4) according to the procedure for resolving subordinate issues:

single-management;

collegiate.

As noted earlier, the system and structure of the executive authorities are not the same thing. But these concepts are interconnected. Their development is influenced by many political, social, legal and other factors. AT recent times The system of federal executive bodies changed frequently. Previously, this system was created on the basis of improving the principle of not government controlled economic sphere. Decree of the President of the Russian Federation of March 9, 2004 No. 314 "On the system and structure of federal executive bodies" (SZ RF. 2004. N 11. Art. 945) approved a new system of federal executive bodies, which includes federal ministries, federal services and federal agencies. The structure of the federal executive authorities includes the Government of the Russian Federation, and an alphabetical list of federal ministries, state committees, federal services, agencies. Types of organs represent a certain set of organs interacting with each other, both within each type and between them, cannot act as a structure of the whole (system).

1. Federal ministries are federal executive bodies that carry out the functions of developing public policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation. The functions of adopting regulatory legal acts are the publication on the basis of and in pursuance of the Constitution of the Russian Federation and federal laws that are binding on state authorities, local governments, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal laws and other regulatory legal acts of generally binding rules of conduct that apply to an indefinite circle of persons. The Ministry is headed by a federal minister who is part of the Government of the Russian Federation. The Ministry in the established field of activity cannot perform the functions of control and supervision, law enforcement functions and functions of managing state property, except in cases established by decrees of the President of the Russian Federation.

The essence of the federal ministries lies in the implementation of legal regulation in the established field of activity, except for issues legal regulation which, in accordance with the Constitution of the Russian Federation and legislation, is carried out exclusively by federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation.

2. The federal service is a federal executive body exercising the functions of control and supervision in the established area of ​​activity, as well as special functions in the field of defense, state security, protection and protection of the state border, combating crime, and public safety.

The functions of control and supervision are actions to control and supervise the execution by state authorities, local governments, their officials, legal entities and citizens established by the Constitution of the Russian Federation, legislation.

Federal services, within their competence, issue individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation and federal legislation, which coordinates and controls the activities of the service. The federal service may be under the jurisdiction of the President of the Russian Federation or be subordinate to the Government of the Russian Federation.

3. Federal agencies are federal executive bodies that, in the established area of ​​activity, perform the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision.

Functions for the provision of public services are the implementation by federal executive authorities of services of exceptional social significance and provided on the conditions established by federal legislation to an indefinite circle of persons;

Federal agencies, within the limits of their competence, issue individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation and federal legislation. Thus, the system of federal executive bodies is a legally ordered, internally coordinated set of bodies that are different in their organizational and legal form, subordinated on the basis of the division of competence between them and forming an integrated unity in the process of exercising executive power throughout the territory. Russian Federation.

The diversity of federal executive bodies is determined by the desire for the most effective implementation of the functions of state administration. But it should be noted that there is no law that specifies all the provisions on executive power.

On the this moment These provisions are contained in several normative acts. The adoption of a single normative act will create a stable legal basis for the formation of effective executive power, including the system of federal executive bodies.

the generalized name of the executive authorities of the Russian Federation, used by the Constitution and other regulatory acts of the Russian Federation. In accordance with the Decree of the President of the Russian Federation "On the system of federal executive bodies" dated August 14, 1996 (with subsequent amendments), the system of these bodies includes the ministries of the Russian Federation (federal ministries) and other federal executive bodies: state committees of the Russian Federation, federal commissions of Russia , federal services of Russia, Russian agencies, federal supervision of Russia, as well as the Administration of the President of the Russian Federation.

Ministry of the Russian Federation - F. o. and. century, pursuing state policy, exercising management in the established field of activity, as well as coordinating the activities in this area of ​​other F. o. and. in. The Ministry is headed by the Minister of the Russian Federation (Federal Minister), who is part of the Government of the Russian Federation.

The State Committee of the Russian Federation and the Federal Commission of Russia - F. o. and. c., carrying out on a collegiate basis intersectoral coordination on issues within their jurisdiction, as well as functional regulation in a certain area of ​​activity. The state committee, the federal commission is headed by the chairman.

Federal Service of Russia, Russian Agency, Federal Supervision of Russia - F. o. and. c., performing special (executive, control, licensing, regulatory, etc.) functions in the established areas of jurisdiction. The Federal Service of Russia is headed by the Head (Director) of the Federal Service of Russia, the Russian Agency is headed by the General Director of the Russian Agency, the Federal Supervision of Russia is headed by the Head of the Federal Supervision of Russia.

Creation of F. about. and. c., their reorganization and liquidation are carried out by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation.

The Federal Minister is appointed and dismissed by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation. The chairman of the state committee, the federal commission, the head (director) of the federal service, the general director of the Russian agency and the head of federal supervision are appointed and dismissed by the Government of the Russian Federation.

Thus, the ministries of the Russian Federation, in principle, can be considered as having a higher rank compared to other F. o. and. c., since ministers are appointed by the President of the Russian Federation and are part of the Government of the Russian Federation, and the heads of other bodies are appointed by the Government of the Russian Federation and are not part of it.

However, it should be borne in mind that, according to the decree of August 14, 1996, the heads of the F. o. and. c., subordinate to the President of the Russian Federation on issues assigned to him by the Constitution and laws of the Russian Federation, are appointed to office and dismissed from office in a specially established manner, i.e. appointment to and dismissal in this case is made by the President of the Russian Federation (see also : State Committee of the Russian Federation, Ministry of the Russian Federation, Russian Agency, Federal Commission of Russia, Federal Service of Russia, Federal Supervision of Russia). (S.A.)

Great Definition

Incomplete definition ↓

Federal executive authorities

The system of federal executive bodies was established in 2004. It includes federal ministries, federal services and federal agencies. Later, state committees were included in it. A specific list of f.o.i.v. approved by the President of the Russian Federation in the form of the Structure of federal government agencies executive power.

The system of federal executive bodies has been formed on a scientific basis by dividing several groups of functions. General Functions divided into four main groups: 1) functions for the adoption of regulatory legal acts; 2) functions of control and supervision; 3) functions of state property management; 4) functions for the provision of public services.

The federal ministry is a federal executive body that performs the functions of developing state policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation. The competence of the ministry is limited general principle subordination, secondary nature of its acts according to the formula "on the basis and in execution", the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation. In the established area of ​​activity, the ministry is not entitled to exercise the functions of control and supervision, as well as the functions of managing state property, except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation. One of the most important internal tasks of the ministry is connected with the organization of a system of federal authorities directly subordinate to it, for which it is endowed with the functions of coordination and control.

The Federal Service is a federal executive body exercising the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the state border of the Russian Federation, the fight against crime, and public safety. The federal service is headed by the head (director) of the federal service. The federal service may be subordinate to the President of the Russian Federation or be under the jurisdiction of the Government of the Russian Federation. The Federal Supervision Service may have the status of a collegiate body, and in this way it differs in organizational terms from bodies operating solely on the basis of the principle of unity of command, i.e. ministries. The Federal Service has the right to issue individual legal acts, and in cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation, has the right to exercise legal regulation in the established field of activity.

The federal agency is a federal executive body that performs, in the established area of ​​activity, the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision. The federal agency is headed by the head (director) of the federal agency. A federal agency may have the status of a collegial body. A federal agency may be subordinate to the President of the Russian Federation. The Agency issues individual legal acts. It is not entitled to exercise legal regulation in the established field of activity and functions of control and supervision, except in cases established by decrees of the President of the Russian Federation or decrees of the Government of the Russian Federation.

State Committee as f.o.i.v. can perform all the above functions in a complex, i.e. endowed with the greatest scope of competence. The head of the state committee enjoys the rights of a federal minister, provided for by decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.

Great Definition

Incomplete definition ↓

According to the Decree of Pres. RF of August 14, 1996 No. 1176 syst. fed. org. Spanish the authorities are the ministries of the Russian Federation (fed. min-va) and other fed. Spanish authorities. authorities (state committees of the Russian Federation, federal commissions of the Russian Federation, federal services of the Russian Federation, Russian agencies, federal supervision of the Russian Federation, as well as the Administrative Office of the President of the Russian Federation). Center. org. Spanish authorities function in the economic, socio-cultural and adm.-political. spheres. The structure of the fed. authorities of the isp. authorities approved by Decree of the President. RF dated May 17, 2000 No. 867.

Executive authority - this is an organizational team that carries out executive and administrative activities, endowed with operational independence, having a permanent staff, formed by a higher body, accountable and controlled by a higher body of executive power, the formation, structure and procedure of which are regulated mainly by the norms of adm. rights.

Article 110 of the CRF expressly states that the executive power of the Russian Federation is exercised by the Government of the Russian Federation. The CRF does not establish criteria according to which certain public authorities belong to the executive branch. But this can be understood logically, if we subtract legislative and judicial bodies, as well as bodies with a special status (the Prosecutor's Office of the Russian Federation, the Central Bank of the Russian Federation, the RF SP, the CEC) from all federal government bodies. The remaining bodies make up the system of executive authorities, which are today enshrined in Decree of the President of the Russian Federation “On the structure of federal executive bodies” No. 867 dated May 17, 2000.

In addition, in accordance with part 2 of article 77 of the CRF, the federal executive authorities and the executive bodies of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation. Thus, in contrast to the legislative power, the IPO in the Russian Federation is of a single nature, which predetermines the scope of the powers of the Government of the Russian Federation (organizes the implementation of laws adopted by the Federal Assembly of the Russian Federation, international treaties; exercises control over the execution of these acts of the IPO of the Russian Federation and its subjects, takes measures to eliminate violations of the current legislation).

The CRF does not provide for fixing the system of federal executive bodies in the federal law, and only the Federal Law "On the Government of the Russian Federation" establishes such a rule. Therefore, such a system is established by decrees of the President of the Russian Federation. The system of federal executive authorities includes: Government of the Russian Federation; ministries of the Russian Federation (24); state committees of the Russian Federation (6); federal commissions of Russia (2); federal services of Russia (13); Russian agencies (8); federal supervision of Russia (2); other federal executive authorities (3).

Ministry of the Russian Federation– The federal executive authority conducting state policy and exercising management in the established field of activity, as well as coordinating, in cases established by laws, decrees and posts, the activities of other federal executive authorities in this area. The Ministry is headed by a federal minister who is part of the Government of the Russian Federation.

State Committee of the Russian Federation, Federal Commission of the Russian Federation- Federal executive authorities that carry out intersectoral coordination on a collegiate basis on issues within their jurisdiction, as well as functional regulation in a certain area of ​​​​activity and are headed by the chairman of the Civil Code or the Financial Committee.

Federal Service of the Russian Federation, Russian Agency, Federal Supervision of the Russian Federation– Federal executive authorities that perform special (executive, control, licensing, regulatory, etc.) functions in established areas. The Federal Assembly of the Russian Federation is headed by a head (director), the RA is headed by a general director, and the Federal Tax Service of the Russian Federation is headed by a head.

The creation of federal executive bodies, their reorganization and liquidation are carried out by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation. Regulations on federal executive bodies subordinate to the President of the Russian Federation on issues assigned to him on issues assigned to him by the CRF and laws are approved by the President of the Russian Federation, and on other federal executive authorities - by the Government of the Russian Federation. The maximum number and wage fund of employees of the central office and territorial bodies of federal executive bodies are approved by the Government of the Russian Federation.

The status of each executive body corresponds to the procedure for appointing its leaders. Thus, federal ministers are appointed and dismissed by the President of the Russian Federation at the suggestion of the Chairman of the Government of the Russian Federation. Deputy federal ministers are appointed and dismissed by the Government of the Russian Federation or in accordance with laws. Appointment to and dismissal of heads of federal executive bodies, except for federal ministers and heads of bodies subordinate to the President of the Russian Federation, is carried out by the Government of the Russian Federation.

The heads of federal executive bodies subordinate to the President of the Russian Federation on issues assigned to him by the RF Code and laws are appointed to and dismissed from office in a specially established manner.