In accordance with Part 2 of Article 20 of the Federal Law of April 4, 2005 N 32-FZ "On the Civic Chamber of the Russian Federation" and Part 8 of Article 9 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" I decide:
1. Establish that the Public Council under the Ministry of Internal Affairs of the Russian Federation and public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the Public Council) are formed in order to ensure the coordination of socially significant interests of citizens of the Russian Federation (hereinafter referred to as citizens), federal state bodies authorities, public authorities of the constituent entities of the Russian Federation, local governments, public associations, human rights, religious and other organizations, including professional associations of entrepreneurs (hereinafter referred to as public associations and organizations), and solving the most important issues of the activities of the internal affairs bodies of the Russian Federation, including the police (hereinafter referred to as the internal affairs bodies).
2. The Public Council is an advisory body, the decisions of which are advisory in nature.
3. The Public Council is formed on the basis of voluntary participation in its activities of citizens, members of public associations and organizations.
4. Members of the public council cannot be:
a) persons who are not citizens of the Russian Federation or who have citizenship (nationality) of a foreign state;
b) persons under the age of 18;
c) the President of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, members of the Government of the Russian Federation, judges, other persons holding public positions of the Russian Federation, positions of the federal state civil service, public positions of constituent entities of the Russian Federation, positions of the state civil service of the constituent entities of the Russian Federation, positions of the municipal service, as well as persons holding elective positions in local governments;
d) persons recognized as legally incompetent on the basis of a court decision;
e) persons who have or had a criminal record;
f) persons in respect of whom criminal prosecution has been terminated due to the expiration of the statute of limitations, in connection with the reconciliation of the parties, as a result of an amnesty act or in connection with active repentance;
g) persons who are suspected or accused in a criminal case;
h) persons who repeatedly during the year preceding the day of inclusion in the public council were subjected to administrative punishment in court for intentionally committed administrative offenses;
i) persons whose membership in the public council was previously terminated due to a violation of the Code of Ethics for members of public councils.
5. The main tasks of the public council are:
a) involvement of citizens, public associations and organizations in the implementation public policy in the field of protecting public order, preventing crime, ensuring public safety, as well as promoting the implementation of state policy in the field of combating crime;
b) participation in the development and consideration of concepts, programs, initiatives of citizens, public associations and organizations for the most topical issues activities of internal affairs bodies;
c) participation in informing citizens about the activities of internal affairs bodies, including through the media, and in public discussion of issues related to the activities of internal affairs bodies;
d) analysis of the opinion of citizens on the activities of the internal affairs bodies and bringing the generalized information obtained as a result of the analysis to the heads of the relevant internal affairs bodies;
e) conducting a public examination of draft federal laws and other regulatory legal acts on the activities of internal affairs bodies;
f) exercising public control over the activities of internal affairs bodies.
6. The Public Council, in order to fulfill the tasks assigned to it, has the right to:
a) request and receive in the prescribed manner from the internal affairs bodies information about their activities, if this does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, on proceedings in cases of administrative offenses, on operational-investigative activities, on the protection of state and other protected by law secrets, and also does not violate the rights of citizens, public associations and organizations;
b) hear, in the manner established by the Minister of Internal Affairs of the Russian Federation, information from officials of the Ministry of Internal Affairs of the Russian Federation and its territorial bodies on the activities of internal affairs bodies in the suppression of crimes, the protection of public order, ensuring public safety and preventing offenses;
c) make proposals to the heads of the internal affairs bodies of the Russian Federation on improving the activities of the internal affairs bodies;
d) create on issues within the competence of the public council, commissions and working groups, which may include, in agreement with the relevant heads of the internal affairs bodies, employees of the internal affairs bodies, as well as state civil and municipal employees, representatives of public associations and organizations;
f) assist employees of internal affairs bodies in protecting their rights and legitimate interests.
7. Members of the public council have the right to:
a) visit, without special permission, the premises occupied by internal affairs bodies, as well as places of detention of suspects and accused of committing a crime, detainees, persons subjected to administrative arrest, in the manner established by the Minister of Internal Affairs of the Russian Federation;
b) get acquainted with the appeals of citizens about the violation of their rights, freedoms and legitimate interests by employees of the internal affairs bodies, as well as with the results of consideration of such appeals;
c) to petition the relevant heads of internal affairs bodies and regulatory bodies to conduct inspections of compliance by employees of internal affairs bodies with the rights, freedoms and legitimate interests of citizens, requirements for official conduct, professional ethics, take part in such inspections and get acquainted with their results;
d) to participate, in accordance with the procedure established by the Minister of Internal Affairs of the Russian Federation, in the work of meetings held by internal affairs bodies;
e) be present in the manner prescribed by the Minister of Internal Affairs of the Russian Federation, when officials of the internal affairs bodies conduct a personal reception of citizens.
8. Members of the public council have a certificate, the sample of which is approved by the Minister of Internal Affairs of the Russian Federation.
9. Members of the Public Council are obliged to comply with the Code of Ethics of a member of the Public Council, which is approved by the Public Council under the Ministry of Internal Affairs of the Russian Federation.
10. The composition of the Public Council under the Ministry of Internal Affairs of the Russian Federation is formed and approved by the Minister of Internal Affairs of the Russian Federation, taking into account the results of consultations with the Public Chamber of the Russian Federation, the Council under the President of the Russian Federation for the development of civil society and human rights, public associations and organizations.
11. The regulation on the Public Council under the Ministry of Internal Affairs of the Russian Federation is approved by the President of the Russian Federation.
12. The term of office of members of the public council expires two years after the first meeting of the public council.
13. The procedure for the formation of public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation and the formation of the composition of these councils, as well as the procedure for approving the provisions on them, is established by the Minister of Internal Affairs of the Russian Federation in agreement with the Public Council under the Ministry of Internal Affairs of the Russian Federation.
14. Regulations on public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation are agreed upon:
a) at the district level - with authorized representatives of the President of the Russian Federation in federal districts;
b) at the interregional and regional levels with the Public Council under the Ministry of Internal Affairs of the Russian Federation;
c) at the district level - with the relevant public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the regional level.
15. Meetings of the public council are open to representatives of the media to the extent that this does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, on proceedings in cases of administrative offenses, on operational-investigative activities, on the protection of state and other protected by law secrets, and also does not violate the rights of citizens, public associations and organizations.
16. Information about the agenda of a meeting of the public council is posted in public information systems no later than 10 days before the day of the meeting. Public information systems also contain information about decisions made by the public council, with the exception of decisions containing confidential information.
17. Before July 1, 2011, the Minister of Internal Affairs of the Russian Federation shall submit for approval by the President of the Russian Federation the regulation on the Public Council under the Ministry of Internal Affairs of the Russian Federation.
18. The Ministry of Internal Affairs of the Russian Federation, together with authorized representatives of the President of the Russian Federation in the federal districts and senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, until September 1, 2011, to form public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation and resolve issues related to the provision of their activities.
19. Include in the Decree of the President of the Russian Federation of August 4, 2006 N 842 "On the procedure for the formation of public councils under federal ministries, federal services and federal agencies, the activities of which are managed by the President of the Russian Federation, under federal services and federal agencies subordinate to these federal ministries" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, No. 32, art. 3539) amended by adding paragraph 1 after the words "under federal ministries" with the words "(except for the Ministry of Internal Affairs of the Russian Federation)".
20. This Decree comes into force from the date of its signing.
President of the Russian Federation D. Medvedev
Moscow Kremlin
Decree of the President of the Russian Federation of May 23, 2011 N 668
"On public councils under the Ministry of Internal Affairs of the Russian Federation and its territorial bodies"
With changes and additions from:
In accordance with Part 2 of Article 20 of the Federal Law of April 4, 2005 N 32-FZ "On the Civic Chamber of the Russian Federation" and Part 8 of Article 9 of the Federal Law of February 7, 2011 N 3-FZ "On the Police" I decide:
1. Establish that the Public Council under the Ministry of Internal Affairs of the Russian Federation and public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the Public Council) are formed in order to ensure the coordination of socially significant interests of citizens of the Russian Federation (hereinafter referred to as citizens), federal state bodies authorities, public authorities of the constituent entities of the Russian Federation, local governments, public associations, human rights, religious and other organizations, including professional associations of entrepreneurs (hereinafter referred to as public associations and organizations), and solving the most important issues of the activities of the internal affairs bodies of the Russian Federation, including the police (hereinafter referred to as the internal affairs bodies).
2. The Public Council is an advisory body, the decisions of which are advisory in nature.
3. The Public Council is formed on the basis of voluntary participation in its activities of citizens, members of public associations and organizations.
4. Members of the public council cannot be:
a) persons who are not citizens of the Russian Federation or who have citizenship (nationality) of a foreign state;
b) persons under the age of 18;
c) the President of the Russian Federation, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of the State Duma of the Federal Assembly of the Russian Federation, members of the Government of the Russian Federation, judges, other persons holding public positions of the Russian Federation, positions of the federal state civil service, public positions of constituent entities of the Russian Federation, positions of the state civil service of the constituent entities of the Russian Federation, positions of the municipal service, as well as persons holding elective positions in local governments;
d) persons recognized as legally incompetent on the basis of a court decision;
e) persons who have or had a criminal record;
f) persons in respect of whom criminal prosecution has been terminated due to the expiration of the statute of limitations, in connection with the reconciliation of the parties, as a result of an amnesty act or in connection with active repentance;
g) persons who are suspected or accused in a criminal case;
h) persons who repeatedly during the year preceding the day of inclusion in the public council were subjected to administrative punishment in court for intentionally committed administrative offenses;
i) persons whose membership in the public council was previously terminated due to a violation of the Code of Ethics for members of public councils.
5. The main tasks of the public council are:
a) involvement of citizens, public associations and organizations in the implementation of state policy in the field of protecting public order, preventing crime, ensuring public safety, as well as promoting the implementation of state policy in the field of combating crime;
b) participation in the development and consideration of concepts, programs, initiatives of citizens, public associations and organizations on the most pressing issues of the activities of internal affairs bodies;
c) participation in informing citizens about the activities of internal affairs bodies, including through the media, and in public discussion of issues related to the activities of internal affairs bodies;
d) analysis of the opinion of citizens on the activities of the internal affairs bodies and bringing the generalized information obtained as a result of the analysis to the heads of the relevant internal affairs bodies;
e) conducting a public examination of draft federal laws and other regulatory legal acts on the activities of internal affairs bodies;
f) exercising public control over the activities of internal affairs bodies.
6. The Public Council, in order to fulfill the tasks assigned to it, has the right to:
a) request and receive, in accordance with the established procedure, from the internal affairs bodies information about their activities, if this does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, , , on the protection of state and other secrets protected by law, and also does not violate the rights of citizens, public associations and organizations;
b) hear, in the manner established by the Minister of Internal Affairs of the Russian Federation, information from officials of the Ministry of Internal Affairs of the Russian Federation and its territorial bodies on the activities of internal affairs bodies to suppress crimes, protect public order, ensure public safety and prevent offenses;
c) make proposals to the heads of the internal affairs bodies of the Russian Federation on improving the activities of the internal affairs bodies;
d) create on issues within the competence of the public council, commissions and working groups, which may include, in agreement with the relevant heads of the internal affairs bodies, employees of the internal affairs bodies, as well as state civil and municipal employees, representatives of public associations and organizations;
f) assist employees of internal affairs bodies in protecting their rights and legitimate interests.
7. Members of the public council have the right to:
a) visit, without special permission, the premises occupied by internal affairs bodies, as well as places of detention of suspects and accused of committing a crime, detainees, persons subjected to administrative arrest, in the manner established by the Minister of Internal Affairs of the Russian Federation;
b) get acquainted with the appeals of citizens about the violation of their rights, freedoms and legitimate interests by employees of the internal affairs bodies, as well as with the results of consideration of such appeals;
c) to petition the relevant heads of internal affairs bodies and regulatory bodies to conduct inspections of compliance by employees of internal affairs bodies with the rights, freedoms and legitimate interests of citizens, requirements for official conduct, professional ethics, take part in such inspections and get acquainted with their results;
d) to participate, in accordance with the procedure established by the Minister of Internal Affairs of the Russian Federation, in the work of meetings held by internal affairs bodies;
e) to be present, in the manner established by the Minister of Internal Affairs of the Russian Federation, when officials of the internal affairs bodies conduct a personal reception of citizens.
8. Members of the public council have a certificate, the sample of which is approved by the Minister of Internal Affairs of the Russian Federation.
9. Members of the Public Council are obliged to comply with the Code of Ethics of a member of the Public Council, which is approved by the Public Council under the Ministry of Internal Affairs of the Russian Federation.
10. The composition of the Public Council under the Ministry of Internal Affairs of the Russian Federation is formed and approved by the Minister of Internal Affairs of the Russian Federation, taking into account the results of consultations with the Public Chamber of the Russian Federation, the Council under the President of the Russian Federation for the development of civil society and human rights, public associations and organizations.
11. The regulation on the Public Council under the Ministry of Internal Affairs of the Russian Federation is approved by the President of the Russian Federation.
12. The term of office of members of the public council expires three years after the first meeting of the public council.
13. The procedure for the formation of public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation and the formation of the composition of these councils, as well as the procedure for approving the provisions on them, is established by the Minister of Internal Affairs of the Russian Federation in agreement with the Public Council under the Ministry of Internal Affairs of the Russian Federation.
14. Regulations on public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation are agreed upon:
a) at the district level - with authorized representatives of the President of the Russian Federation in federal districts;
b) at the interregional and regional levels - with the Public Council under the Ministry of Internal Affairs of the Russian Federation;
c) at the district level - with the relevant public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation at the regional level.
15. Meetings of the public council are open to representatives of the media to the extent that this does not contradict the requirements of the legislation of the Russian Federation on criminal proceedings, on proceedings in cases of administrative offenses, on operational-investigative activities, on the protection of state and other protected by law secrets, and also does not violate the rights of citizens, public associations and organizations.
16. Information about the agenda of a meeting of the public council is posted in public information systems no later than 10 days before the day of the meeting. Public information systems also contain information about decisions made by the public council, with the exception of decisions containing confidential information.
17. Before July 1, 2011, the Minister of Internal Affairs of the Russian Federation shall submit for approval by the President of the Russian Federation the regulation on the Public Council under the Ministry of Internal Affairs of the Russian Federation.
18. The Ministry of Internal Affairs of the Russian Federation, together with authorized representatives of the President of the Russian Federation in the federal districts and senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation, until September 1, 2011, to form public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation and resolve issues related to the provision of their activities.
19. Include in the Decree of the President of the Russian Federation of August 4, 2006 N 842 "On the procedure for the formation of public councils under federal ministries, federal services and federal agencies, the activities of which are managed by the President of the Russian Federation, under federal services and federal agencies subordinate to these federal ministries" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, No. 32, art. 3539) amended by adding paragraph 1 after the words "under federal ministries" with the words "(except for the Ministry of Internal Affairs of the Russian Federation)".
20. This Decree comes into force from the date of its signing.
President of Russian Federation | D. Medvedev |
Moscow Kremlin
Part 1 Art. 78 CRF: Federal executive authorities, in order to exercise their powers, can create their own territorial bodies and appoint the appropriate DL
Federal Law of October 6, 1999 No. 184-FZ: clause 9 of article 26.3
does not allow to assign the functions of territorial bodies to the bodies executive power subjects of the Russian Federation. Why? Because the subjects of jurisdiction between the Russian Federation and the subjects are delimited. Previously, on the subjects of joint jurisdiction, the functions of territorial bodies were directly assigned to the executive authorities of the subjects.
Federal executive authorities are not obliged to create territorial bodies. He can exercise his powers in a different way. Various forms are possible, they are listed in the Standard Regulations for the Interaction of Executive Authorities: territorial bodies, appointment of representatives (position in the central office, in a federal body). Moreover, the exercise of part of the powers of the federal executive authorities on issues of joint jurisdiction can be transferred to the subject's executive body in accordance with the Federal Law. This follows from the CRF and FZ-184. This is not conferring the status of a territorial body of the federal executive authority on the subject's EA.
Clause 5. 1 of the Model Regulations for the interaction of federal executive authorities:
Options for exercising the powers of federal executive authorities in certain territories:
Through local authorities
Representatives of federal executive authorities, who are civil servants holding positions in the central office of this body
Implementation of part of the powers of the federal executive authorities on subjects of joint jurisdiction - MB transferred to the executive branch of the constituent entities of the Russian Federation in accordance with federal legislation
It is not allowed to empower ter. body of state institutions and other organizations, not yavl. state authorities
Decree Constitutional Court RF dated March 21, 1997 N 5-P: in accordance with the principle of the unity of the economic system of the Russian Federation, tax authorities belong to a single system of federal authorities and act as territorial tax authorities. Tax inspections - can be exclusively territorial bodies, subjects of the federation cannot create their own tax authorities.
Determination of the Constitutional Court of the Russian Federation of January 13, 2000 N 10-O “The norm of Article 78 (part 1) of the Constitution of the Russian Federation does not imply the need to extend the scope of activities of the KRU of the Ministry of Finance of the Russian Federation as its territorial bodies exclusively on the territory of the constituent entities of the Russian Federation.”
Thus, it is possible to create interregional territorial bodies of federal executive bodies. For example, the control and audit department for the Stavropol Territory and the Republic of Adygea. CC: it does not follow from the CRF that the powers of a territorial body should extend to the territory of only one subject. And can the powers of a territorial body extend to the territory of all subjects of the Russian Federation? Absurd, but possible in practice. A contradiction with the idea of bringing power closer to places. Territorial bodies are created in order to exercise powers on the territory of the subjects. Examples:
1. Federal service Rospotrebnadzor. 83 departments for subjects and one department for railway transport.
2. Federal Property Management Agency. Some time ago, it had territorial bodies for subjects and had a separate territorial body that managed the property of the Academy of Sciences.
3. Tax authorities - traditionally create territorial bodies whose powers extend to the entire territory of Russia. Interregional Inspections. The CC did not say anything about this. From the point of view of theory, one can somehow substantiate the contradiction of Art. 78. If you look historically, there could be a federal executive authority whose powers do not extend to the entire territory of Russia. So it was in the USSR: the Ministry of the coal industry of the western regions and eastern regions. It looked okay.
Decree of the Constitutional Court of the Russian Federation of December 10, 1997 N 19-P Regulation of the procedure for appointing the head of the internal affairs body of a constituent entity of the Russian Federation should be carried out taking into account the organizational and functional unity of the system of internal affairs bodies. At the same time, the internal affairs body in the subject of the Russian Federation has dual nature, as it also acts as an executive authority of this constituent entity of the Russian Federation, which necessitates the coordination of the candidacy of its head with the constituent entity of the Russian Federation.
Ensuring law and order and the rule of law is a joint responsibility. The CRF will not contradict if it is established that when appointing the heads of territorial internal affairs bodies, the authorities of the subject take part in agreeing on the candidacy.
Resolution of the Constitutional Court of the Russian Federation of 07.06.2000 N 10-P
If the territorial bodies of the federal executive authorities are vested with the powers of the Russian Federation on issues of joint jurisdiction, then the federal legislator has the right to provide for the possibility of agreeing with the legislative body of the constituent entity of the Russian Federation on the appointment of the heads of these territorial bodies (Article 24 of Federal Law No. 184-FZ).
Decree of the President of the Russian Federation of July 2, 2005 No. 773 obliges federal ministers to coordinate with the governors the candidacies of the heads of the territorial bodies of this ministry. The decree introduced the approval procedure.
The procedure for the creation of territorial bodies of federal executive authorities is regulated by by-laws. Now mainly by Government Decrees.
Decree of the Government of the Russian Federation "On the procedure for the creation and activities of territorial bodies of ministries and departments of the Russian Federation" dated May 27, 1993 N 491 // SAP RF. 1993. No. 22. Article 2032 - old, not formally abolished and continues to operate, but to find norms that have practical value, it is practically impossible to find, because the lower regulation regulates in much more detail.
Decree of the Government of the Russian Federation of January 19, 2005 N 30 "On the Standard Regulations for the Interaction of Federal Executive Authorities" - it is necessary to decide who makes decisions about whether federal executive authorities will have territorial bodies or not. as a rule, this can be established from the regulations on the bodies: the regulations are approved either by the President or the Government. The model regulation mentions the layout of territorial bodies, which is db for each federal executive body. Nothing is said about the bodies accountable to the President, about those accountable to the Government: this scheme is approved by the Government. If a federal agency or service is under the jurisdiction of ministries, the placement scheme is approved by the ministry. Based on the scheme, the federal executive authority itself adopts acts on the creation or abolition of a territorial body.
What's in practice? Three options can be distinguished among the federal executive authorities whose territorial bodies are created: (options for organizing the system of territorial bodies of the executive power)
1. multi-level hierarchical structures - the Ministry of Internal Affairs and the ATS system. FTS. FCS. There are territorial bodies of at least two levels. Departments are created for the subjects, and inter-district inspections are subordinate to the departments.
2. single-level systems. As a rule, a territorial body is created in each subject. FAS, FSSP, Rospotrebnadzor.
3. single-level systems of interregional territorial bodies. 7, 10, 20 territorial bodies, sometimes in federal districts. What is it for? To break away from the possible dependence on the subject's RIW.
Competence of territorial bodies.
Created to exercise the powers of federal executive authorities. The competence of the territorial body is part of the competence of the federal executive authority.
The Federal Tax Service exercises its powers both directly and through its territorial bodies. The Federal Tax Service keeps records of taxpayers, monitors the deduction and correctness of the deduction of taxes and fees. At the same time, the Federal Tax Service itself does not do this, not a single taxpayer submits tax reports to the Federal Tax Service, not a single taxpayer receives a certificate of registration from the Federal Tax Service. Everyone is in contact with territorial bodies - inspections of different levels.
Between whom and whom do relationships arise? Between the taxpayer and whom? Territorial authority, the Federal Tax Service or the state? Or all at the same time? Or simultaneously with the whole system?
What if there are territorial bodies, their competence is determined by regulations. And if the competence of federal executive authorities has changed? Example: the abolition of the federal executive authority, the transfer of its functions to other bodies. And with the territorial like nothing happened. What can a territorial body do, can it carry out its activities at all? In practice, it comes down to the court.
Example: there was a ministry for antimonopoly policy. Abolished and created FAS. The territorial bodies of the MAP continued to carry out their activities for several months, carried out inspections, and held persons accountable. Individuals went to the courts, complained that it was an unauthorized subject of control. Arbitration courts said that the regulations on the powers of the territorial body are valid, which means that they continue to operate. sometimes they referred to the fact that there is a principle of continuity in the implementation of the IW, it is not violated. If approached strictly theoretically, this is not entirely justified, because the competence of a territorial body is derived from the competence of a federal body.
A positive example: when the system of budgetary control and supervision bodies changed. From the Ministry of Finance, the functions were transferred to specially created services. Then the Ministry of Finance issued letters stating that the territorial authorities should not conduct inspections before transferring them to the services.
OIV structure.
The structure of federal executive authorities is a list of those bodies that are actually created and exist. Now we are talking about a specific single organ. Each organ has its own structure. Structural units. In the end, everything depends on a specific position.
A position is a set of rights and obligations. Each position is occupied by an employee.
Structural divisions are determined by standard regulations of interaction and organization.
Ministry: two-tier structure - departments (headed by directors) and departments.
Service and agencies - management.
Each structural unit also has its own competence. If we turn to the theory of subjects, as such in many sources, among others, bodies and their structural divisions are called. It turns out the subject and the whole, and its part.
The competence of the structural unit.
Correlation between the competence of the structural subdivision and the territorial body. The territorial body is subordinate to the federal executive authority, implements the powers of the federal executive authority in one or another territory in one or another part, but is not part of the federal executive authority, in contrast to the structural unit.
Problems:
1. What do we actually mean by a specific IW body?
2. the term department - two meanings. The vast majority: all types of federal executive bodies except ministries. Second: Bahrak (?). department - a type of AP subjects, a complex organization. Department of tax authorities. If we say that we have a subject in front of us, he has db legal personality. It is necessary to try to imagine a legal relationship in which "this is everything enters in its entirety." Sosnovsky: a specific body enters into legal relationship.
3. the term central office. If you look at the literal wording, the central office of the Federal Tax Service is no different from the Federal Tax Service. Everything else is territorial bodies and subordinate organizations.
Can a structural subdivision enter into legal relations with an external entity that is not related to this body? Most often, it turns out that the authority is entrusted as a whole to the federal executive authority, and the Ministry acts in external relations, but through the actions of its structural unit. The phrase that the division gives the department means that the general position of the body is formed specifically by the structural unit. The subject, however, who receives an explanation, must perceive it as if he received an explanation from the federal executive authority. But there are examples in practice and more complex. There are such subjects in relation to which it is not clear whether this is still a structural unit or already an independent body. Federal Border Service within the structure of the Federal Security Service. This is a structural unit. There are territorial bodies that are called upon to exercise the competence assigned to this structural unit.
Can structural divisions issue legal acts? No, they can't, it's expressly prohibited.
Sign of organizational isolation. What are its criteria?
The system of federal executive authorities must be approved by the Federal Law, but in practice it is carried out by the Decree of the President. With regard to the scheme that the Constitutional Court considered necessary, based on the provisions of the CRF and which is not implemented at the federal level, the federal legislator implemented it at least for the constituent entities of the federation, requiring that the system of the subject's TEC be approved by the law of the subject, and the structure (i.e., a list of individual bodies) - by the highest official of the subject of the federation. At the level of a subject of the federation, No. 184-FZ requires the creation of a supreme body of executive power (the highest executive authority), and it is assumed that the scheme that is established by the subject is more or less similar to the federal one, i.e. senior official and government. The question of whether there can be a separate figure of the Chairman of the Government and whether there can be dual power in terms of managing the system of oiv, which exists at the federal level, was decided differently at the level of subjects. The original version of No. 184-FZ required that the head of the subject - VDL be the head of the subject - VDL. Later) in 2005/06) the provisions of the law were adjusted so that now the existence of a full-fledged government with the figure of the chairman of the government of the subject is possible. Although many subjects try to avoid this dual power in terms of managing the oI system, the highest official of the subject, for example, the governor, is still considered the chairman of the government. However, according to the Federal Law and the Statutes of the subject, it is assumed that the Government performs the functions of the supreme executive body. The MDL of the subject has a special status. It is similar to the President within the subject of the federation (in the republics it is most often called the President), but its legal status suggests that there is a certain set of functions that are independent and not reducible to functions within the system of executive power. These functions are assigned to the VDL. And the government of the subject performs the functions of managing the system of executive power. The structure of the faucet is determined by the act of the VDL on the list of faucets of the subject. Approval of the regulations on these bodies and the appointment of leaders is the competence of the Government of the subject.
In the subjects there are 2 types of oI, as, for example, in St. Petersburg: sectoral and territorial bodies. Here is the situation of existence of single-level/single-order bodies. The branch body has practically the same status, the same relations with the Government as the territorial body. They are not in a hierarchy in relation to each other, while functionally, territorial bodies can create subdivisions that ensure the implementation of general functions assigned on the scale of the entire subject to the branch oiv.
Example: a Committee on Education is created on the scale of the subject. In each administrative region, a territorial body is created - the administration of the region. St. Petersburg has 18 administrative districts. Each district administration has a department / subdivision of education, which performs the functions of the Education Committee on the territory of the district, as well as on the scale of the entire subject.
How should the system and structure of the executive power of subjects correlate with the system of federal executive authorities? In this regard, there are two possible steps that have different weight from a legal and organizational point of view. From a legal point of view, the question can be put in this way: can the federations oblige the subjects to build their own systems of oiv on the same principles, in the same form as at the federal level? In other words, is it possible to oblige all subjects to create ministries, services and agencies? Should there be a three-tier / three-member system in the oiv of the subject? Those. With compliance of the system of executive authorities of the subjects with the system of federal executive authorities
Ruling of the Supreme Court of the Russian Federation of February 28, 2003 in case N 56-G03-3 (which was later canceled):
Since the system of executive authorities of the Primorsky Territory must correspond to the structure of the executive authorities of the Russian Federation and form a single system with it, the merger of the Department of Education and Science and the Department of Social Protection of the Population of the Administration of the Territory into one Department of Education, Science and Social Protection of the Administration of the Territory is illegal.
The Supreme Court supported the position of the Primorsky Regional Court, which recognized the union of two oivs in the subject (Department of Science Education and the Department of Social Protection of the Population into one body) as unacceptable. The court, analyzing the decision, came to the conclusion that since at the federal level there are separate bodies of science and education and separate bodies of social protection, and if they are combined at the level of the subject, this will complicate the system of interaction. Since one way or another oiv subjects in accordance with Art. 77 of the CRF interact and even on certain issues are subordinate to the federal executive authorities, their structure and system should more or less correspond to what is at the federal level. But this position did not receive support, and in general, the judicial act remains the only precedent, and besides, still revised by the Presidium of the Supreme Court. A different point of view prevailed: legally, the subjects of the federation are absolutely independent in determining the system and structure of their own POI, they can determine the types of POI, types of executive authorities, their names, etc. by themselves. accordingly, it is assumed that subjects can do this completely freely and without regard to the federal structure. At the same time, it should be noted that within the framework of the administrative reform, the subjects are stimulated to reform their own oIs.
At the federal level, the structure of federal executive authorities changes very often. If all subjects of the federation completely copied, reproduced, etc., they would have to change this structure very often and this would cause significant organizational difficulties and make work difficult. If legal entities are not obligated to copy the system of federal executive authorities, then it is organizationally and financially stimulated, encouraged to create general principles construction.
