Beginning of the form

When characterizing the mechanism of the state, it must be borne in mind that it is formed and operates in accordance with certain principles. The principles of organization and operation of the state mechanism are those provisions and ideas in accordance with which the state mechanism is formed and functions. Every principle is an idea of ​​how the mechanism of the state should work, what it should be. Principles are only provisions and ideas that are reflected in legislation and that are implemented in practice and in the activities of the state. Most often, the basic principles of the organization and operation of the state mechanism are enshrined in the Constitution (the principle of respect for the rights and freedoms of citizens, separation of powers). These principles are reflected in current legislation (laws on the government, on the FSB, etc. - each of them has articles on the basic principles of the activities of these bodies). The principles of organization and operation of the state mechanism depend on political regime, are determined by it.

In a relationship modern state The following principles of organization and operation of the state mechanism can be named:

· the principle of separation of powers;

· the principle of delimitation of functions between state bodies;

· the principle of the rule of law and the Constitution. In accordance with it, law acts as a limiter on the activities of the state mechanism.

The law determines the procedure for the activities of state bodies, their powers, and competence;

· the principle of legality - means the obligation for state bodies to strictly observe and implement laws, as well as the fact that bodies are created in strict accordance with the requirements of the law;

· the principle of democracy (democracy is the participation of the people in the formation and activities of state bodies, the ability of the people to influence the government);

· scientific principle. In organizing the activities of the state mechanism, the achievements of science (management, administrative law, psychology, economics) should be used;

· the principle of competence and professionalism (persons working in government agencies, must be professionally prepared for the work performed, have the appropriate education, and undergo training).

Please note that the principles under consideration are both principles of organization and principles of operation of a state body. They show how state bodies should be structured and how they should act. Therefore, the interpretation of each principle may be different depending on what the emphasis is on - the organization or the activities of the state body. For example, the most important principle of the organization and operation of the state mechanism is legality. Legality as a principle of organization of the state apparatus means that bodies are created only on the basis of legislative (or other regulatory) decisions; bodies are created in strict compliance with the procedure established by law for the formation of this body. For example, in case of violation of the legislation on the elections of the President or deputies State Duma these bodies will be illegitimate, their activities, as well as their powers, will be legally void, i.e. these bodies will not have the right to issue generally binding orders (as well as engage in other activities prescribed by law to these bodies). State bodies created in violation of the procedure for their creation are not such at all.

Legality as a principle of activity of state bodies means that:

· state bodies have the right to make only those decisions that are legally assigned to their competence (for example, only the Duma can legislate, only the court administers justice, etc.), i.e. bodies can act only within the limits of their competence;
· authorities have the right to issue only those legal acts that are prescribed to them by law (for example, the President can issue acts called decrees and orders; the State Duma can issue laws and regulations; judicial bodies - sentences, decisions, rulings; i.e. the court cannot issue a law, and the president cannot issue verdict - these acts are not within their competence);

· all decisions are made by state bodies in strict compliance with the procedure prescribed by law, otherwise these decisions will be invalid. For example, the Constitution and Rules of Procedure of the State Duma of the Russian Federation determine the procedure for adopting a law, the slightest deviation from which will lead to the fact that the adopted act will not be a law. Court decisions and sentences are again made as a result of following a number of procedures: investigative actions, indictment, trial, consisting of several stages...
As we can see, when characterizing each principle, points are highlighted that characterize it as a principle of organization of the state mechanism and as a principle of operation of the state mechanism.

State mechanism- is a system of state bodies designed to exercise state power, tasks and functions of the state. The mechanism of the state is that real organizational and material force, with which the state carries out this or that policy.

Dramatic changes occurring in economic, political and other spheres public life our country made significant amendments to the structure, content and nature of the activities of all government bodies. State life begins to be built on new principles ensuring more efficient functioning of the state mechanism. These include:

1) the principle of representing the interests of citizens at all levels of the state apparatus. It is ensured by a democratic electoral system, real guarantees of socio-economic, political and personal rights and freedoms of citizens, versatile activities of all government bodies aimed at satisfying the interests of the individual;

2) the principle of separation of powers(legislative, executive, judicial), which forms mechanisms that exclude arbitrariness on the part of government bodies and officials;

3) the principle of transparency and openness in the activities of the state apparatus. For example, the right of citizens of the state, through popular votes (referendums), to cancel decisions of any state bodies that are contrary to the interests of the people, incl. and in the field international relations;

4) high professionalism and competence of government agencies ans, their ability is high scientific level solve basic issues state life in the interests of the population of the country. The professional principle in public administration means, first of all, the use of qualified workers, for whom management activities is the main profession. Attracting people who do not have management skills to the public service, as our domestic practice of state building has shown, leads to negative consequences. These people, being good specialists in the field of industrial or agricultural production, in the public service, cannot perform the duties assigned to them with sufficient qualifications;

5) principle of legality, legal principles in the activities of all components of the state mechanism in their relationships with the population of the country and among themselves, as well as with various social movements and organizations;

6) the principle of democracy in the formation and activities of government bodies, allowing to take into account the diverse interests of the vast majority of citizens of the state, their religious views, characteristics national culture, traditions, customs;

7) in federal (union) states important principle organization and activities of the state apparatus is subordination and clear interaction between federal bodies (the center) and the state authorities of the federation members. In national federations, the most optimal division of competence between them is particularly important, since such a distinction ensures the independence of federation members in solving internal and external problems.

The principles in question here are the legislative starting principles, ideas and requirements that underlie the formation, organization and functioning of the mechanism (apparatus) of the state. They are divided into general principles relating to the mechanism of the state as a whole, and private principles, the effect of which extends only to some links of the state mechanism, individual bodies or groups of bodies.

As an example of a particular principle, we can refer to the principle of judicial proceedings provided for by the Constitution of the Russian Federation and federal procedural laws on the basis of adversarial and equal rights of the parties, enshrined in Federal law.“On the Prosecutor’s Office of the Russian Federation” ( new edition; Art. 4, clause 2) the principle of organization and activity of the prosecutor's office of the Russian Federation, according to which the prosecutor's office exercises powers in strict accordance with the laws in force in Russia, regardless of federal bodies state authorities, authorities of constituent entities of the Russian Federation, bodies local government, public

associations. Noteworthy is the fact that particular principles ultimately stem from general ones, specifying them in relation to the characteristics of individual parts of the state mechanism.

General principles, in turn, are usually divided into two groups. The first includes the principles enshrined in the Constitution of the Russian Federation, the second includes the principles formulated in the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation”, the federal constitutional laws “On the Judicial System of the Russian Federation”, the Constitutional Court of the Russian Federation”, the Federal Law “On the Prosecutor’s Office of the Russian Federation” (new edition), etc.

The first group covers constitutionally established principles of organization and operation of the state mechanism: democracy, humanism, federalism, separation of powers, legality.

The principle of democracy is manifested in the democratic organization of the state, the republican form of government, in which the bearer of sovereignty and the only source of power in the Russian Federation is the multinational people. The people exercise their power through various channels, including directly (for example, elections of the president and representative bodies of the state

Authorities) or through local governments. However, the main thing among the means of exercising the power of the people of the Russian Federation is the mechanism of the state represented by the bodies it unites.

(The principle of humanism in the formation and operation of the mechanism Russian state is based on the understanding that it is welfare state, whose policy is aimed at satisfying the spiritual and material needs of the individual, ensuring the well-being of the individual and society.

The Constitution of the Russian Federation in Article 2 for the first time declared in the foundations of the constitutional system: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the responsibility of the state.” This constitutional requirement is addressed to all state bodies without exception, to every civil servant. This provision marks a fundamental turn in the relationship between the citizen and the state. Of course, changes cannot happen overnight, but it is important that the Constitution guarantees a new main path for Russia's development.

The principle of separation of powers, according to which the state

Lasting is carried out on the basis of division into legislative,

supplementary and judicial, provides for the independence of bodies belonging to various branches of government (Article 10 of the Constitution of the Russian Federation), their ability to provide a mechanism of checks and balances in relation to each other in order to prevent excessive strengthening and elevation of any one branch of government, to prevent anyone from seizing power or appropriating power, or establishing a dictatorship. This principle is, as noted, a system-forming factor in the mechanism of the modern Russian state.

The principle of federalism in the formation and operation of the state mechanism is determined by the fact that Russian Federation consists of equal subjects, which are republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts.

In relations with federal authorities, the constituent entities of the Russian Federation have equal rights among themselves.

According to Article 11 (clause 3) of the Russian Constitution, the delimitation of jurisdiction and powers between government bodies of the Russian Federation and government bodies of its subjects is carried out by this Constitution, federal and other agreements on the delimitation of jurisdiction and powers. Accordingly, as stated in Article 77 (clause 2) of the Constitution, within the jurisdiction of the Russian Federation and its powers on subjects of joint jurisdiction of the Russian Federation and its subjects, federal bodies executive power and executive authorities of the subjects of the Federation form unified system executive power in the Russian Federation.

The principle of legality lies in the universality of the requirement to comply with and implement laws. According to Article 15 (clause 2) of the Constitution of the Russian Federation, state authorities and officials, as well as local government bodies, citizens and their associations, are obliged to comply with the Constitution and laws of Russia.

In relation to the organization and activities of the mechanism of the Russian state, this principle contains the following requirements:

the supremacy of law and the direct effect of constitutionally enshrined rights and freedoms of man and citizen; implementation of all government power functions solely on the basis of laws and relevant by-laws; special responsibility of state bodies and civil servants for ensuring the rule of law, the rights and freedoms of citizens, guarantees against unjustified prosecution or illegal deprivation of certain benefits; resolute suppression of any violations of the law, from

no matter who they come from, the inevitability of responsibility for the crimes committed and other offenses.

The considered general principles of organization and activity of the state mechanism, expressed in the Constitution of the Russian Federation, receive their reinforcement, development and specification in the second group of principles enshrined in federal constitutional laws and federal laws. This group received a complex expression in the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation.”

Along with confirming the constitutional principle of separation of legislative, executive and judicial powers, this legal act The following principles have been formulated or specified:

The supremacy of the Constitution of the Russian Federation and federal laws over other legal acts, job descriptions when performed by civil servants job responsibilities and ensuring their rights;

* priority of human and civil rights and freedoms, their direct effect; the duty of civil servants to recognize, respect and protect the rights and freedoms of man and citizen;

equal access of citizens to public service in accordance with abilities and professional training;

mandatory for civil servants decisions made by higher government bodies and managers within the limits of their powers and on the basis of the legislation of the Russian Federation;

professionalism and competence of civil servants;

transparency in the implementation of public service; responsibility of employees for decisions made, failure to fulfill or improper performance of their official duties;

non-partisanship of the civil service; separation of religious associations from the state;

and some others.

These principles should also include the combination of collegiality and unity of command, the economy of public service. The implementation of the last principle is especially important in modern conditions the existence of an overgrown, expensive administrative apparatus.

I The principles listed above for the formation and operation of the state mechanism as a system of state bodies, distributed

viewed in interrelation and interaction, give the mechanism of the state the focus, unity and integrity necessary for its successful functioning.

Principles of organization and operation of the mechanism of modern democratic state

The principles of organization and operation of the state mechanism are those guiding ideas that express the socio-political essence and purpose of the specified mechanism and underlie its formation and functioning. Being enshrined in the Constitution and other sources of law, these principles acquire legal significance and act as the most important legal requirements that the organization and activities of the state mechanism must comply with.

It must be borne in mind that the principles of organization and operation of the state mechanism differ significantly among different states depending on their historical type, features of the political regime, specific form government structure and similar factors. So, for example, the principles of organization and activity are inherent in the mechanism of democratic and totalitarian, feudal and bourgeois, unitary and federal state. Therefore, in this chapter we will talk only about the principles of organization and activity of the state mechanism in modern democratic society.

Traditionally, these principles are divided into general (i.e., those that are characteristic of the state apparatus as a whole) and private (which are specific to individual species state bodies).

Among general principles, in turn, one should highlight those that express the socio-political essence of the mechanism of the state in a democratic society and the features of its state structure (democracy, legality, humanism, professionalism, separation of powers, federalism), and those that have predominantly organizational significance, are characteristic for any state, because they express, so to speak, the technology of organization and activity of the state apparatus (subordination and coordination, a combination of collegiality and unity of command, and some others).

Among the leading principles of the organization and operation of the mechanism of a modern democratic state are: democracy, legality, humanism, separation of powers, professionalism, federalism (taking into account the specifics of the Russian state), as well as a combination of collegial and individual principles, subordination and coordination and some others.

1. Democracy. In its broadest meaning, democracy means a special regime of socio-political life, which is characterized by the widespread involvement of all citizens of the state, all the people, in governing the state. In a democratic society, the people are recognized as the source of state power, the sovereign. Therefore, this principle can also be called democracy. All citizens are recognized as full subjects political relations and can, both directly and through their representatives, participate in the formation of government bodies, determine their structure, tasks, functions, etc. As a principle of organization and activity of the state mechanism, democracy requires, firstly, that the said mechanism, first of all, higher authorities state power, was formed directly by citizens or their representatives; secondly, so that its activities express the will and interests of all citizens of the state, or at least the majority of them; thirdly, so that it is carried out openly and publicly, and is controlled by society (the people).

In the Russian Federation, the principle of democracy is enshrined as a fundamental constitutional provision in a number of articles. In particular, in Art. 1 of the Constitution proclaims that Russia is a democratic state. In Art. 3 stipulates that the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people, who exercise their power directly, through a referendum and free elections, as well as through state authorities and local governments.

2. Legality- this is a requirement for strict and unwavering compliance with laws by all subjects of law. In the activities of the state mechanism, the principle of legality has special meaning, since this mechanism is a guarantor of compliance with legal norms by all subjects of law, it is entrusted with the task of strengthening the rule of law and order in society, ensuring individual rights and freedoms. In relation to the activities of the state mechanism, legality is not only one of the guiding ideas, but also the most important method government controlled society, which reflects the special place of law, legal means in the mechanism of implementation political power.

Legality first of all requires that the formation procedure, structure and powers of state bodies strictly comply with the Constitution and other laws. From the standpoint of legality, it is unacceptable to create bodies that are not provided for by law and to vest them with any special, extraordinary powers. “Only that which is directly provided for by law is permitted,” this is the requirement for the functioning of the state mechanism in a legal, democratic society. This provision significantly limits the possibilities of arbitrariness on the part of power structures, placing them in a subordinate position to the law.

The principle of legality underlies the law-making and law enforcement activities of the state. In the first case we're talking about that law-making activities must be carried out in accordance with the established procedure and within the framework of the powers granted to the subject (formal aspect), and the adopted regulations must comply with the Constitution and other fundamental laws of the state, norms international law, rights and freedoms of the individual (substantive aspect). In the field of law enforcement, state bodies and officials are obliged to comply with existing legal norms and ensure that other entities public relations acted in accordance with their instructions.

The principle of legality is enshrined in the Constitution of the Russian Federation (Article 15) and other legal acts.

3. Humanism- is a set of views expressing respect for human dignity and rights, concern for the welfare of people, their comprehensive development, about creating favorable living conditions for humans. As an established ideological movement, humanism emerged during the Renaissance (15th - 16th centuries) and had a huge influence on the formation of such values ​​as freedom, equality, recognition of the intrinsic value of each individual, etc. From the point of view of this principle, all public policy, the activities of all parts of the state mechanism should be aimed at ensuring individual rights and freedoms, human security, and creating conditions that ensure a decent existence for people. The basic idea of ​​humanism is this: man is an end, not a means. Consequently, no inhumane policy can be justified, for example, by the needs of building communism, the costs market economy etc. Any socially significant decision of the government must be assessed from the point of view of its compliance with the interests of the individual, those fundamental human rights and freedoms that are enshrined in the Constitution and recognized by international law. In modern conditions of development of Russian statehood, when the most important humanistic values ​​have found their constitutional recognition (Article 2 of the Constitution of the Russian Federation), the most acute problem is their practical implementation.

4. Separation of powers - Historically, the idea of ​​separation of powers grew out of the experience of absolutist forms of government and was aimed, first of all, at limiting arbitrariness and abuse by political power. Justifying the unique division of managerial labor, she also became theoretical basis to form more effective forms government in changed socio-economic, political and spiritual conditions. This principle means that various state bodies are entrusted with performing different functions in governing the state: parliament - to pass laws, the government - to ensure their implementation throughout the state, courts - to monitor compliance with laws and bring violators to justice. In accordance with this principle (Constitution of the Russian Federation, Article 10), each branch of state power (legislative, executive, judicial) is vested with a strictly defined range of powers and does not have the right to arbitrarily interfere with the jurisdiction of other authorities. At the same time, powers are delimited in such a way that they allow mutual control and restraint of state bodies of each other. That is, a so-called system of checks and balances is created. For example, in accordance with the principle of separation of powers, the president cannot pass laws, but has the right to impose a suspensive veto on laws passed by parliament. Parliament, for its part, can override the president’s veto, but this requires a qualified majority of votes, which means that the adoption procedure becomes more complicated. The legislative possibilities of parliament are also not unlimited. They are significantly limited by the Constitution itself, which determines the competence of parliament, as well as by the norms and principles of international law. In addition, in cases provided for by the Constitution and other laws, the Constitutional Court may recognize a law adopted by parliament as unconstitutional and deprive it of legal force, which also has a significant restraining effect on the legislative body.

5. Professionalism- includes two main aspects: firstly, it means that members of society engaged in the field of public administration work in government bodies on a permanent basis, that is, this activity is their main profession; secondly, that according to their moral, psychological and business qualities, according to their experience and knowledge, they can perform the functions assigned to them in the state apparatus. In a democratic society, all citizens are given equal access to public service, and the main selection criteria are their business, moral and psychological qualities, education, experience, etc., and not social origin, connections, property status, etc.

Both aspects are important and, as a rule, find their legal recognition in the relevant regulations. In particular, the Constitution of the Russian Federation (Article 97, paragraph 3), enshrines the provision that deputies of the State Duma work on a professional permanent basis, prohibits them from being in the public service or combining their activities with other paid work, except for teaching, scientific or other creative activity. As for the business qualities of persons employed in the civil service, their qualifications, etc., here too the legislator establishes a certain minimum of requirements that an applicant for a public position must meet. For example, only a citizen who, in particular, has a higher legal education and work experience in the legal profession for at least five years can be a judge. Such requirements are necessary legal prerequisites, which, in combination with other factors, ensure the implementation of the principle of professionalism in the organization and activities of the state mechanism.

6. Federalism- this principle is specific to states with a federal form of structure. At its core, this principle means that a single state power is divided into two levels - federal and local (federal subjects), with the leading role federal center. The nature of the relationship between these authorities, as well as the scope of their jurisdiction and powers, are determined by the Constitution, other laws and treaties.

7. C coordination and coordination - express the systemic integrity of this apparatus and are necessary prerequisites for its effective functioning. The principle of subordination presupposes the subordination of lower bodies and state officials to higher ones, their obligation to carry out the orders of the latter and be responsible to them for the quality and timeliness of their execution. Coordination is a necessary organizational condition for the coordinated functioning of various parts of the state apparatus, ensuring their interaction in solving common national problems. For example, the effective implementation by the state economic reforms, or security measures environment, protection of individual rights from criminal attacks, etc., require, as a rule, the coordinated, joint participation of all government bodies - legislative, executive, and judicial.

8. C combination of collegial and individual principles . This combination occurs both in bodies operating primarily on a collegial basis, and in bodies characterized by unity of command. For example, the Government of the Russian Federation acts as a collegial body, but at the same time, a number of issues are resolved by the Chairman of the Government individually. On the other hand, let's say, the Prosecutor's Office of the Russian Federation is an example of a government body whose activities are based on the principles of unity of command. However, there are also elements of collegiality here. So, in particular, in the prosecutor's office there are collegiums, which are advisory bodies and, on the basis of their decisions, the relevant prosecutors issue their orders. The combination of these principles in the activities of the state apparatus increases its efficiency.

Improvement legal framework organization and activity of the state mechanism is one of the urgent tasks of modern Russia.

Principles are understood as the fundamental, guiding ideas and principles in accordance with which the GM is formed and its bodies function. These principles are quite diverse and can be classified.

According to the form of their normative consolidation:

1. Constitutional – find their direct and immediate enshrinement in the Constitution:

Legality. The main imperative of the principle of legality is enshrined in Part 2 of Art. 15; Legality is expressed in addressing all government bodies and their officials the unconditional requirement of strict, precise, unwavering and unwavering compliance with the laws. The principle of legality contains requirements such as:

– the supremacy of law and the direct effect of constitutionally enshrined rights and freedoms of man and citizen;

– implementation of all government functions solely on the basis of laws;

– special responsibility of state bodies and civil servants for ensuring the rule of law;

– decisive suppression of any violations of the law, inevitability of responsibility for crimes committed and other offenses.

· Democracy. Enshrined in Art. 3 – the only source of power is the multinational people of Russia; The principle of democracy presupposes, first of all, the broad and active participation of the people in the formation and activities of the bodies of the state apparatus, in the exercise of state power. Democracy ensures equal opportunities, taking into account personal qualities person to participate in government. Citizens of the Russian Federation have the right to elect and be elected to the OGV and local self-government bodies.

· Separation of powers. Art. 10 – the main imperative. This principle is also revealed in other articles of the Constitution - unified state power is exercised on the basis of division into relatively independent branches: legislative, executive, judicial. The implementation of the principle of separation of powers is ensured by the operation of a “system of checks and balances”.

· Unity of state power. Art. 3;

· Common goals and objectives of the Civil War. In order to prevent usurpation, it is divided into 3 independent branches, but we cannot talk about their independence;

· The principle of humanism. Art. 2 – recognition of a person, his rights and freedoms are the highest value, Art. 7;

· The principle of federalism. Art. 5 and ch. 3; The Constitution of the Russian Federation in parts 2 and 4 of Art. 5 proclaims that the Russian Federation consists of equal subjects, which in relations with federal authorities are equal to each other. The relationship between federal government bodies and bodies of the constituent entities of the federation should be built on the basis of a strict distribution of jurisdiction and powers between them.

· The principle of equal access to public service, part 4 art. 32; Upon admission to public service Any discrimination on political, national, racial, religious and other social grounds is unacceptable. The only selection criteria should be education, age, professionalism, competence, and business qualities.

· The principle of publicity

2. Extra-constitutional - enshrined in other Federal Laws, such as “On the State System. services”, “On the state civil service”, “On political parties”... We are talking about detailing and concretizing the provisions of constitutional principles

· Professionalism– GS is carried out on a professional basis. Employees receive remuneration from state budget. Competence – relevant skills, abilities;

· Non-partisanship of the HS– primary organizations cannot be created in civil society bodies political parties. In the exercise of their powers, the state employees cannot be bound by decisions of party/other associations of which they are members;

· Responsibility within the limits of competence- OGV, state employees must bear responsibility within the limits determined by their competence;

· The combination of linear and functional principles in the formation and functioning of GM– in the formation there are 2 models for constructing the activities of organs. Linear model: a lower body is subordinate to only one directly superior authority on all issues of its activities. Functional model: a subordinate body for each of its areas of activity is subordinate to a separate, directly superior authority.

Advantages of the linear model: direct regulation, efficiency, personalization of responsibility; disadvantages: subjectivity in decision making, lack of internal control, incompetence of S.

Disadvantages of the functional model: the possibility of giving conflicting instructions, dilution of responsibility.

· Combination of sectoral and territorial principles in the implementation of civil war– granting the right to S to carry out civil war in territorial specifics;

· Implementation of civil war on the basis of collegiality and unity of command. Collegial system - decisions are made collectively through discussion or voting. Unity of command - the body is headed by a sole leader. Many single-managerial bodies have collegiums;

· Scientific knowledge in the organization and implementation of GW– must be carried out on a strictly scientific basis, taking into account the objective laws of natural development.

By breadth of action:

1. Are common– cover the entire GM system;

2. Special– extend their effect to certain GM systems/subsystems.