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. In relation to the modern state, the following principles of organization and operation of the state mechanism can be named:

The modern state and state apparatus are built on principles that have the following requirements:

1) normativity, which means enshrined in legislation (direct or indirect) and mandatory when creating government bodies;

2) consistency, i.e. the presence of several mutually exclusive principles is not allowed;

3) completeness, in accordance with it the preliminary establishment of the most important conditions formation and implementation of activities of government bodies;

4) independence, the possibility of duplicating several principles is not allowed.

There are also two groups of principles of organization and activity of the state apparatus: general and private.

General principles apply to the entire state mechanism and are divided into socio-political and organizational ones.

The socio-political principles, in turn, include:

1) separation of powers. There are three branches of government: legislative, executive and judicial;

2) democracy. Democracy (Greek demos - people, kratos - power) - democracy. In accordance with the principle, all citizens are given the same opportunity to influence policy and exercise control over existing government bodies;

3) publicity. The content of this principle includes the need for sufficient awareness of society, which provides for constant and systematic coverage of the activities of public authorities by means of mass media, as well as the right of everyone to receive information that directly concerns his legitimate rights and interests;

4) legality - strict and strict compliance by all government bodies with legal regulations and laws;

5) professionalism and competence. This principle requires the mandatory presence of knowledge and skills, a scientific approach to management activities, which are very complex and specific;

6) humanism – a principle that is designed to ensure the priority of the rights and interests of the individual and citizen in the implementation of activities by the state apparatus;

7) national equality, according to which any person, regardless of nationality, race, religion, etc., is given the opportunity to hold a public office, and on equal terms;

8) federalism is a principle that establishes the equality of state bodies of state subjects with general federal government bodies.

Organizational principles include:

1) hierarchy; 2) differentiation and legislative consolidation of functions and powers; 3) responsibility of state bodies for the decisions they make, as well as for non-execution or dishonest execution job responsibilities in the scope of the provided powers; 4) a combination of collegiality and unity of command in decision making; 5) the ratio of sectoral and territorial principles of management.

Particular principles of the organization and activity of the state apparatus are those that have an effect only on individual organs of the state mechanism.

31. The concept and elements of the form of the state.

State form- organization of the highest state power and territorial organization state, the content of which is determined by the essence and political regime of this state

The following factors may influence the form of the state:

1) socio-economic, cultural;

2) historical, national and religious traditions;

3) natural and climatic conditions;

4) alignment of political forces, etc.

To have a more complete understanding of the form of a particular state, it is necessary to analyze it structural elements:

1) form of government - organization of the highest state bodies, the procedure for their formation, structure, powers, interaction with the population, as well as with each other. Main forms of government: monarchy and republic;

2) form of government - reflects the political-territorial organization of state power, determines the relationship between central and local authorities. According to the form of structure, states are divided into unitary, federal, confederal;

3) state-legal (political) regime - is a set of techniques, methods, methods, and means of exercising power. The main types of political regimes: authoritarian, democratic, totalitarian.

Thus, the form of the state determines:

1) the procedure for forming government bodies;

2) the structure of government bodies;

3) the peculiarity of the territorial independence of the population;

4) the nature of the relationship between government bodies and each other;

5) the specifics of relations between government bodies and the population;

6) techniques, methods, methods of exercising political power.

32. Form of government– legal characteristics of the state, determining the conditions of formation and the structure of the highest authorities, as well as the distribution of powers between them

Monarchy is a form of government in which:

1) the highest state power is concentrated in the hands of one monarch (king, czar, emperor, sultan, etc.); 2) power is inherited by a representative of the ruling dynasty and is exercised for life; 3) the monarch exercises the functions of both the head of state and the legislative and executive powers, and controls justice.

The monarchical form of government takes place in a number of countries around the world (Great Britain, the Netherlands, Japan, etc.).

Monarchies can be of two types:

1) absolute - the supreme power by law belongs entirely to the monarch. The main feature of an absolute monarchy is the absence of government bodies that limit the power of the ruler;

2) limited – can be constitutional, parliamentary and dualistic.

A constitutional monarchy is one in which there is a representative body that significantly limits the power of the monarch. Most often, this restriction is implemented by the constitution, which is approved by parliament.

Signs of a parliamentary monarchy:

1) the government is formed from representatives of parties (or parties) that received a majority in parliamentary elections;

2) in the legislative, executive and judicial spheres, the power of the monarch is practically absent (it is symbolic in nature).

Under a dualistic monarchy:

1) state power is both legally and in practice divided between the government, which is formed by the monarch and parliament;

2) the government, unlike a parliamentary monarchy, does not depend on the party composition of parliament and is not responsible to it.

The republican form of government is the most common in modern states. Its main forms are presidential and parliamentary republics.

In a presidential republic:

1) the president has significant powers and is simultaneously the head of state and government;

2) the government is formed extra-parliamentarily;

3) strict separation of powers into legislative, executive and judicial. The main feature of this division is the greater independence of state bodies in relation to each other.

This form of government exists, for example, in the USA. The Russian Federation can also be classified as a presidential republic.

IN parliamentary republic:

1) the government is formed on a parliamentary basis and is responsible to it;

2) the head of state performs representative functions, although according to the constitution his powers can be extensive;

3) the government occupies the main place in the state mechanism and governs the country;

4) the president is elected by parliament and exercises his power with the approval of the government.

There are also mixed, hybrid forms of government - semi-presidential, semi-parliamentary republics.

33. The Russian Federation, in accordance with the Constitution (Article 1), is a democratic federal legal state with a republican form of government.

As a result, we can identify the characteristic features political system Russian state:

1) democracy; 2) federalism; 3) republican form of government; 4) separation of powers; 5) political, ideological diversity; 6) recognition and guarantee by the Basic Law of the state of local self-government; 7) state sovereignty, the bearer of which is a multinational people Russian Federation; 8) rule of law; 9) social nature, in accordance with it, state policy is focused on creating conditions that provide a person with a decent life and free development.

The Russian Federation is a semi-presidential republic.

In terms of its state structure, the Russian state is a federation, which is built on the following characteristic features of federalism:

1) voluntary entry into the Federation of Subjects of the Russian Federation; 2) equality of the subjects of the Russian Federation; 3) self-determination of peoples, nations and nationalities; 4) state integrity; 5) delimitation of powers between the federal bodies of state power of the Russian Federation and the authorities of the constituent entities of the Russian Federation, etc.

The state-legal regime of the Russian Federation is a democratic regime

34. According to the form of government, states are divided into monarchies (sole, hereditary) and republics (collegial, elective). Monarchy (from Greek - autocracy) as a form of government is characterized by the following features:

The existence of a single head of state (king, emperor, emir, etc.), who exercises his power indefinitely (for life);

The transfer of power is usually carried out according to the principle of inheritance;

The monarch represents the state by his own right, not derived from the power of the people (most often, when justifying this position, the divine origin of the monarch is emphasized);

The monarch is a legally irresponsible person and is not responsible for decisions made on his own behalf.

The presented characteristics are most fully expressed in unlimited (absolute) monarchies. This form of government was characteristic of the countries of the Ancient East (Egypt, Babylon, Assyria, etc.); Russia XVII-XIX centuries; France before the revolution of 1789. In the present period, absolute monarchies have been preserved in the Arabian states - Oman, Bahrain, Kuwait, etc.

In limited monarchies, the power of the monarch is limited by an elected body - parliament or a special legal act - the constitution. In most limited monarchies, there is a combination of both ways of limiting the power of the monarch - the constitution and parliament. Monarchies limited in this way are usually called constitutional (parliamentary).

A constitutional (parliamentary) monarchy is characterized by the following main features:

The government is formed from representatives of the parties that received a majority in parliamentary elections;

The leader of the party that receives the majority of parliamentary seats becomes the head of government;

The monarch's power is symbolic - he "reigns" but does not rule;

The government is accountable in its activities to parliament.

The majority of monarchical states are currently constitutional (parliamentary) monarchies: Great Britain, Spain, Denmark, the Netherlands, Belgium, Sweden, Japan, Thailand, etc. However, both in constitution and especially in practice, the forms of government in these countries are different. For example, monarchs in Japan, Sweden, Norway and some other countries are deprived of any independent powers, remaining in most cases only a symbol of the unity of the nation. Some of them do not even formally appoint the government: it is elected by parliament. In other countries, the monarch not only formally certifies the appointment of the government, but also plays a certain independent role by appointing a government shaper (usually the future prime minister). Moreover, if the formator’s attempt to form a government is unsuccessful, the monarch can replace him with another candidate. The “enhanced” status of the monarch is characteristic of those countries where several parties are represented in parliament, none of which has an absolute majority, or the parties cannot form a majority coalition. In such conditions, the monarch can create a short-term minority government, the purpose of which is only to organize the elections of a new parliament.

35. Presidential republics (USA, France, Philippines) are characterized by the concentration of the greatest amount of power in the head of state - the President. Signs of a presidential republic:

The President is elected through popular elections;

The president either directly heads the executive branch and forms the government, or appoints the chairman of the government (prime minister) and approves the composition of the government represented by the prime minister;

The government is responsible to the president and acts during the presidential term;

The President has the sole right to dismiss the government;

The relationship between the president and the representative body of the legislative branch (parliament) is built on the principle of separation of powers and a system of checks and balances. In particular, legislative power in the Russian Federation is exercised by the bicameral Federal Assembly (the State Duma develops and passes laws, the Federation Council approves them). However, the law cannot come into force without the signature of the President. If the law is not signed (vetoed), the document is returned to the State Duma (system of checks). At the same time, if a qualified majority (2/3) of representatives of both chambers of the Federal Assembly votes in support of the rejection of the law during the second vote, the veto is considered overridden, and in this case the President is obliged to sign the law and submit it for publication in the media (system counterweights).

36. Parliamentary republics (Italy, Germany) are characterized by the concentration of the greatest powers of power in the parliament. Signs of a parliamentary republic:

The president is elected from among members of parliament or by a special parliamentary commission;

The government is formed from members of parliament and is headed by the leader of the parliamentary majority party;

The government is responsible to parliament and acts during the term of parliament;

In the event of a declaration of “no confidence in the government” by parliament, the president is obliged to decide to dismiss the government.

37. Form of government– a territorial-political organization that covers the principles and mechanism of the relationship between the state as a whole and the territories that form it

Depending on the form of government, simple and complex states are distinguished.

Simple (unitary) states are unified and centralized states that consist of administrative-territorial units that are completely subordinate to the central authorities and do not have signs of statehood. They do not have political independence, but in the economic, social, and cultural spheres, as a rule, they are endowed with great powers. Such states, in particular, are France, Norway, etc.

Signs of a unitary state: 1) unity and sovereignty; 2) administrative units do not have political independence; 3) a single, centralized state apparatus; 4) a unified legislative system; 5) unified tax system.

3) mixed;

Complex states are those that consist of state entities with varying degrees of state sovereignty. You can select the following types complex states: 1) federation; 2) confederation; 3) empire.

A federation is a union of several independent states into one state. Such states, in particular, are the United States and the Russian Federation.

Signs of a federation:

1) the presence of independence among the subjects of the state;

2) union state;

3) functioning, along with general federal legislation, of the legislation of the constituent entities of the federation;

4) two-channel tax payment system.

Depending on the principle of formation of subjects, there are the following types of federations:

1) national-state;

2) administrative-territorial;

3) mixed.

Depending on the legal basis, federations are distinguished:

1) contractual;

2) constitutional.

The Confederation is interstate associations or temporary legal unions of sovereign states that are created to solve political, social, economic problems.

Unlike a federation, a confederation is characterized by:

1) lack of sovereignty, unified legislation, unified monetary system, unified citizenship;

2) joint resolution by the subjects of the confederation of common issues for the implementation of which they united;

3) voluntary secession from the state and the abolition of general confederal laws and regulations (which are advisory in nature) on its territory.

An empire is a state that is formed as a result of the conquest of foreign lands, the constituent parts of which have varying degrees of dependence on the supreme power

38. Unitary (simple) states (Great Britain, Japan, Finland) are united states, in which state power is centralized and indivisible. Signs of a unitary state: 1) unity and sovereignty; 2) administrative units do not have political independence; 3) a single, centralized state apparatus; 4) a unified legislative system; 5) unified tax system.

Depending on the method of exercising control, the following types of simple (unitary) state can be distinguished:

1) centralized (local authorities are formed from representatives of the center);

2) decentralized, where elected bodies of local self-government function;

3) mixed;

4) regional, which consist of political autonomies with their own representative bodies and administration.

In decentralized unitary states, local governments are elected by the residents of the relevant territory. In centralized states, heads of local administrations are appointed “from above” by acts of state power.

Along with administrative-territorial units, unitary states can include autonomous entities, the creation of which takes into account the characteristics of culture, history, traditions, and the way of life of the population living in them (Corsica in France, Iraqi Kurdistan, etc.).

39. The Federation is a voluntary association of several previously independent states. formations into one union state. The federal government structure is heterogeneous. IN various countries it has its own unique features, which are determined by the historical conditions of the formation of a particular federation and, above all, by the national composition of the country’s population, the uniqueness of the culture and way of life of the peoples included in the union state. At the same time, we can highlight the most common features that are characteristic of most federal states.

The territory of the federation consists of the territories of its individual subjects: states, lands, republics, etc.; In a union state, the supreme and legislative, judicial and executive powers belong to federal government agencies; The competence between the Federation and its subjects is delimited by the federal Constitution; Subjects of the federation have the right to adopt their own Constitution, have their own supreme legislative, executive and judicial bodies; In most federations there is a single union citizenship and citizenship of federal units; Under the federal state the structure of the parliament has a chamber representing the interests of members of the federation (in the Russian Federation - the Federation Council, which includes 2 representatives from each subject, one each from the executive and legislative branches); The main national foreign policy activities in the Federations are carried out by union government agencies. They officially represent the Federation in interstate relations (for example, USA, Brazil)

Federations are built along territorial and national lines, which largely determine the nature, content and structure of the state. devices. Territorial federation characterized by significant restrictions on government sovereignty of the subjects of the federation.

National Federations- more complex government system. They have a number of significant features, cat. are caused by the multinational composition of the population that lives on the territory of the individual states that form the Federation.

Thus, the main difference between a territorial and a national federation lies in the different degrees of sovereignty of their subjects. The central government in territorial federations has supremacy over the highest government bodies of the federation members. The NF is limited by the sovereignty of the national. state formations.

Union State is a federation based on a contractual territorial basis, and a union of states is a federal association nation states, which has both state and national sovereignty. In the Russian Federation, signs of both territorial and national are combined. federation. In accordance with which, the Russian Federation consists of republics, territories, regions, cities of federal significance, autonomous regions, autonomous okrugs– equal subjects of the Russian Federation. The federal structure of the Russian Federation is based on its state. integrity, unity of the state system. authorities delimitation of jurisdiction and powers between federal state bodies. authorities and government bodies. power of subjects, equality and self-determination of peoples.

40. is a set of interacting state and non-state organizations that are interconnected by norms and relations of a political and legal nature.

Politic system has the following structure:

1) subjects of the political system;

2) political consciousness - theories, beliefs that determine the implementation of political activity;

3) political relations that arise between subjects in the process of exercising state power;

4) political activity aimed at the functioning and development of the political system;

5) political and legal norms, rules of behavior that regulate the most important relationships in the process of organizing and exercising political power;

6) political culture, which is a system of values ​​used to regulate functioning within the system.

Functions of the political system: 1) development of goals for the development of society, planning; 2) definition strategic development society; 3) political integration of society; 4) regulation of political processes; 5) respect for the interests of different social groups of society; 6) creating a unified influence on socially important relationships.

41 The state occupies a central, leading position in the political system of society, since it:

Acts as the only official representative all the people;

Is the sole bearer of sovereignty;

Has a special apparatus ( public authority), intended for the management of society;

Has power structures (armed forces, militia (police), security service, etc.);

As a rule, it has a monopoly on lawmaking;

Has a specific set material assets (state property, budget, currency);

Determines the main directions of development of society;

Performs general social functions, etc.

The state not only acts as an independent subject of politics, but is also called upon to regulate the behavior of other subjects of political relations, having very broad powers in this area:

May be established by law legal regime organization and functioning of all other political subjects - political parties, movements, pressure groups, etc.

Registers them with the relevant authorities and involves them in participation in public and government affairs.

Can exercise supervision over the legality of the activities of all other political subjects and apply enforcement measures for relevant offenses.

42. Public association- is a voluntary, self-governing, non-profit formation created on the initiative of citizens united on the basis of common interests to achieve common goals specified in the charter of the public association (statutory goals).

Regardless of the organizational and legal form and type of public association, they are all formed and operate on the basis of the same principles:

* Voluntariness,

* Equality,

* Self management,

* Legality.

The state occupies a central place in the political system of society, but in addition to the state it includes numerous public associations ( political parties, trade unions, religious, women's and other organizations). Role public associations in the political system is determined by the fact that they express the interests of various social groups. By influencing the state through certain political mechanisms, public associations contribute to the satisfaction of these interests through the use of state power. This is especially true for political parties, which, while expressing the interests certain groups population, their goal is to obtain state power or otherwise influence it. Political Party, By participating in parliamentary, presidential and other elections, he receives one or another amount of state power. Thus, through the mechanism of state power, it gets the opportunity, within its competence, to implement its election program, that is, it contributes to meeting the needs and interests of the social groups it represents. Active interaction between the state and political organizations promotes the involvement of the population in solving public problems, makes public policy more effective. State suppression of political organizations can lead to the loss of communication between the supreme power and the people, bureaucratization of the state apparatus, and a decrease in the effectiveness of state power. Political system of society- is an integral, ordered set of political organizations, principles, norms, means, methods that ensure the functioning of political power. Political Party Socio-political movement- this is the most active part of society, designed to express the interests of certain social groups of citizens and aimed at achieving any significant political goal. Socio-political movements differ from political parties in that that the social base of movements is broader and amorphous; socio-political movements, as a rule, adhere to only one political concept and strive to solve one major political problem.

Interaction between the state and public associations is expressed in the fact that the state ensures the implementation of citizens' right to association, ensures compliance with the rights and legitimate interests of public associations, supports and, on the other hand, controls their activities.

43. Political Party- this is the most active and organized part of a social group or class, expressing their interests, bound by an ideological community and fighting for political power.

Functions of political parties:

1. Theoretical function:

· analysis of the state and theoretical assessment of the prospects for the development of society;

· identifying the interests of different social groups of society;

· development of strategy and tactics for the struggle for the renewal of society;

2. Ideological function:

· dissemination among the masses and defending one’s worldview and moral values;

· Promoting your goals and policies;

· attracting citizens to the side and into the ranks of the party;

3. Political function:

· struggle for power;

· participation in internal and foreign policy(development, formation, implementation);

· performance election programs

4. Organizational function:

· implementation of software installations and solutions;

· conducting election campaigns;

· selection of candidates for elected positions, personnel for nomination to the government, central and local leadership.

Classification of political parties:

1) according to the ideological foundations of their activities: doctrinal (focused on protecting their ideology), pragmatic (focused on the practical expediency of actions) and charismatic (united around a specific political leader);

2) according to the social orientation of the program and activities: social-democratic, liberal-democratic, communist, class, nationalist, racial, fascist, religious, state-patriotic, folk, etc.;

3) by methods of program implementation: revolutionary (aimed at a radical qualitative transformation of society) and reformist (seeking to improve the quality of public life without structural fundamental changes);

4) by the nature of political actions: reactionary, conservative, moderate, radical, extremist;

5) by place in the political spectrum: left, center and right;

6) by representation in the highest bodies of state power and attitude to official politics: ruling and opposition (which, due to their legal status, can be divided into legal, semi-legal and illegal);

7) according to the style of communication between party leaders and ordinary members - democratic and anti-democratic;

8) by the nature of membership: personnel (characterized by a small number, free membership, organizational instability) and mass (seeking to involve as many people as possible into their ranks) larger number members, strengthen connections, strengthen structure);

9) by organizational structure: parliamentary (territorial committees act as primary formations), laborist (which are a type of parliamentary parties, allowing collective membership, including labor collectives) and avant-garde (acting on the principles of democratic centralism and territorial production association of their members), etc.;

10) according to the interests of individual classes and social groups (workers, peasants, bourgeois, intelligentsia).

There are close ties between political parties and the state and various forms of interaction. So, both the state and political parties - political organizations. They are directly related to the concept of state power: only the state directly exercises state power, and parties set the goal of coming to state power. At the same time, they retain great autonomy in relation to each other. But under a totalitarian regime, a merger of the state apparatus and the party apparatus often occurs, and one party is not only the ruling one, but also the state one.

The forms of interaction between the state and parties are as follows.

1. Participation in the formation of elected representative bodies of state power.

2. Participation in the formation of the state’s political course is determined by the party’s interest in pursuing a policy that is beneficial for the party and its supporters

3. Influence on the process of lawmaking, lawmaking of executive bodies and law enforcement activities of state bodies.

4. Control over government bodies and the process of governing the country; various ways are also used here, including public opinion.

44. Constitutional state- a form of organization and activity of state power that is based on legal law and is built in relationships with individuals and their associations on the basis of legal norms.

The rule of law is one of the significant achievements of human civilization. Its fundamental qualities are:

1) recognition and protection of human and civil rights and freedoms;

2) the rule of law;

3) organization and functioning of sovereign state power based on the principle of separation of powers.

Signs of the rule of law:

Limitation of state power by the rights and freedoms of man and citizen (the government recognizes the inalienable rights of a citizen);

The rule of law in all spheres of public life;

Constitutional and legal regulation of the principle of separation of powers into legislative, executive and judicial;

The presence of a developed civil society;

Legal form of relationship (mutual rights and obligations, mutual responsibility) of the state and citizen;

The rule of law in the legal system;

Compliance of domestic legislation with generally accepted norms and principles of international law;

Direct effect of the constitution.

The Constitution of the Russian Federation sets the task of building a rule of law state (Article 1) and enshrines all the fundamental principles of legal statehood.

Specific (enshrined in the Constitution of the Russian Federation):

1. Priority of the interests of the individual - the principle of humanism (Article 2)

2. The sovereignty of the people and the principles of democracy (Parts 1,2, Article 3)

3. The principle of separation of powers (Article 10)

4. The principle of judicial independence (Part 1 of Article 120)

5. Subordination of the state to law (Part 2 of Article 15)

6. Proclamation of the inviolability of human rights by the state and the establishment of the basic mechanism of guarantees of rights

Principles of organization and operation of the mechanism of a 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 in different states depending on their historical type, characteristics political regime, the specifics of the form of government and similar factors. For example, the mechanisms of a democratic and totalitarian, feudal and bourgeois, unitary and federal state have their own principles of organization and activity. Therefore, in this chapter we will talk only about the principles of organization and operation of the state mechanism in a 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 certain types of state bodies).

Among the 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 a predominantly organizational meaning, are characteristic of 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-fledged subjects of 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 operation of the state mechanism, democracy requires, firstly so that the said mechanism, primarily the highest bodies of state power, is 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 is of particular importance, since this mechanism is the guarantor of compliance with legal norms by all subjects of law, it is entrusted with the task of strengthening legality 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 and legal means in the mechanism of exercising political power.

Legality first of all requires that the formation, 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 are talking about the fact that law-making activity 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 normative acts must comply with the Constitution and other fundamental laws of the state, international law, individual rights and freedoms (content 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 state 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 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 can declare a law adopted by parliament 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 have 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 of economic reforms, or measures to protect 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.

Improving the legal basis for the organization and activities of the state mechanism is one of the urgent tasks of modern Russia.

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 parts 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, to the principle of organization enshrined in the Federal Law “On the Prosecutor's Office of the Russian Federation” (new edition; Article 4, paragraph 2) and the activities of the prosecutor's office of the Russian Federation, according to which the prosecutor's office exercises its powers in strict accordance with the laws in force on the territory of Russia, regardless of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, 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. i 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”, “On the Constitutional Court of the Russian Federation”, the Federal Law “On the Prosecutor’s Office of the Russian Federation” (new edition), etc.

and “The first group covers the constitutionally established principles of the 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 multinational people. The people exercise their power through various channels, including directly (for example, elections of the president and representative bodies of state power) or through local government bodies. However, the main place among the means of exercising the power of the people of the Russian Federation is occupied by the mechanism of the state in the person of the bodies it unites,

The principle of humanism in the formation and operation of the mechanism of the Russian state is based on the understanding that it is a social state, the policy of which is aimed at satisfying the spiritual and material needs of the individual, ensuring the well-being of individuals 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 duty 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 state power is exercised on the basis of division into legislative,

subordinate 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 over others, prevent anyone from seizing power or appropriating authority, 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 the Russian Federation consists of equal subjects, which are republics, territories, regions, cities of federal significance, autonomous1 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 Constitution of Russia, the delimitation of the subjects of jurisdiction and powers between the bodies of state power of the Russian Federation and the bodies of state power of its subjects is carried out by this Constitution, federal and other agreements on the delimitation of subjects of competence and powers. Accordingly, as written 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 executive authorities and executive authorities of the constituent entities of the Federation form a unified system of 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 such requirements as: the rule 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 in federal laws. This group received a complex expression in the Federal Law “Q6 Fundamentals of the Civil Service of the Russian Federation”.

Along with confirmation of the constitutional principle of separation of legislative, executive and judicial powers, this normative legal act formulates or specifies the following principles:

the supremacy of the Constitution of the Russian Federation and federal laws over other normative legal acts, official instructions in the performance of official duties by government officials and ensuring their rights; priority of human and civil rights and freedoms, their direct

military action; duty of civil servants to

know, respect and protect human and civil rights and freedoms;

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

mandatory for civil servants decisions taken

ty higher government bodies and manage: ; | ly within the limits of their powers and on the basis of legislation

Russian Federation; ; professionalism and competence of civil servants;

transparency in the implementation of public service;

responsibility of employees for decisions made, non-fulfillment or improper fulfillment of their official obligations; :, zest; "

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, and the economy of the civil service. The implementation of the last principle is especially important in the modern conditions of the existence of an overly expanded, expensive administrative apparatus.

1 The above principles of the formation and operation of the state mechanism as a system of state bodies,

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

More on topic 3. PRINCIPLES OF ORGANIZATION AND ACTIVITY OF THE STATE MECHANISM:

1. Topic 3. PRINCIPLES OF ORGANIZATION AND ACTIVITY OF THE STATE MECHANISM
2. 9.2. Organizational and legal mechanism for the activities of international organizations
3. principles of public administration, their place and role in improving the mechanism of its organization and implementation
4. § 3. Principles of organization and activity of the state apparatus
5. § 4. Principles of organization and activity of the state apparatus
6. 36. Principles of organizing the activities of the state apparatus
7. 6.2. Principles of organizing a system for protecting clients’ contractual activities
8. 17.1. Functions and principles of the state’s activities in regulating the economy
9. The mechanism of the state and the mechanism of functioning of state power
10. 2.2 THE PRINCIPLE OF HARMONIOUS ORGANIZATION OF POWER IN PLATO’S TEACHING ABOUT THE IDEAL STATE
11. 9.2. Organizational and legal forms of public associations. Principles of organization and activity
12. State apparatus (fundamental problems of organization and activity; the importance of the principle of democracy]
13. 4.1. Principles and model of interactions between organizations in the production and financial activities of the corporation
14. Audit of the organization of the accounting and reporting system and compliance with the principle of business continuity
15. 8.1.5. The concept of the financial result of a commercial organization. Indicators of profitability (profitability) of the activities of a commercial organization
16. DECLARATION ON THE PRINCIPLES OF INTERNATIONAL LAW CONCERNING FRIENDLY RELATIONS AND COOPERATION BETWEEN STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS
17. 1.1. Management: basic concepts, management system, its features, principles of organizing activities

- Codes of the Russian Federation - Legal encyclopedias - Copyright - Advocacy - Administrative law - Administrative law (abstracts) - Arbitration process - Banking law - Budget law - Currency law - Civil procedure - Civil law - Contract law - Housing law - Housing issues - Land law - Electoral law - Information law - Enforcement proceedings - History of state and law -

In the first states, government bodies were not differentiated in composition and competence. The core of the state mechanism consisted of security forces, as well as the departments of finance and foreign affairs. The mechanism of the modern state is much more complex system, which includes many large subsystems. For example, a subsystem of the highest bodies of the state, a subsystem of law enforcement agencies, courts, prosecutors, etc.

In addition to government bodies, there are government agencies that do not have government powers. Their significance comes down to the performance of general social functions in one area or another (economics, health care, science, education, culture, social security).

The structure of the state mechanism is changeable and diverse. She is sensitive to changes occurring in social life, modernizing in accordance with the requirements of the time. But in all cases, the main content of the activities of the state mechanism is management work, designed to ensure effective regulation of all spheres of social life.

The construction and operation of the state mechanism is carried out on the basis of a number of principles that are objective in nature. These include:

1. Humanism - recognition of the value of man, affirmation of the priority of his interests for the activities of the state.

2. Democracy in the formation and activities of government bodies, which allows taking into account the diverse interests of the majority of citizens of the state, their religious views, characteristics national culture etc.

3. Transparency and openness of the activities of the state apparatus.

4. Legality - the determining importance of legal principles in the activities of all elements of the state mechanism, in their relationship with the population of the country and among themselves, as well as with non-state structures.

5. Professionalism and competence of government bodies, a scientific approach to management activities.

6. The combination of unity of command and collegiality as methods of making management decisions.

Separation of powers is the distribution of state power between various branches of government, mutual control over their activities, maintaining a system of mutual checks and balances. The purpose of the separation of powers is to prevent a dangerous concentration of power in the hands of one government body. The theory of separation of powers dates back to the ancient Greek thinker Polybius; V modern form it was developed by J. Locke and S.-L. Montesquieu (XVII-XVIII centuries). The classic version of the separation of powers system provides for the separation of three branches of government: legislative, executive, and judicial.

1.2. Principles of organization and activity of the state mechanism

The principles of organization and operation of the state mechanism are divided into general principles related to the state mechanism as a whole, and into 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, to the principle of organization and activities of the prosecutor's office of the Russian Federation enshrined in the Federal Law "On the Prosecutor's Office of the Russian Federation", according to which the prosecutor's office exercises powers in strict compliance with the laws in force in Russia, regardless of federal government bodies.

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 - the principles formulated in the Federal Law “On the Fundamentals of Public Service in the Russian Federation” and other federal laws.

The first group covers the constitutionally established principles of the 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 (the election of the president and representative bodies of state power) or through local government bodies. However, the main place among the means of exercising the power of the people of the Russian Federation is occupied by the mechanism of the state in the person of the bodies it unites.

The principle of humanism in the formation and operation of the mechanism of the Russian state is based on the understanding that it is welfare state, whose policies are aimed at satisfying the well-being of individuals and society.

The principle of separation of powers, according to which state power is exercised on the basis of division into legislative, executive and judicial, provides for the independence of bodies belonging to various branches of government, their ability to provide a mechanism of checks and balances in relation to each other in order to prevent excessive strengthening and rise above others of any one branch of government, to prevent anyone from seizing power and establishing a dictatorship.

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

The principle of legality lies in the universality of the requirement to comply with and implement laws.

The considered general constitutional principles of the organization and operation of the state mechanism receive their reinforcement, development and specification in the second group of principles enshrined in 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 confirmation of the constitutional principle of separation of legislative, executive, and judicial powers, this legal act formulates the following principles.

The supremacy of the Constitution of the Russian Federation and federal laws over other normative legal acts, job descriptions when civil servants perform official duties and ensure their rights;

The 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;

The obligation for civil servants to make decisions taken 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 perform or improper performance of their official duties.

Non-partisan civil service; separation of religious associations from the state;

And some others.

2. STRUCTURE OF THE STATE MECHANISM

2.1. The concept and principles of constructing public authorities

One of the main purposes of the Constitution of the Russian Federation is to organize a system of government bodies through which the state carries out its functions. This system includes not only government bodies through which power is exercised and whose existence is determined by the Constitution, but also a large number of other bodies and institutions, built vertically and horizontally, reflecting varying degrees of subordination. The totality of these bodies and institutions constitutes the state mechanism, which must act as a single and efficient system ruling.

State authorities are the most important part of this mechanism, leveling, first of all, the organizational role of the state in society. Therefore, the public authority has such tasks and its own powers that correspond to the functions of the state.

A public authority is created only by the state and acts on behalf of the state. Only the state establishes the procedure for the organization and functioning of these bodies, endows them with a range of specific powers beyond which they should not go, establishes their rights and obligations and the scope of responsibility in case of their violation.

Each government body has its own special structure and scope of powers, which distinguish it from other government bodies, but all of them together act as a single whole, as a single state power that carries out the functions of the state. Thus, a public authority is an integral, relatively separate and independent part of the state mechanism, which participates in the implementation of the functions of the state, acts on behalf of the state and on its instructions, has state powers, has a structure and competence established by the state and applies its inherent organizational and legal forms of activity.

The state authority to implement the tasks and functions of state power of the Russian Federation is endowed by the state with certain legal, material and financial means.

The constitutional and legal status of a public authority is characterized by a number of main features that distinguish it from many other bodies, organizations, and institutions that may be part of the mechanism of state power, but are not public authorities. First of all, a public authority is established only by the state and in a special manner. It is created in accordance with the norms of the Constitution, laws or other regulatory legal acts. This means that outside the established procedure for the formation of a public authority, it cannot be created and function. The Constitution of the Russian Federation directly guarantees this principle, defining in Art. 3 (part 4), that no one can appropriate power in the Russian Federation. Seizure of power or appropriation of power is punishable by federal law.

The Constitution determines the method and procedure for the formation of government bodies. On federal level State power in the Russian Federation is exercised by the President of the Russian Federation, the Federal Assembly (Federation Council and State Duma), the Government of the Russian Federation and the courts of the Russian Federation. These government bodies cannot be liquidated or transformed without changing the Constitution of the Russian Federation itself. At the same time, the Constitution establishes that the formation of these bodies must be carried out in accordance with specially adopted laws, since the Constitution cannot provide for all the details and features of the formation and functioning of government bodies. Through the corresponding constitutions, charters and laws, state authorities of the constituent entities of the Russian Federation are formed.

The President of the Russian Federation and the State Duma, for example, are elected directly by citizens on the basis of universal, equal, direct suffrage by secret ballot, and judges of the Constitutional Court, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation, as well as the Prosecutor General RF. The Chairman of the Government of the Russian Federation is appointed on the recommendation of the President by the State Duma; members of the Government are appointed by the President on the recommendation of the Chairman of the Government of the Russian Federation. Not one, but several public authorities may participate in the creation of a body. For example, the Constitution of the Russian Federation provides that half of the auditors of the Accounts Chamber and its chairman are appointed by the State Duma, and the second half of the auditors and the deputy chairman of the Accounts Chamber are appointed by the Federation Council.

Government bodies can be created, transformed or liquidated not only by laws, but also by by-laws, for example, decrees of the President of the Russian Federation or the head of the executive branch of a constituent entity of the Russian Federation. This concerns, first of all, the structure and powers of executive authorities.
It is characteristic of a public authority that it is created to carry out the tasks of public authority, carry out activities Russian state. For example, the Federal Assembly is the representative and legislative body of the Russian Federation, the President is the head of state, and the Government exercises executive functions. The tasks and functions of government bodies of the constituent entities of the Russian Federation are determined by their Constitutions, charters and other legislative acts.
The characteristic of a public authority is its authority. This means that its decisions are generally binding, and state coercion can be used to implement them, if necessary. State authorities issue normative legal acts that establish the procedure for citizens, public organizations and officials to use their rights and perform duties and regulate the relationship between the state and the citizen in the established area state life.

A state body has certain rights that act as obligations for it, and has a clearly established scope of application of these rights and the limits of their territorial use. This was established so that the public authority does not go beyond its competence and does not usurp the powers of other public authorities.

Typically, the scope of competence of a public authority is established during its creation by regulatory legal acts - laws, decrees, regulations, etc., which can subsequently be legally amended or supplemented. A public authority has independent competence, which, as a rule, its internal divisions do not have and, as a result, they cannot be considered as independent state bodies.

A public authority is characterized by a special procedure, usually established by the Constitution, for its activities. It is regulated in more detail in relation to the State Duma, the Federation Council and the judiciary, the latter operating within the framework of criminal and civil proceedings, and less clearly in relation to the President, the Government and other executive authorities, the procedure for which is established by special constitutional laws.

A characteristic feature of a public authority is its structure established in legal forms, the internal organization of this body, usually enshrined in Constitutions, charters, laws, and other normative legal acts. Internal structure public authority depends on modifications, scope of competence, legal status. It can be very simple (prosecutor of a subject of the Federation) or complex (bicameral structure of the Federal Assembly of the Russian Federation).

State authorities may consist of elected deputies or civil servants appointed in accordance with the procedure established by law, exercising certain powers on behalf of the state. A public authority may also be represented by one person. These are, for example, the President of the Russian Federation, the presidents of the republics within the Russian Federation, the Prosecutor General of the Russian Federation, the Commissioner for Human Rights. These officials act by virtue of constitutional norms or on the basis of law and are responsible only to those who elected or appointed them.

Depending on the procedure for making government decisions, public authorities can be based on the principles of unity of command (President, ministry) or on the principles of collegiality (Government of the Russian Federation). Along with state authorities, the Constitution establishes the creation and functioning of local government bodies, which, in accordance with the Constitution, are not included in the system of state authorities. These organs have special legal status, but they are also characterized by the main features of a public authority - statutory the procedure for the creation, structure and functioning of these bodies, their powers.

Local self-government is not state power, but it cannot function without relevant bodies endowed with their own competence, scope of responsibility, the right to resort to coercion to ensure the implementation of their powers, etc. The peculiarity of local government bodies is that they are formed by the population of a certain territorial unit, are not directly subordinate to the state authorities of the Russian Federation or its constituent entities and are mainly engaged in matters of local importance.

The system of government bodies of the Russian Federation is built on certain principles, which together allow the state mechanism to carry out its functions. First of all, public authorities act on the principle of sovereignty of state power, i.e. its complete independence within the country and on international arena. The sovereignty of state power is based on the principle of the sovereignty of the people and is exercised in the form of direct (immediate) and representative democracy.

Another important principle of the system of government bodies is the principle of unity of the system of government bodies. This means that the entire system of government bodies must act as a single organism within a single sovereign state. At the same time, the President, as head of state, coordinates the functional activities of government bodies at the federal level. But not all government bodies of the constituent entities of the Russian Federation form a single structure built on a hierarchical basis with the government bodies of the Russian Federation. The Constitution of the Russian Federation provides, within certain limits, for the establishment of such a system for the judicial and executive bodies of state power. But such a system, built on a hierarchical basis, is completely excluded for legislative bodies, which act on the basis of complete independence, and whose decisions cannot be canceled or changed by the corresponding federal legislative body of the Russian Federation. And such bodies of state power, for example, as the prosecutor’s office, cannot, in the sense of complete independence, be divided into federal bodies and federal subjects, meaning the complete independence of the latter, since the prosecutor’s office system is built on the basis of strict centralization and subordination of the lower prosecutor to the higher one, and the entire prosecutor's office system - to the Prosecutor General of the Russian Federation.

The most important principle of the system of state bodies of the Russian Federation is the principle of delimitation of jurisdiction and powers between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation. As already noted, the Constitution of the Russian Federation determines the competence of the Federation itself and the joint competence of the Federation and its subjects. The so-called “residual” powers are the subject of jurisdiction exclusively of the subjects of the Federation and in this case the subjects of the Federation have full state power. However, in matters of distribution of competence between the Federation itself and its subjects, many unresolved problems remain. In particular, there is no clear distribution of powers in the system of executive authorities of the Russian Federation and its constituent entities, or distribution of powers in other areas of public life.

The most important principle systems of public authorities - the principle of election. This principle extends to the formation of the highest representative bodies of the Russian Federation and its constituent entities - the President of the Russian Federation, Presidents and other senior officials of the constituent entities of the Federation. Closely related to the principle of election of a number of government bodies is the principle of citizen participation in the formation and activities of government bodies. Citizens participate, first of all, in the elections of representative bodies of state power and in the elections of local government bodies. In addition, the legislation of the subjects of the Federation may establish the formation of other state bodies. It should be noted that the activities of citizens in government bodies are formalized as a public service with all its inherent responsibilities, requirements and privileges. Only citizens of the Russian Federation can work in government bodies. Neither ministers nor stateless persons can take part in the civil service, which, among other things, is based on the principles of professionalism.

The principle of the system of government bodies is the right of citizens to appeal to a higher government body or court against unlawful actions or inaction of government bodies. This constitutional right of citizens to appeal the actions of public authorities and officials is aimed at strengthening the legitimacy and effectiveness of the activities of public authorities, protecting the constitutional rights of citizens and protecting the constitutional system of the Russian Federation.

Another principle of the system of government bodies is the principle of transparency and openness in the formation and activities of these bodies. This principle presupposes widespread coverage of the activities of government bodies in the media, periodic information to the general public about the work of these bodies and the problems facing them. The principle of transparency presupposes closer interaction between public authorities and the population, public control over the procedure for the formation and activities of public authorities. And finally, it is important to highlight the principle of separation of powers, on which the system of government bodies in the Russian Federation and its constituent entities is built. In accordance with this principle, the state authorities of the Russian Federation are divided into legislative, executive and judicial authorities, which respectively carry out the main functions of state power (law-making, executive-administrative and law enforcement). These bodies form the basis of the constitutional system of bodies of the Russian state. At the same time, it is assumed that the three branches of government should mutually complement each other, mutually control and restrain each other according to the classical scheme of the system of “checks and balances”, worked out by world constitutional experience. The principle of separation of powers also presupposes influence on each of them from the prosecutor’s office, which must take measures to eliminate violations of laws, from whatever government body, its structural unit or official they came from. The most important role in protecting the constitutional rights and freedoms of Russian citizens from possible arbitrariness on the part of government bodies should belong to the Commissioner for Human Rights of the Russian Federation.

one system government agencies must be clearly and universally coordinated.

First of all, this difficult work coordination of the activities of government bodies is carried out by the President of the Russian Federation as head of state.

The Constitution of the Russian Federation, proclaiming the principle of separation of powers into legislative, executive and judicial, takes the President of the Russian Federation beyond these branches of power, not classifying him in any of the above branches, although according to the text of the Constitution he is proclaimed as an independent subject of the exercise of state power. This gave grounds for some Russian constitutionalists to argue that a separate independent Presidential branch of power, or even a super-presidential one, is being formed in Russia. Apparently, such a point of view has a right to exist, since in the currently established form the principle of separation of powers in the Russian Federation is quite limited, while in a purely presidential republic (for example, the USA), the president is the head of the executive branch of government and is responsible for the results of the work of the Cabinet of Ministers, and in Russia the President actively influences the legislative branch of government, controls and actually directs the actions of the Government, and he himself is removed from the influence of this system, including from the influence of any form of control by government bodies authorities.

With the exception of the institution of removing the president from office on charges of treason or committing another serious crime (a very complicated and practically impossible procedure), the Federal Assembly and the judiciary, as well as the electoral corps, have no real levers of influence on the activities of the president or the establishment of responsibility for consequences of this activity.

Apparently, such a constitutional model of the institution of the Presidency was established due to the peculiarities transition period, experienced by Russia, and was largely adapted to President Yeltsin. It is possible that in the future, as the constitutional system in Russia stabilizes, the principle of separation of powers will approach its classical form with the establishment of a purely Presidential republic.

Dispersal of anti-fascist demonstrations and rallies, prohibition of any press organ.” Thus, one-party rule was established in Germany and the opposition was destroyed. Thus, in fascist Germany a huge state apparatus was created, local government bodies were centralized, all state bodies were formed on a party basis, which excluded access to power...

As the vesting of local government bodies with certain state powers with the transfer of the material and financial resources necessary for their implementation. 6. Structure of the state apparatus of the Russian Federation. The close relationship between the functions and mechanism of the state necessitates a structural-functional approach to the study of the structure of the state mechanism. ...

Ensure maximum efficiency of public management of society. Regardless of what meaning is put into the concept and content of the state mechanism, its most important and integral parts invariably are state bodies. They fill out the content and form the structure of the state apparatus. From each of them, taken separately or together with others...

The security activities of a given state (armed forces, law enforcement agencies, penitentiary authorities, etc.); 3). State institutions are those divisions of the state mechanism that do not have power (with the exception of their administrations), but carry out direct practical activities to perform the functions of the state: social, ...