The organization of state power in the subjects of the Russian Federation is brief. State authorities of the constituent entities of the Russian Federation


The system of public authorities of a constituent entity of the Russian Federation- bodies that exercise state power in a constituent entity of the Russian Federation formed in accordance with the principle of separation of powers in the manner prescribed by federal law.

The Federal Law of October 6, 1999 "On the General Principles of Organization of the Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation" establishes that the State Code of the Russian Federation RF are:

Legislative (representative) body of state power of the subject of the Russian Federation;

The highest executive body of state power of a constituent entity of the Russian Federation;

Other bodies of state power of the subject of the Russian Federation, formed in accordance with the constitution (charter) of the subject of the Russian Federation.

In addition, the constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation.

Accordingly, such a system includes:

President of the republic (head of state, head of the republic) or the governor of the region, region (in some republics there is no single head of state);

Legislative (representative) body, government (cabinet, administration), as well as judicial bodies represented by justices of the peace.

In a number of constituent entities of the Russian Federation (republics), the status of the judiciary is at odds with the status defined by the Federal Constitutional Law of December 31, 1996 "On the Judicial System of the Russian Federation." So, in a number of republics (Tatarstan, Bashkortostan, Sakha (Yakutia), the judicial authorities are removed from the judicial system of the Russian Federation.

The Constitution of Bashkortostan establishes that the courts are subject only to the law and the Constitution of the Republic of Bashkortostan. Almost in all republics constitutional courts have been established, called the highest bodies of state power of the republic to protect its constitutional order (in Adygea, such a court is called the Constitutional Chamber, in Tatarstan and North Ossetia-Alania, these are constitutional review committees).

Since the constitutions of the republics were adopted before the entry into force of the above Federal Law, the norms of republican constitutions that contradict this Law should be recognized as unconstitutional in the established manner.

The system of public authorities of the constituent entities of the Russian Federation consists of:

1. Legislative (representative) body of state power.

2. The highest executive body of state power.

3. Other government bodies formed in accordance with the constitution (charter) of the subject of the Russian Federation (in particular, the position of the highest official of the subject of the Russian Federation may be established).

Legislative (representative) body of state power of the constituent entity of the Russian Federation:


Adopts the constitution (charter) of the subject of the Russian Federation and amendments to them.

Approves the budget of the constituent entity of the Russian Federation and the report on its implementation; programs of socio-economic development of the constituent entity of the Russian Federation.

Establishes taxes and fees attributed to the jurisdiction of the constituent entity of the Russian Federation, as well as the procedure for their collection; the procedure for managing the property of a constituent entity of the Russian Federation; the procedure for holding a referendum of a constituent entity of the Russian Federation, elections to the legislative body and the head of the highest executive body of state power of the constituent entity of the Russian Federation.

Establishes the administrative-territorial structure and approves the management scheme of the subject of the Russian Federation.

Regulates other issues related to the jurisdiction and powers of the subject of the Russian Federation.

By the decree of the legislative body, certain officials of the constituent entity of the Russian Federation are appointed and dismissed; a decision on no confidence (trust) is drawn up in the heads of the executive authorities of the constituent entity of the Russian Federation, in the appointment of which the legislative body took part. The legislative body exercises control over the observance and implementation of the laws of the subject of the Russian Federation, the execution of the budget of the subject of the Russian Federation.

The laws adopted by the legislative body are sent to the highest official of the constituent entity of the Russian Federation for promulgation within a period not exceeding 14 calendar days. In case of rejection of the law, it can be approved in the previously adopted edition by a majority of at least 2/3 of the votes of the established number of deputies. A law approved in this way cannot be rejected by a senior official of a constituent entity of the Russian Federation and is subject to publication within a specified period.

The powers of the legislative body of state power of a constituent entity of the Russian Federation may be terminated early in the following cases:

Decision-making on self-dissolution;

Dissolution by the highest official of a constituent entity of the Russian Federation;

The entry into force of a court decision on the incompetence of this composition of deputies, including in connection with the resignation of their powers.

The highest official of a constituent entity of the Russian Federation has the right to early terminate the powers of the legislative body if it adopts a regulatory legal act that contradicts the Constitution of the Russian Federation, federal laws, the constitution (charter) of a constituent entity of the Russian Federation, if such contradictions are established by the relevant court and are not eliminated by the legislative body. The President of the Russian Federation has the right to warn the legislative (representative) body, and in case of repeated violation, submit to the State Duma a draft law on its dissolution and termination of powers.

In the constituent entity of the Russian Federation, a system of executive authorities is established, headed by a supreme executive body, headed by the head of the supreme executive body of state power.

The supreme executive body of state power of the constituent entity of the Russian Federation ensures the implementation of the regulatory legal acts of Russia and the constituent entity of the Russian Federation. The name, structure, procedure for the formation of the supreme executive body is established by the constitution (charter) and laws of the subject of the Russian Federation.

The supreme executive body of state power of the constituent entity of the Russian Federation develops and implements measures for the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, health care, social security and ecology. He develops budget projects, programs for the development of the constituent entity of the Russian Federation, ensures the implementation of the budget and programs for socio-economic development; manages and disposes of the property of the constituent entity of the Russian Federation, concludes agreements with federal executive authorities on the delimitation of the subjects of jurisdiction and powers; forms other executive authorities of the constituent entities of the Russian Federation.

The legislative and supreme executive bodies of state power of the constituent entity of the Russian Federation interact in order to effectively manage the processes of economic and social development and in the interests of the population. Legal acts of the executive power are sent to the legislative body, which has the right to propose amendments or additions to them or to cancel them, and also has the right to appeal against these acts in court.

The highest official of a constituent entity of the Russian Federation has the right to apply to the legislative body with a proposal to amend and supplement the decision of the legislative body or to cancel them, and also has the right to appeal against these decisions in court. The legislative body sends to the supreme official the plans for legislative work and draft laws of the constituent entity of the Russian Federation. The meetings of the legislative body may be attended with the right of an advisory vote by the heads of the executive authorities or persons authorized by them. Deputies or employees of the legislative body may be present at meetings of executive bodies.

The legislative body can participate in the formation of the supreme executive body of the constituent entity of the Russian Federation, agreeing on the appointment of individual officials of the supreme executive body. He has the right to express no confidence in the leaders of the executive authorities, in the appointment of which he took part, which entails their immediate dismissal.

Possible disputes between the legislative and supreme executive bodies on the implementation of their powers are resolved in accordance with conciliation procedures or in court.

The delimitation of powers of representative and executive bodies of state power is carried out on the basis of laws on state bodies adopted in the constituent entities of the Russian Federation. The boundaries of the independence of each branch of government are determined in the statutes adopted in the region, territory. In each subject of the Russian Federation, these and other issues of authority are resolved in their own way.

The head of the administration has the right to initiate legislation, to sign and publish laws, to have a suspensive effect on laws, the exclusive right to submit bills to the budget, plans for socio-economic development, the structure of the administration, etc. Having endowed the administration with power levers, the Duma retained the right to approve the deputy head of the administration, the structure of the administration, and the costs of its maintenance.

To perform the functions of executive power, structural divisions are created in the administration. In each subject of the Russian Federation, their composition is determined taking into account local specific conditions. The following example structure is recommended, developed by a specially created commission.

Within the framework of the powers determined by the Constitution of the Russian Federation, treaties and agreements, the subjects of the Russian Federation are independent and independent in their actions from the federal authorities.

The constituent entity of the Russian Federation possesses the territory and its powers depending on its entry into any other territory of Russia. Thus, the krai (oblast) and the autonomous okrug located within its borders are equal subjects of the Russian Federation, the entry of the okrug into the krai does not change its legal status. The Constitutional Court of the Russian Federation ruled that the authorities of such subjects of the Russian Federation should build relations on the basis of treaties and agreements in which to determine all areas of independent and joint activities of the region (region) and the autonomous region.

As a constituent entity of the Russian Federation, cities and regions are usually distinguished as administrative-territorial units. The Constitutional Court of the Russian Federation confirmed the right to create state power bodies at the level of a district, a city of republican significance, including them in the unified system of executive power of the Russian Federation.

Territorial units of a different level (a city of district subordination, other urban and rural populations, city districts in cities of republican significance) do not have such a status and government bodies cannot be created in them. At this level, public power is exercised through local self-government and its bodies that are not part of the system of government bodies.

MINISTRY OF BRANCH OF RUSSIA

Federal State Budgetary Educational Institution

higher professional education

Chelyabinsk State University

(FGBOUVPO "ChelGU")

Institute for Territorial Development

Faculty of correspondence and distance learning

Department of State Municipal Administration

COURSE WORK

In the discipline "Fundamentals of State and Municipal Administration"

On the topic: “Features of the organization of state power in the constituent entities of the Russian Federation. Approximate scheme of management of a constituent entity of the Federation "

INTRODUCTION

1. PRINCIPLES OF OPERATION, SYSTEM AND RESPONSIBILITIES OF THE STATE AUTHORITIES OF THE RUSSIAN FEDERATION SUBJECTS

FEATURES AND PROBLEMS OF INTERACTION OF THE STATE AUTHORITIES BETWEEN THE SUBJECTS OF THE RUSSIAN FEDERATION

CHELYABINSK REGION MANAGEMENT SCHEME

CONCLUSION

LIST OF USED LITERATURE

INTRODUCTION

Russia is a federal state, in its administrative-territorial units - the constituent entities of the Russian Federation - there are also state authorities. The economic, ethnic, social, geographic, climatic and other features of various parts of the Russian state have led to the use of a complex multi-level system of state structure of the country and an obvious variety of regulators of social relations in its various regions. The constituent entities of the Russian Federation differ in terms of the size of the territory, the number and density of the population, and its ethnic composition. However, as follows from the Constitution, these and other features do not affect the constitutional and legal status of the constituent entities of the Russian Federation.

The legal regulation of the organization of state power in the Russian Federation, its constituent entities face many problems, which include the lack of procedures required by the Constitution of the Russian Federation, and the presence of gaps in constitutional legislation, and the imbalance in relations between the federal legislative, presidential and executive authorities. , and relapses of regional separatism, in which the supremacy of the Constitution and federal legislation on the territory of individual subjects of the Federation is denied, and finally, often unprofessional legislative activity of the subjects of the Russian Federation.

Many modern problems of organizing state power in the constituent entities of the Russian Federation are caused by the difficulties associated with profound transformations of the state structure of the country, including the transition from a formal federation to an actual one, the spread of federal relations throughout the entire territory of the state - reforms that led to the creation of a two-tier model of organization of state power, in which the latter is implemented both in the Russian Federation as a whole, through a referendum, elections, the functioning of the system of federal state institutions, and in the constituent entities of the Federation using forms of direct democracy, as well as through the activities of government bodies formed by the constituent entities of the Russian Federation. In this regard, the study of the problems of the organization of state power in the constituent entities of the Russian Federation, the legal status of the constituent entities of the Russian Federation, the delimitation of competence between the center and the regions, the constitutional and legal status of bodies exercising state power in the constituent entities of the Russian Federation is of particular relevance.

The purpose of the work is to consider the system of state authorities of the constituent entities of the Russian Federation.

Work tasks.

Consider the general principles of activity, the system and responsibility of state authorities of the constituent entities of the Russian Federation.

Determine the features and problems of interaction between government bodies between the constituent entities of the Russian Federation.

To study the management scheme of the Chelyabinsk region

The object of the research is the fundamental characteristics of the constitutional foundations of the bodies of state power of the constituent entities of the Russian Federation.

The subject of the research is the system of authorities of the constituent entity of the Russian Federation.

Structure of the work: the work consists of an introduction, three chapters, a conclusion and a list of used literature.

The theoretical basis of this work was the work of such authors as: M.V. Baglai, E.I. Kozlova, O.E. Kutafina, S.Yu. Naumova, V.A. Kozbanenko and others.

1. PRINCIPLES OF OPERATION, SYSTEM AND RESPONSIBILITY OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION

The best government

for any nation is one that

kept it as a whole.

M. Montaigne / 12, p. 149 /

According to Atamanchuk G.V. public administration is a purposeful, systemically organized, practically transformative impact on processes, relations and phenomena in society, on the consciousness, behavior and activities of people, giving the object of management the necessary dynamics and socially oriented character / 8, p. 3 /.

There are 24 federal states in the world, including the Swiss Confederation. The largest number of federations in Europe is seven. The territory of the Russian Federation includes the territories of its constituent entities, internal waters and the territorial sea, airspace above them. Since March 1, 2008, the Russian Federation includes 83 constituent entities of the Russian Federation, including 21 republics, 9 territories, 46 regions, 2 federal cities, an autonomous region and 4 autonomous districts. Compared with other states with a federal form of state-territorial structure, Russia includes the largest number of subjects (for example, in Tanzania - 2 subjects, in Ethiopia - 9, in India - 25, in the FRG - 16 lands, in Canada - 10, Mexico - 31, while the United States, along with 50 states, includes the Federal District of Columbia, the freely annexed state of Puerto Rico, and some other island territories that do not have state status) / 24, p. 124 /.

According to V.M. Baglai, the federal nature of the Russian state assumes that state power in it is exercised by both federal bodies and bodies of the subjects of the Federation / 9, p. 710 /. There is a close connection and interaction between these levels of state power, ensuring the unity of state power in the Russian Federation / 9, p. 710 /.

In accordance with Article 3 of the Constitution of the Russian Federation (hereinafter the Constitution), the only source of power in the Russian Federation is its multinational people (paragraph 1), exercising their power directly, as well as through state authorities and local self-government bodies (paragraph 2) ... Thus, public authorities are one of the ways for the people of the Russian Federation to exercise their constitutional right to power, which is guaranteed by the legal system of the Russian Federation, as well as its subjects, by the responsibility of public authorities and public officials / 1 /.

The basis for the creation and operation of bodies of state power of the constituent entities of the Russian Federation is Article 11 of the Constitution, which says that state power in the constituent entities of the Russian Federation is exercised by the bodies of state power formed by them (paragraph 2). Federal bodies of state power operating on the territory of a constituent entity of the federation (prosecutors, federal courts, etc.) are not included in the system of bodies of state power of constituent entities of the federation, although they interact with it / 12, p.155 /.

In accordance with Article 77 of the Constitution, the system of state power bodies of republics, territories, regions, cities of federal significance, autonomous regions, autonomous okrugs is established by the constituent entities of the Russian Federation independently in accordance with the foundations of the constitutional system of the Russian Federation and the general principles of organization of representative and executive bodies of state power, established by federal law (paragraph 1).

The formation, formation and activities of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation are regulated by the Constitution of the Russian Federation, federal laws, as well as the constitution of the republic, the charter of the territory, region, city of federal significance, autonomous region, autonomous okrug, laws and other normative legal acts subjects of the Russian Federation / 15, p.23 /.

According to the Constitution of the Russian Federation, the activities of public authorities of the constituent entity of the Russian Federation are carried out in accordance with the following principles:

) state and territorial integrity of the Russian Federation;

) the spread of the sovereignty of the Russian Federation throughout its entire territory;

) the supremacy of the Constitution of the Russian Federation and federal laws throughout the territory of the Russian Federation;

) the unity of the system of state power;

) division of state power into legislative, executive and judicial in order to ensure a balance of powers and exclude the concentration of all powers or most of them in the jurisdiction of one state authority or official;

) 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 the constituent entities of the Russian Federation;

) independent exercise by state authorities of the constituent entities of the Russian Federation of their powers;

) independent exercise of their powers by local government bodies / 9, p. 713 /.

The powers of the bodies of state power of the constituent entity of the Russian Federation are established by the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation and can only be changed by introducing appropriate amendments to the Constitution of the Russian Federation and (or) revising its provisions by adopting new federal laws, the constitution ( of the charter) and laws of the constituent entity of the Russian Federation or by introducing appropriate changes and (or) additions to these acts.

The system of bodies of state power of a constituent entity of the Russian Federation consists of: the legislative (representative) body of state power of a constituent entity of the Russian Federation; the highest executive body of state power of a constituent entity of the Russian Federation; other public authorities of the constituent entity of the Russian Federation, formed in accordance with the constitution (charter) of the constituent entity of the Russian Federation / 17, p.304 /.

The constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation.

State authorities of the constituent entities of the Russian Federation are responsible for violation of the Constitution of the Russian Federation, federal constitutional laws and federal laws, and also ensure compliance with the Constitution of the Russian Federation, federal constitutional laws and federal laws of the constitutions and laws of republics and statutes adopted (adopted) by them, laws and other normative legal acts of territories, regions, cities of federal significance, autonomous regions, autonomous regions and their activities / 16, p. 247 /.

The legislative (representative) bodies of state power of the constituent entities of the Russian Federation are permanently acting supreme and the only bodies of legislative power of the constituent entities of the Russian Federation / 18, p. thirty/. The name of the legislative (representative) body of state power of the constituent entity of the Russian Federation, its structure are established by the constitution (charter) of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of the constituent entity of the Russian Federation / 15, .23 /.

Most of the legislative (representative) government bodies of the constituent entities of the Russian Federation are unicameral. Exceptions are the State Assembly of the Republic of Bashkortostan, the Legislative Assembly of the Republic of Karelia, the Parliament of the Kabardino-Balkarian Republic, the State Assembly (Il Tumen) of the Republic of Sakha (Yakutia), the Legislative Assembly of the Sverdlovsk region, which have two chambers / 16, p. 248 /.

The number of deputies of the legislative (representative) body of state power of the subject of the Russian Federation is established by the constitution (charter) of the subject of the Russian Federation. The constitution (charter) of a constituent entity of the Russian Federation also establishes the term of office of deputies of the legislative (representative) body of state power of a constituent entity of the Russian Federation of one convocation, which may not exceed five years. A legislative (representative) body of state power of a constituent entity of the Russian Federation is competent if at least two-thirds of the established number of deputies are elected to it.

In accordance with Art. 5 of the Law of October 6, 1999 N184-FZ "On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" Legislative (representative) body of state power of the constituent entity of the Russian Federation:

a) adopts the constitution of the subject of the Russian Federation and amendments to it, unless otherwise established by the constitution of the subject of the Russian Federation, adopts the charter of the subject of the Russian Federation and amendments thereto;

b) carry out legislative regulation on the subjects of jurisdiction of the subject of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and subjects of the Russian Federation within the powers of the subject of the Russian Federation;

b.2) hears annual reports of the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) on the results of the activities of the highest executive body of state power of the constituent entity of the Russian Federation, including on issues raised by the legislative (representative) body of state power subject of the Russian Federation;

c) exercise other powers established The Constitution<#"justify">The executive body of the Chelyabinsk Region is the Government of the Chelyabinsk Region, headed by the Governor of the Chelyabinsk Region. Powers of the Government of the Chelyabinsk Region. The government is a permanent collegial body that heads the unified system of state executive bodies of the region and ensures their coordinated activities in the interests of the population of the region.

The regional government has the rights of a legal entity, has an official seal, other seals, stamps and standard forms.
The regional government carries out its activities on the basis of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, the Charter (Basic Law) of the Chelyabinsk region, the law of the Chelyabinsk region "On the Government of the Chelyabinsk region", regional laws, regulatory legal acts of the Governor of the Chelyabinsk region.
The activities of the Regional Government are carried out in accordance with the principles established by the Federal Law "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation".

The regional government, within the limits of its powers, organizes the implementation of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, the Charter (Basic Law) of the Chelyabinsk Region, the law of the Chelyabinsk Region "On the Government of the Chelyabinsk Region", regional laws, regulatory legal acts of the Governor of the Chelyabinsk region, systematically monitors their implementation by the regional executive authorities, takes measures to eliminate violations of the legislation of the Russian Federation and the region / 7 /.

The powers of the Government of the Chelyabinsk Region are regulated by the Charter (Basic Law) of the Chelyabinsk Region and the Law of the Chelyabinsk Region "On the Government of the Chelyabinsk Region".

The regional government, within its powers:

heads the system of executive authorities of the region, coordinates and controls the activities of the executive bodies of state power in the region;

interacts with the plenipotentiary representative of the President of the Russian Federation in the Ural Federal District, with federal executive bodies, with territorial bodies of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, regional government bodies, the election commission of the Chelyabinsk region, local government bodies and officials ;

organizes the implementation of the internal policy of the Chelyabinsk region;

ensures the stability and unity of the regional executive power system as a constituent entity of the Russian Federation, directs and controls the activities of the regional executive authorities;

develops and implements measures to ensure the integrated social and economic development of the region;

participates in the implementation of a unified state policy in the field of finance, science, culture, media, education, healthcare, social protection, including social security, road safety and ecology;

develops projects of regional target programs, a draft program of social and economic development, projects of other regional programs, approves regional target programs and ensures their implementation;

may transfer to local self-government bodies the exercise of part of their powers in the manner prescribed by law;

organizes and maintains the register of municipal regulatory legal acts of the Chelyabinsk region;

has the right to propose to a local self-government body, an elected or other official of local self-government, to bring the legal acts issued by them in line with the legislation of the Russian Federation in the event that these acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the Charter (Basic Law) Chelyabinsk region, regional laws and other regulatory legal acts of the region, and also has the right to go to court;

has the right to form coordination, advisory bodies under the Government of the region;

forms other bodies of executive power, makes decisions on their creation, reorganization or liquidation;

concludes treaties (agreements) with the Government of the Russian Federation, other executive bodies of the Russian Federation, executive bodies of the constituent entities of the Russian Federation;

carries out examination of draft administrative regulations developed by the regional executive authorities;

approves the procedure for the development and adoption by local governments of administrative regulations for the implementation of municipal control by local governments in the relevant areas of activity;

approves the procedure for maintaining the state register of regional lotteries;

approves the standards for the minimum provision of the population with technical inspection points for the Chelyabinsk region and for its constituent municipalities;

establishes the maximum amount of payment for conducting a technical inspection in accordance with the Federal Law "On Technical Inspection of Vehicles and on Amendments to Certain Legislative Acts of the Russian Federation", the maximum amount of expenses for issuing duplicates of a technical inspection coupon and (or) a diagnostic card;

regulates legal relations in the provision of public services, including in multifunctional centers for the provision of public and municipal services;

establishes the specifics of filing and considering complaints against decisions and actions (inaction) of state authorities of the region and their officials, civil servants of state authorities of the region;

approves the procedure for the submission by persons applying for the position of the head of a state institution of the Chelyabinsk region, heads of state institutions of the Chelyabinsk region of information about their income, property and property obligations, as well as information about income, property and property obligations of their spouse and minors children;

exercises other powers established by federal laws, the Charter (Basic Law) of the Chelyabinsk region and the laws of the region, as well as agreements with federal executive bodies / 28 /.

Judicial power in the region is exercised only by courts represented by judges and jurors, people's and arbitration assessors involved in the prescribed manner in the administration of justice. The highest regional courts are Chelyabinsk Regional Court<#"justify">Constitution of the Russian Federation (adopted by popular vote on December 12, 1993)

Federal Law of October 6, 1999 N184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation"

Law of the Chelyabinsk Region of November 29, 2007 N 224-ZO (as amended on October 30, 2008) "On Amendments to Certain Laws of the Chelyabinsk Region" (signed by the Governor of the Chelyabinsk Region on December 13, 2007)

Law of the Chelyabinsk Region of May 25, 2006 N 22-ZO "Charter (Basic Law) of the Chelyabinsk Region" (as amended and supplemented)

Law of the Chelyabinsk Region of 28.10.2004 N 295-ZO (as amended on 29.11.2007) "On the Governor of the Chelyabinsk Region"

Law of the Chelyabinsk region of 28.11.2002 N 116-ZO "On the management scheme of the Chelyabinsk region"

Law of the Chelyabinsk Region of December 17, 2001 N 57-ZO "On the Government of the Chelyabinsk Region"

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Shuvalov, E.V. Constitutional law of the Russian Federation: Study guide [Text]: / E.V. Shuvalov / Moscow State University of Economics, Statistics and Informatics. - M., 2008 .-- 140 p.

4.2. The specifics of the organization of the authorities of the subjects of the Russian Federation

In accordance with the Constitution of the Russian Federation, the establishment of general principles for the organization of state power of the constituent entities of the Russian Federation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, and the system of public authorities is formed by the constituent entities of the Russian Federation independently in accordance with the foundations of the constitutional order and general provisions introduced by federal law. In the absence of the necessary laws, the functioning of state authorities of the constituent entities of the Russian Federation is regulated by decrees of the President of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Currently, in the Russian Federation there is no rigid model for the structure of the system of government bodies at the regional level. This is explained by the variety of types of subjects of the Federation, their multiplicity and, finally, the specificity of local characteristics and traditions in these state formations. Nevertheless, in general, the system of state authorities of the constituent entities should correspond to the generally accepted federal parameters of the organization.

The system of state power in a constituent entity of the Russian Federation is built in accordance with the Constitution of the Russian Federation and Federal Law No. 184-FZ of October 6, 1999 "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of Subjects of the Russian Federation" (as amended on November 8 2007).

The system of public authorities of a constituent entity of the Russian Federation includes: the legislative (representative) body, the supreme executive body and other public authorities of the constituent entity of the Russian Federation, which are formed in accordance with the constitution (charter) of this constituent entity of the Russian Federation. In addition, the position of the highest official of the constituent entity of the Russian Federation is established (the head of the supreme executive body of state power of the constituent entity of the Russian Federation).

The carriers of the judicial power in the constituent entities of the Federation in accordance with the Law of December 26, 1996 "On the judicial system of the Russian Federation" are the constitutional (statutory) courts of the constituent entities of the Russian Federation and justices of the peace, who are judges of general jurisdiction of the constituent entities of the Russian Federation.

Federal government bodies operating on the territory of a constituent entity of the Russian Federation are not included in the system of its government bodies. At the same time, federal executive bodies can exercise their powers on the territory of a constituent entity of the Federation both directly and through territorial bodies created by them.

Legislative (representative) body of state power of a constituent entity of the Russian Federationis the permanently acting supreme and only legislative authority of the constituent entity of the Russian Federation, elected by its population. All the main issues of organizing the activities of the legislative (representative) bodies of the subjects of the Federation are regulated in their constitutions, statutes and laws. The legislative body has the rights of a legal entity, has a stamp.

The name of the representative power body and the number of deputies (representatives), including those working on a full-time paid basis, are determined by the state power bodies of the constituent entity of the Russian Federation, taking into account historical, national and other conditions and traditions. For example, the Duma of the Chukotka Autonomous Okrug, the regional Duma (Saratov, Voronezh, Moscow, Kostroma regions, etc.), the People's Assembly (the Republic of Dagestan, Karachay-Cherkessia, Ingushetia), the Legislative Assembly (Altai Territory, Irkutsk, Kemerovo, Nizhny Novgorod regions etc.), the People's Khural (the Republic of Buryatia and the Republic of Kalmykia), the Supreme Khural (the Republic of Tyva), the State Assembly - Kurultai (the Republic of Bashkortostan), the Legislative Sulgan (Evenk Autonomous Okrug), the State Council of Khase of the Republic of Adygea, etc.

The federal law "On general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" defines the structure and methods of forming the legislative body of state power. Deputies of the legislative body of state power of a constituent entity of the Russian Federation are elected by citizens of the Russian Federation residing in the territory of the constituent entity of the Russian Federation and having an active right to vote. A deputy may be a citizen of the Russian Federation who, in accordance with federal legislation, the constitution (charter) and (or) the law of a constituent entity of the Russian Federation, has a passive electoral right.

Basically, the parliaments of the subjects of the Russian Federation are unicameral, they consist of no more than 50 deputies. Parliaments also meet with a large number of deputies. The number of deputies of the legislative body is established by the constitution (charter) of the subject of the Russian Federation. Thus, the People's Assembly of Ingushetia - of 27 members, the Saratov Regional Duma of the fourth convocation consists of 36 (previously out of 35) deputies, the State Council of the Republic of Tatarstan - of 100; legislative (representative) body of Adygea - out of 54; Altai - from 41; North Ossetia - Alania - out of 75, etc. A legislative (representative) body of state power of a constituent entity of the Russian Federation is competent if at least two thirds of the established number of deputies are elected to the said body. Bicameral representative bodies operate in the Republic of Bashkortostan - the State Assembly (the Chamber of Representatives and the Legislative Chamber), the Parliament of the Kabardino-Balkarian Republic (the Council of the Republic and the Council of Representatives), the State Assembly (Il Tumen) of the Republic of Sakha (Yakutia) (the Chamber of the Republic and the Chamber of Representatives), Legislative Assembly of the Sverdlovsk Region (House of Representatives and Regional Duma). Their competence is similar to the competence of the corresponding chambers of the Federal Assembly of the Russian Federation.

At least 50% of the deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation (in the bicameral legislative (representative) body of the constituent entity of the Russian Federation - at least 50% of the deputies of one of the chambers of this body) must be elected in a single electoral district in proportion to the number of votes cast for the lists of candidates to deputies nominated by electoral associations in accordance with the electoral legislation. The term of office of deputies of one convocation may not exceed five years.

The costs of supporting the activities of the legislative body of state power of the constituent entity of the Russian Federation are provided for in the budget of the constituent entity of the Russian Federation separately from other expenses in accordance with the budget classification of the Russian Federation. Management and disposal of funds of the budget of a constituent entity of the Russian Federation in the process of its execution by the legislative body, individual deputies or groups of deputies are not allowed. At the same time, the powers of the legislative body of the constituent entity of the Russian Federation to control the execution of the budget of the constituent entity of the Russian Federation are not limited. The competence of a meeting of the legislative body of a constituent entity of the Russian Federation is determined by the law of the constituent entity of the Russian Federation. At the same time, a meeting of the legislative (representative) body of state power of a constituent entity of the Russian Federation cannot be considered competent if it is attended by less than 50% of the number of elected deputies. Such a qualified meeting shall be held at least once every three months.

The newly elected legislative (representative) body of state power of the constituent entity of the Russian Federation shall meet for the first meeting within the period established by the constitution (charter) of the constituent entity of the Russian Federation, which may not exceed thirty days from the date of its election. Meetings of the legislative body of a constituent entity of the Russian Federation are open, except for the cases established by regulatory enactments.

The order of work of the legislative (representative) bodies of the constituent entities of the Russian Federation is determined by their regulations. They usually elect from among their members a chairman and his deputies who direct the work of this body. The representative authorities of the constituent entities of the Russian Federation are permanent bodies, although they work in a session manner. Sessions of the legislative body are open, but a closed form is also allowed, which is established by the regulations of this body. For preliminary consideration and preparation for hearing of issues related to the jurisdiction of these bodies, permanent and temporary commissions (committees) are created from among the deputies.

The right of legislative initiative in the legislative (representative) body of state power of the constituent entity of the Russian Federation shall be vested in deputies, the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation), and representative bodies of local self-government. The constitution (charter) of a constituent entity of the Russian Federation may grant the right to legislative initiative to other bodies, public associations, as well as to citizens residing in the territory of this constituent entity of the Russian Federation. Bills submitted by the highest official of a constituent entity of the Russian Federation are considered on his proposal as a matter of priority.

The legislative (representative) body of state power of the subject of the Russian Federation adopts the constitution (charter) of the subject of the Russian Federation and amendments to it; carries out legislative regulation on the subjects of jurisdiction of the constituent entity of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation within the powers of the constituent entity of the Russian Federation and exercises other powers. Other powers include the election to the office, for example, of the Commissioner for Human Rights, judges of the constitutional (statutory) court, a member of the Federation Council from the legislative body of a given constituent entity of the Russian Federation, as well as the empowerment of a senior official of a constituent entity of the Russian Federation.

The powers of the legislature are quite extensive. It:

approval of programs for the socio-economic development of the region;

the establishment of taxes and fees and the procedure for their collection on the subjects of jurisdiction of the subject);

the establishment of the procedure for the formation and operation of off-budget and foreign exchange funds, the establishment of reporting on the expenditure of these funds;

management and disposal of the property of a constituent entity of the Russian Federation;

approval and termination of contracts of a constituent entity of the Russian Federation;

establishment of the procedure for the appointment and conduct of a referendum of a constituent entity of the Russian Federation;

establishing the procedure for holding elections to the legislative body of a constituent entity of the Russian Federation;

holding elections to local government bodies;

activities of local government bodies of a constituent entity of the Russian Federation;

determination of the administrative-territorial structure and the procedure for changing it;

approval of the management scheme of the subject, determination of the structure of the highest executive body of state power of the subject of the Russian Federation.

The law of the subject of the Russian Federation:

1) the following are approved: the budget of the constituent entity of the Russian Federation and a report on its implementation and programs for the socio-economic development of the constituent entity of the Russian Federation submitted by the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation); budgets of territorial state extra-budgetary funds of a constituent entity of the Russian Federation and reports on their implementation; conclusion and termination of contracts of a constituent entity of the Russian Federation;

2) establish: the procedure for holding elections to local self-government bodies on the territory of a constituent entity of the Russian Federation within the limits of their powers established by federal law; taxes and fees attributed to the jurisdiction of the constituent entity of the Russian Federation, as well as the procedure for their collection; the procedure for managing the property of a constituent entity of the Russian Federation; the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation; elections to the legislative (representative) body of state power of the subject of the Russian Federation; the administrative-territorial structure of a constituent entity of the Russian Federation and the procedure for changing it; the system of executive bodies of state power of the constituent entity of the Russian Federation;

3) other issues are regulated which, in accordance with the Constitution of the Russian Federation, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, to the jurisdiction and powers of the constituent entity of the Russian Federation.

By the resolution of the legislative (representative) body of state power of the subject of the Russian Federation:

the regulations of the said body are adopted and issues of the internal order of its activities are resolved;

a decision is drawn up to vest a citizen of the Russian Federation on the proposal of the President of the Russian Federation with the powers of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity of the Russian Federation) If the constitution (charter) of a constituent entity of the Russian Federation provides for a bicameral legislative (representative) body of state power of the constituent entity of the Russian Federation, this decision is made at a joint meeting of the chambers;

individual officials of the constituent entity of the Russian Federation are appointed and dismissed, consent is drawn up for their appointment to the position, if such an appointment procedure is provided for by the Constitution of the Russian Federation, federal laws and the constitution (charter) of the constituent entity of the Russian Federation;

the date of elections to the legislative (representative) body of state power of the subject of the Russian Federation is set;

a referendum of a constituent entity of the Russian Federation is appointed in cases stipulated by the law of a constituent entity of the Russian Federation;

a decision on no confidence (trust) in the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) is drawn up, as well as a decision on no confidence (trust) in the heads of executive bodies of the constituent entity of the Russian Federation, in whose appointment the legislative (representative) government body of the constituent entity of the Russian Federation took part;

an agreement on changing the boundaries of the constituent entities of the Russian Federation is approved;

the draft agreement on the delineation of powers is approved;

appointed to the position of a judge of a constitutional (charter) court of a constituent entity of the Russian Federation and formalized other decisions on issues of jurisdiction.

The constitution (charter) of a constituent entity of the Russian Federation, amendments to it (to it) are adopted by a majority of at least two-thirds of the established number of deputies. The laws of a constituent entity of the Russian Federation are adopted by a majority vote of the established number of deputies. Resolutions of the legislative (representative) body of state power of a constituent entity of the Russian Federation are adopted by a majority vote of the number of elected deputies.

The draft law of the constituent entity of the Russian Federation is considered by the legislative (representative) body of state power of the constituent entity of the Russian Federation in at least two readings. A decision on the adoption or rejection of a draft law, as well as on the adoption of a law, shall be formalized by a resolution of the legislative (representative) body of state power of the subject of the Russian Federation.

Draft laws providing for expenses covered by the budget of a constituent entity of the Russian Federation are considered by the legislative body on the proposal of a senior official or if there is an opinion of the said person within a period of at least 14 calendar days.

The laws adopted by the legislative body are sent to the highest official of the constituent entity of the Russian Federation for promulgation within a period not exceeding 14 calendar days. In case of rejection of the law, it can be approved in the previously adopted version by a majority of at least 2/3 of votes of the established number of deputies. A law approved in this way cannot be rejected by a senior official of a constituent entity of the Russian Federation and is subject to publication within a specified period.

The constitution (charter) and the law of the constituent entity of the Russian Federation enter into force after their official publication. Laws and other normative legal acts of a constituent entity of the Russian Federation on the protection of human and civil rights and freedoms enter into force no earlier than ten days after their official publication.

The authorities of the constituent entities of the Russian Federation ensure the compliance of their activities and adopted regulatory legal acts with federal legislation. Their responsibility was established for violating the Constitution of the Russian Federation, federal laws, ignoring court decisions, as a result of which obstacles were created for the work of federal authorities, local self-government, human rights and freedoms, the interests of legal entities protected by law were violated.

The powers of the legislative body of state power of a constituent entity of the Russian Federation may be terminated early in the following cases:

making a decision on self-dissolution;

dissolution by the highest official of a constituent entity of the Russian Federation;

the entry into force of a court decision on the incompetence of this composition of deputies, including in connection with the resignation of their powers.

The right to early terminate the powers of the legislative (representative) body of state power of a constituent entity of the Russian Federation is vested in the highest official of the constituent entity of the Russian Federation and the President of the Russian Federation. The highest official of a constituent entity of the Russian Federation, within three months from the date of entry into force of the decision of the corresponding court, has the right to early terminate the powers of the legislative body in the event of:

the adoption by him of a regulatory legal act that contradicts the Constitution of the Russian Federation, federal laws, the constitution (charter) of a constituent entity of the Russian Federation, if such contradictions are established by the relevant court and are not eliminated by the legislative body within six months from the date of entry into force of the court decision;

if it is established by a decision of the relevant court that has entered into force that the legislative (representative) body of state power of the constituent entity of the Russian Federation elected in the competent composition has not held a meeting for three consecutive months.

This decision is made in the form of a decree (resolution).

The President of the Russian Federation also has the right to issue a warning to the legislative (representative) body of state power of the subject of the Russian Federation in the form of a decree. If, within three months from the date of the warning, the said body has not taken appropriate measures to enforce the court decision, the President of the Russian Federation has the right to dissolve the legislative (representative) body of state power of the constituent entity of the Russian Federation (the President of the Russian Federation submits to the State Duma a draft law on the dissolution of the legislative body, and The State Duma is obliged to consider this draft within two months). The period during which the President of the Russian Federation has the right to issue a warning to the legislative (representative) body of state power of a constituent entity of the Russian Federation or to make a decision on the dissolution of this body may not exceed one year from the date of entry into force of the court decision.

Another case of early termination of the powers of the legislative body of a constituent entity of the Russian Federation is associated with the rejection of the candidacy of the highest official of the Russian Federation presented by the President of the Russian Federation. If, after being submitted for the third time to the post of the highest official of a constituent entity of the Russian Federation, the legislative (representative) body of state power of the constituent entity made a decision to reject it or did not decide to reject or endow the specified candidate with the powers of an official of the constituent entity of the Russian Federation, the President of the Russian Federation has the right to dissolve the legislative (representative) body of state power of a constituent entity of the Russian Federation.

In the event of an early termination of the powers of the legislative body of a constituent entity of the Russian Federation, extraordinary elections are appointed, which are held no later than 120 days (6 months) from the date of entry into force of the decision on the early termination of its powers.

The system of executive authorities of the subjects of the Russian Federation. The executive power in the constituent entities of the Russian Federation is part of the unified state power of the Russian Federation. The executive authorities are of priority importance in the triad of branches of government, which determines their leading role in managing the most important processes in the state and the region. In a constituent entity of the Russian Federation, a system of executive authorities is established, headed by the highest executive body of state power of the constituent entity of the Russian Federation.

In accordance with the Constitution of the Russian Federation, the federal executive bodies and executive bodies of the constituent entities of the Russian Federation form a single system of executive power in the Russian Federation on matters of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. The unity of this system presupposes a greater structural and functional similarity of executive bodies of both federal and subjects of the Federation, an increased degree of organizational and legal interaction and a certain subordination. Based on the provisions of Art. 78 of the Constitution of the Russian Federation, federal executive bodies and executive bodies of the constituent entities of the Russian Federation, upon mutual agreement, can transfer to each other the exercise of some of their powers.

The structure of the executive bodies of state power of the constituent entity of the Russian Federation is determined by the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) in accordance with the constitution (charter) of the constituent entity of the Russian Federation.

The main feature of the organization of the executive bodies of state power of the constituent entities of the Russian Federation is a two-level system of legal regulation, conditioned by the following factors: first, the delimitation of the subjects of jurisdiction and powers between the Russian Federation and its constituent entities; secondly, the need to ensure the unity of the system of executive authorities. On the one hand, the constituent entities of the Russian Federation independently form the system of executive authorities on their territory. On the other hand, the federal executive authorities and the authorities of the constituent entities of the Federation form a single system of executive authorities in the Russian Federation. As a result, different systems of executive authorities interact on the territory of each subject of the Federation: federal authorities; executive bodies of this constituent entity of the Federation, as well as municipal bodies of local self-government. It should be noted that the mechanism of optimal interaction between the executive bodies of power at all levels is still poorly developed.

The structure of the executive bodies of state power in the constituent entities of the Russian Federation is represented mainly by two models: one-man management in the leadership of the executive body and collegiality in management. The first model: a senior official, the head of the executive branch in a constituent entity solely creates the structure of the administration of the constituent entity of the Russian Federation, is endowed with various powers in the field of the formation of executive authorities, the structure of administration, budget, finance and accounting, property management, interaction with institutions and enterprises of various forms of ownership, as well as in the sectors and spheres of economic and socio-cultural development, carries out direct management of all structural divisions of the approved administration structure. The powers of a senior official include:

the right to legislative initiative; signing and publishing laws;

a suspensive veto on laws;

the exclusive right to submit bills on the budget, plans for the socio-economic development of the region, the organizational structure of the executive branch.

Most of the statutes of the constituent entities of the Russian Federation provide for a mechanism that restrains the power of senior officials, heads of the executive branch of the subject - the right of a representative body to approve deputies, the structure of the administration, expenses for its maintenance, hearing annual reports on the activities of the administration, the right to early terminate the powers of a senior official, etc.

The second model of the structure of the administration of a constituent entity of the Russian Federation assumes the establishment of the government as an independent organizational and legal form of executive power with normatively established competence, powers in establishing executive and administrative functions. The government has two beginnings:

1) it issues normative acts that are generally valid for the entire population of the territory, that is, it is the bearer of public law;

2) the government is a legal entity, that is, the subject of civil law, private law relations, can conclude transactions in the field of property, land and other relations.

There is an intermediate model for organizing the administration: the government is not a legal entity and is not an independent entity - its status is, rather, a collegium under the governor.

Different models of the executive power of the constituent entities of the Russian Federation do not provide a single legal and administrative and managerial field in the country. In the constitutions of the republics and charters, the ratio of acts of legal force of those that are issued locally and acts of the federal government, which has no direct administrative impact on the organizational and legal bodies of executive power of the constituent entities of the Russian Federation, is not determined.

Executive authorities in the republics of the Russian Federation function, as a rule, on the basis of one of the above options.

1. The highest executive body of the republic is headed and forms the highest official independently. In this case, the highest executive body (government) is fully responsible to the highest official of the subject of the Federation. This characterizes the system of executive bodies of the presidential republics.

2. The supreme executive body has “double responsibility”: to the highest official of the constituent entity of the Russian Federation and to the legislative body of the constituent entity of the Federation. The highest official is not the head of the executive branch directly, since there is the position of the chairman of the government. This is typical for mixed, semi-presidential republics and most of the territories and regions.

3. Under a collegial system of formation and organization of executive power in parliamentary republics, the executive power (government) is formed by a representative legislative body. This is the case in the Udmurt Republic, the Republic of Dagestan.

The structure of the republican executive authorities is characterized by great diversity, which follows from the variety of models of organization of the system of executive authorities in the republics.

The highest executive body of state power of a constituent entity of the Russian Federationis a permanent executive body of the constituent entity of the Russian Federation and ensures the implementation of the normative legal acts of Russia and the constituent entity of the Russian Federation. Based on the constitutional principle of the division of state power into legislative, executive and judicial, acting not only at the federal, but also at the level of the constituent entities of the Federation, the supreme executive body of state power of the constituent entity of the Russian Federation exercises its powers independently.

The name, structure, procedure for the formation of the highest executive body of state power of a constituent entity of the Russian Federation are established by the constitution (charter) and laws of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of the constituent entity of the Russian Federation: government (Buryatia, Dagestan, Saratov region, etc.) , Cabinet of Ministers (Tatarstan, Bashkortostan, Chuvash Republic), administration (Tambov, Irkutsk regions, etc.).

In the republics, the body of executive power of general competence is most often the government (council of ministers) headed by the president of the republic or the chairman of the government. In other constituent entities, the executive authority of general competence is the administration of the constituent entity of the Russian Federation headed by the governor; other forms are also possible.

In accordance with the Law "On General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Constituent Entities of the Russian Federation", a system of executive power bodies is established in the constituent entity of the Russian Federation, headed by a permanently acting supreme executive body of state power of the constituent entity of the Federation, headed by its highest official.

Although the main role in the formation of the highest executive body belongs to the highest official of the constituent entity of the Russian Federation, the legislative body may also have powers in this area. In particular, to approve or agree on the appointment of individual officials of the executive bodies of both the constituent entity of the Russian Federation itself and the territorial bodies of the Russian Federation, if provided by law. In addition, the legislature has the right to express no confidence in the officials in whose appointment it participated. The adoption of such a decision entails immediate dismissal of the head.

The tasks of the executive authorities of the constituent entity of the Russian Federation include the implementation of the Constitution of the Russian Federation and federal laws, decrees of the President and decrees of the Government of the Russian Federation, legislation of the constituent entity of the Russian Federation. The executive authorities of the Russian Federation issue decrees, resolutions, orders. Resolutions and orders of the Government of the Russian Federation are binding on the entire territory of the Russian Federation. Decrees, decrees and orders of the executive authorities of the constituent entities of the Russian Federation and local self-government are binding on the territory of the constituent entity of the Russian Federation and the municipal formation.

The highest executive body of state power of a constituent entity of the Russian Federation:

develops and implements measures to ensure the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, health care, culture, social security and ecology;

takes measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, counter terrorism and extremism, and fight crime;

develops the draft budget and socio-economic development programs for submission by the senior official of the constituent entity of the Russian Federation for approval to the legislative body and ensuring their implementation;

forms other executive bodies of the constituent entity of the Russian Federation;

manages and disposes of the property of the constituent entity of the Russian Federation, and also manages federal property transferred to the management of the constituent entity of the Russian Federation;

has the right to propose to a local self-government body, an elected or other official of local self-government, to bring the legal acts issued by them into line with the legislation of the Russian Federation in the event that these acts contradict the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, the constitution (charter), laws and other regulatory legal acts of a constituent entity of the Russian Federation, and also has the right to go to court;

exercises other powers assigned by the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation and legal acts of the legislative bodies of the constituent entities of the Russian Federation.

The legislative and supreme executive bodies of state power of the constituent entity of the Russian Federation interact in order to effectively manage the processes of economic and social development and in the interests of the population. Legal acts of the executive branch are sent to the legislative body, which has the right to propose amendments or additions to them or to cancel them, as well as to appeal against these acts in court. The highest official of a constituent entity of the Russian Federation has the right to apply to the legislative body with a proposal to amend and amend the resolution of the legislative body or to cancel them, as well as appeal against these resolutions in court. The legislative body sends to the senior official the plans for legislative work and draft laws of the constituent entity of the Russian Federation. The meetings of the legislative body may be attended with the right of an advisory vote by the heads of the executive authorities or persons authorized by them. Deputies or employees of the legislative body may be present at meetings of executive bodies.

The executive power of the region in certain areas of activity is controlled by the legislative power, which is due to its essence as a power called upon to execute laws. The forms of control can be reports of the executive body on the results of work at meetings of the legislative body, the obligatory presence of the head of the executive body at sessions, appointment and dismissal of key leaders of the highest executive body in agreement with the legislative body. The legislative body approves reports of the executive body on budget execution, use of budgetary funds and extra-budgetary funds, implementation of socio-economic development programs. The heads of the executive body respond to inquiries and appeals from deputies.

Possible disputes between the legislative and supreme executive bodies on the exercise of their powers are resolved in accordance with conciliation procedures or in court.

The delineation of powers of representative and executive bodies of state power is carried out on the basis of laws on state bodies adopted in the constituent entities of the Russian Federation. The boundaries of the independence of each branch of government are determined in the statutes adopted in the region, territory. In each subject of the Russian Federation, these and other issues of authority are resolved in different ways.

Representative offices of the constituent entities of the Russian Federation are opened under the Government of the Russian Federation, whose tasks include communication and coordination of the executive and legislative authorities of the federal level with similar branches of power in the region, coordination on the development of the regional budget, the implementation of targeted programs, etc.

Federal executive bodies (ministries and departments) form their own subdivisions in the regions - territorial bodies. The territorial bodies of the ministries and departments of Russia perform both national and regional functions. They represent the relevant federal executive authorities in their relations with the executive authorities of the constituent entities of the Russian Federation. The creation of a territorial body is carried out by the relevant federal executive body in agreement with the administrations of the constituent entities of the Russian Federation. In accordance with the Decree of the President of the Russian Federation of July 2, 2005 No. 733 "Issues of organizing interaction and coordination of the activities of executive bodies of the constituent entities of the Russian Federation and territorial bodies of federal executive bodies", the head of the territorial body is appointed and dismissed by the relevant ministry or department in agreement with the subject of the Russian Federation ...

Issues of interaction between the executive bodies of the constituent entities of the Russian Federation and the territorial bodies of the federal executive bodies are regulated by the Decree of the Government of the Russian Federation of December 5, 2005 No. 725 "On interaction and coordination of the activities of the executive bodies of the constituent entities of the Russian Federation and the territorial bodies of federal executive bodies."

The main principles of the activities of territorial bodies are: separation of powers, delimitation of jurisdiction between federal executive bodies and executive bodies of the constituent entities of the Russian Federation, personal responsibility, observance of the rule of law. The functions of territorial bodies are determined based on the specifics of the activities of the relevant ministries and departments of Russia, taking into account the specific characteristics of the regions. They participate in the state regulation of the economic and social development of the constituent entities of the Russian Federation, the development of options for interregional cooperation, the implementation of measures aimed at deepening economic reforms, etc.

The territorial bodies carry out their activities under the leadership of the federal body, and on issues falling within the competence of the constituent entity of the Russian Federation, in cooperation with their respective executive bodies. To prevent the dependence of territorial bodies on the administrations of the constituent entities of the Russian Federation, the merger of the central and regional elite in order to satisfy their vested interests, interregional representative offices are created, common for several constituent entities of the Russian Federation.

Territorial bodies receive information for their activities from ministries and departments, executive authorities of the constituent entities of the Russian Federation, statistics bodies, enterprises and organizations, regardless of their form of ownership. The number of territorial subdivisions of federal executive bodies is determined by the number of federal ministries and departments that have their representative offices in a constituent entity of the Federation, and may amount to several dozen. The main ones are subdivisions of power ministries, economic services, and supervisory bodies.

Financing of the activities of territorial bodies is carried out, as a rule, at the expense of the federal budget, as well as the budgets of the constituent entities of the Russian Federation. The maximum number and wage fund of employees of territorial bodies are established. The executive authorities of the constituent entities of the Russian Federation provide assistance to the territorial authorities in creating the conditions necessary for their work.

The highest official of a constituent entity of the Russian Federation(the head of the highest executive body of state power of a constituent entity of the Russian Federation) may be a citizen of the Russian Federation who does not have the citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state, and who has reached the age of 30.

The name of the position of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) is established by the constitution (charter) of the constituent entity of the Russian Federation, taking into account the historical, national and other traditions of this constituent entity of the Russian Federation. For example, the president (the republics of Adygea, Buryatia, Tyva, etc.), the head of the republic (the Komi Republic), the chairman of the government (Karelia and Khakassia), the governor (Tver, Leningrad regions, the city of St. Petersburg, etc.), head of administration (Kostroma, Novgorod regions, etc.). In a number of regions, a double name is allowed: "head of administration (governor) of the region" (Rostov, Omsk, Kaliningrad, etc.), "governor (head of administration) of the region" (Samara, Nizhny Novgorod). And only in Moscow, a city of federal significance, a senior official is called the mayor.

Previously, the highest official of a constituent entity of the Russian Federation was elected by citizens of the Russian Federation residing on the territory of a constituent entity of the Russian Federation, on the basis of universal, equal and direct suffrage by secret ballot. However, the changes that were made to the Federal Law on December 11, 2004 established a different procedure for appointing the highest official of a constituent entity of the Russian Federation. (The regulation on the procedure for considering candidates for the position of a senior official (head of the supreme executive body of state power) of a constituent entity of the Russian Federation was approved by Decree of the President of the Russian Federation No. 1603 of December 27, 2004.)

A citizen of the Russian Federation is vested with the powers of a senior official of a constituent entity of the Russian Federation (the head of the supreme executive body of state power of a constituent entity of the Russian Federation) on the proposal of the President of the Russian Federation (with a preliminary presentation of at least two candidates for this position by the plenipotentiary of the President of the Russian Federation in the federal district on the basis of consultations to the Presidential Administration ) by the legislative assembly of the subject of the Russian Federation. At the same time, he can be endowed with the powers of the highest official of a constituent entity of the Russian Federation for a period not exceeding five years. The proposal on the candidacy of the highest official of a constituent entity of the Russian Federation is submitted by the President of the Russian Federation after preliminary consultations to the legislative (representative) body of a state constituent entity of the Russian Federation no later than 35 days before the expiration of the term of office of the highest official of the constituent entity of the Russian Federation.

The legislative (representative) body of state power of the constituent entity of the Russian Federation considers the candidacy of the highest official of the constituent entity of the Russian Federation (head of the supreme executive body of state power of the constituent entity) presented by the President of the Russian Federation within 14 days from the date of submission of the submission. If the constitution (charter) of the constituent entity of the Russian Federation provides for a bicameral legislative body of state power of the constituent entity of the Russian Federation, the decision on vesting a citizen of the Russian Federation with the powers of the highest official of the constituent entity of the Russian Federation shall be made at a joint meeting of the chambers.

The decision to vest a citizen of the Russian Federation with the powers of the highest official of a constituent entity of the Russian Federation shall be considered adopted if more than half of the established number of deputies of the legislative (representative) body of state power of the constituent entity of the Russian Federation voted for him. If the constitution (charter) of the constituent entity of the Russian Federation provides for a bicameral legislative (representative) body of state power of the constituent entity of the Russian Federation, such a decision shall be considered adopted if more than half of the established number of deputies of each of the chambers of the legislative body of the constituent entity of the Russian Federation voted for it.

If the legislative (representative) body of the constituent entity of the Russian Federation rejects the proposed candidacy by the President of the Russian Federation, no later than seven days from the date of rejection, the proposal for the candidacy is re-submitted. In the event of a two-fold rejection of the submitted candidacy for the highest official of the constituent entity of the Russian Federation, as well as in other cases, the President of the Russian Federation shall appoint an interim official of the constituent entity of the Russian Federation for a period of not more than six months.

Restrictions: the highest official of a constituent entity of the Russian Federation (the head of the supreme executive body of state power of a constituent entity of the Russian Federation) cannot simultaneously be a deputy of the State Duma of the Federal Assembly of the Russian Federation, a member of the Federation Council of the Federal Assembly of the Russian Federation, a judge, or fill other public offices of the Russian Federation, public offices federal public service, other public offices of this constituent entity of the Russian Federation or public offices of the civil service of a constituent entity of the Russian Federation, as well as elective municipal offices and municipal posts of municipal service, cannot engage in other paid activities, except for teaching, scientific and other creative activities, unless otherwise provided by the legislation of the Russian Federation.

The competence of the highest official of the constituent entity of the Russian Federation includes: a) representative powers (represents the constituent entity of the Russian Federation in relations with the authorities, in the implementation of foreign economic relations, signs contracts and agreements on behalf of the constituent entity of the Russian Federation);

b) legislative powers (promulgates laws, certifying their promulgation by signing or issuing special acts, or rejects laws adopted by the legislative body of the constituent entity of the Russian Federation; participates in the work of the legislative body with an advisory vote; has the right to demand the convening of an extraordinary meeting of the legislative body of the constituent entity of the Russian Federation, as well as to convene the newly elected legislative body for the first meeting earlier than the deadline established by the constitution (charter) of the subject of the Russian Federation;

c) management powers (forms the supreme executive body of the constituent entity of the Russian Federation in accordance with the legislation of the constituent entity of the Russian Federation and decides on the resignation of the supreme executive body of state power of the constituent entity of the Russian Federation);

d) coordination powers (in accordance with the legislation of the Russian Federation, it can organize interaction between the executive authorities of the constituent entity of the Russian Federation with the federal executive authorities and their territorial bodies, other state authorities of the constituent entities of the Russian Federation, local self-government bodies and public associations);

e) other powers in accordance with federal laws, the constitution (charter) and laws of the subject of the Russian Federation. For example, the highest official of a constituent entity of the Russian Federation appoints a member of the Council of the Russian Federation. As a member of the State Council, an advisory body under the President of the Russian Federation, he participates in the formation of state policy in Russia, naturally, lobbying at the same time the interests of his region.

The highest official of a constituent entity of the Russian Federation is endowed with the right of legislative initiative. At the same time, the bills submitted by him are considered on his proposal as a matter of priority. The highest official of a constituent entity of the Russian Federation in cases established by law has the right to dissolve the legislative body of the constituent entity of the Russian Federation. A means of influencing the legislative process is the veto right of the highest official of the constituent entity of the Russian Federation provided for by the constitutions and charters of the constituent entities of the Russian Federation. In addition, the highest official of a constituent entity of the Russian Federation, on issues attributed to his jurisdiction, adopts his own acts in the form of decrees (resolutions) and orders. They come into force from the moment they are signed, unless otherwise specified in the act itself, and are binding on the subject of the Russian Federation. In addition, these acts should be sent to the legislative body of a constituent entity of the Russian Federation, which has the right to appeal to a senior official with a proposal to amend or supplement or cancel them, as well as appeal to a court. A senior official has the same power in relation to legislative decisions.

In cases where a senior official of a constituent entity of the Russian Federation temporarily (due to illness or vacation) cannot perform his duties, they are performed by an official provided for by the constitution (charter) of the constituent entity of the Russian Federation.

Early termination of powers of the highest official of the constituent entity of the Russian Federation (the head of the supreme executive body of state power of the constituent entity of the Russian Federation) occurs in the event of:

his death;

his resignation of his own free will;

his removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the legislative (representative) body of the subject of the Russian Federation;

Chapter 2. POWERS OF FEDERAL STATE AUTHORITIES, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL SELF-GOVERNMENT BODIES IN THE FIELD OF PROVIDING CITIZENS WITH FREE LEGAL AUTHORITY OF THE PRESIDENT 9. Article 9.

Article 4. Normative legal acts of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees (as amended by Federal Law of June 29, 2004 N 58-FZ) 1. Normative acts of ministries and

Chapter 19.1. EXERCISE OF BUDGETARY AUTHORITIES OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE INTRODUCTION OF INTERIM FINANCIAL ADMINISTRATION Article 168.1. The concept of temporary financial administration Temporary

Chapter 2. POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION, LOCAL GOVERNMENT BODIES IN THE FIELD OF URBAN PLANNING ACTIVITIES Article 6. Powers of bodies of state power

24. Powers of the bodies of state power of the constituent entities of the Russian Federation in the field of local self-government Powers of the bodies of state power of the constituent entities of the Russian Federation in the field of local self-government: legal regulation of the organization of local self-government in the constituent entities of the Russian Federation in the cases and procedure established by the basic Federal Law on local self-government;

Chapter 19.1. EXERCISE OF BUDGETARY AUTHORITIES OF STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE INTRODUCTION OF THE INTERIM FINANCIAL ADMINISTRATION (introduced by the Federal Law of 20.08.2004) No. 168.1. Time concept

Article 4. Normative legal acts of the Government of the Russian Federation, federal executive bodies, executive bodies of the constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees 1. Government

What is the specificity of the evidence and the consequences of considering cases on challenging decisions and actions (inaction) of state authorities, local authorities, officials, state and municipal employees? During the proceedings, the court

1. The constitutional and legal foundations of the organization of state power of the subjects, the delimitation of the subjects of jurisdiction of the Russian Federation and the subjects of the Russian Federation Let us consider the main features of the Russian Federation from the point of view of the organization of public administration.

Article 7. Participation of prosecutors in meetings of federal legislative and executive bodies, representative (legislative) and executive bodies of constituent entities of the Russian Federation, local government bodies 1. Prosecutor General of the Russian Federation

Section II. POWERS OF FEDERAL STATE AUTHORITIES, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE FIELD OF HEALTH PROTECTION (as amended by the Federal Law of 08.22.2004

Chapter II. POWERS OF STATE AUTHORITIES OF THE RUSSIAN FEDERATION, STATE AUTHORITIES OF SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES IN THE FIELD OF SAFE HANDLING OF PESTICIDES AND AGROPOLITIES

ARTICLE 5. The Powers of the Bodies of State Power of the Russian Federation and Bodies of State Power of the Constituent Entities of the Russian Federation to Implement Guarantees of the Rights of the Child in the Russian Federation

Article 4. Normative legal acts of federal executive bodies, executive bodies of the constituent entities of the Russian Federation, executive bodies of local self-government on taxes and fees (as amended by Federal Law No. 58-FZ dated 29.06.2004) 1. Federal

80. The system of public authorities of the constituent entities of the Russian Federation In accordance with the Constitution of the Russian Federation, the activities of public authorities of a constituent entity of the Russian Federation are carried out in accordance with the following principles: 1) state and territorial

1) state and territorial integrity of the Russian Federation (i.e., the subjects of the Russian Federation are not entitled to form bodies of power not established by the Constitution of the Russian Federation and other federal laws; it is inadmissible to establish any other boundaries between individual subjects of the Russian Federation, rather than administrative-territorial ones, and it is inadmissible to establish by the subjects of the Russian Federation border marks, customs and customs duties);

2) sovereignty of the Russian Federation applies to the entire territory of the Russian Federation (i.e., the Russian Federation exercises its exclusive powers in any of its subjects and in all subjects at the same time equally, no authority has the right to limit the sovereignty of the Russian Federation);

3) supremacy of the Constitution of the Russian Federation (that is, when forming public authorities in the constituent entities of the Russian Federation and establishing their competence, it is necessary to observe the provisions of the Constitution of the Russian Federation concerning the relevant bodies. And this principle also means that all acts adopted by the authorities of the constituent entities of the Russian Federation must comply with the Constitution of the Russian Federation and must not concern issues that are not within the competence of the relevant authority);

4) unity of the state power system both at the federal level and in the constituent entities of the Russian Federation (i.e., within the jurisdiction of the Russian Federation and its powers in matters of joint jurisdiction of the Russian Federation and its constituent entities, federal bodies of state power and bodies of state power of the constituent entities of the Russian Federation form a single system of state power of the Russian Federation, thus, the competence of these bodies is similar to each other, but is limited by the territorial limits of the corresponding subject of the Russian Federation and the subjects of jurisdiction fixed in the Constitution of the Russian Federation);

5) division of power into three branches: legislative, executive and judicial (i.e., the principle of separation of powers into legislative, executive and judicial should be observed not only in relation to the highest federal bodies of state power, but also in the regions when forming the relevant bodies);

6) delimitation of the jurisdiction of the Russian Federation, the constituent entities of the Russian Federation and local authorities (that is, the federal authorities are granted the right, by agreement with the authorities of the constituent entities of the Russian Federation, to transfer to the latter part of their powers. In turn, the authorities of the constituent entities of the Russian Federation, by agreement with the federal authorities, have the right to transfer their powers to them, thus carrying out the correspondence of powers within the unified system There are a number of powers that cannot be transferred, excluded or otherwise redistributed between different levels of government: subjects of jurisdiction of the Russian Federation; subjects of joint jurisdiction of the Russian Federation and its subjects; subjects of jurisdiction of subjects of the Russian Federation);

7) non-interference of the state authorities of the constituent entities of the Russian Federation in the competence of the state authorities of the Russian Federation (i.e., despite the unity of the system of state authorities, neither the federal authorities, nor the authorities of the constituent entities of the Russian Federation have the right to exercise powers outside their competence, established by the Constitution of the Russian Federation, laws or treaties on the delimitation of jurisdiction between these bodies).

A federal state assumes the existence of at least two levels of government: the federal and the level of the subjects. The Russian Federation as a federal state is characterized by the presence of several levels of government: the federal level, regional (subjects of the Federation) and local (local government bodies). The system of three-tier power is one of the signs of a democratic state, and the division of powers between these levels of power is a sign of its decentralization.

The system of state power in Russia has two levels - federaland regional.The Constitution regulates both the exclusive powers of the federal bodies of state power and the exclusive powers of the regional bodies of state power, as well as the joint powers of the federal and regional bodies of power. The powers of local government bodies are defined separately in the Constitution, since in Russia the independence of local government is guaranteed within the limits of its powers, and local government bodies are not included in the system of government bodies.

The legal basis for the formation and activities of state authorities of the constituent entities of the Russian Federation is the Constitution, federal laws, constitutions (charters) and laws of the constituent entities of the Federation.

The constitution defines basic principles,on which the activities of the bodies of state power of the constituent entities of the Russian Federation should be built: the independence and independence of the bodies of power of the constituent entities of the Russian Federation, which, outside the subjects of federal jurisdiction and subjects of joint jurisdiction, have all the fullness of state power; state integrity and unity of public authorities; protection of the rights of citizens throughout the territory of the Russian Federation; delimitation of the subjects of jurisdiction and powers between federal bodies and bodies of state power of the constituent entities of the Russian Federation.

The establishment of general principles for the organization of state power of the constituent entities of the Russian Federation falls under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, and the system of government bodies is formed by the constituent entities of the Russian Federation independently. Law of October 6, 1999 No. 184-FZ clearly established systemstate authorities of the regions, which are:

1) legislative (representative) body of state power;

2) the highest executive body of state power;

3) other government bodies formed in accordance with the constitution (charter) of the subject of the Russian Federation.

The constitution (charter) of a constituent entity of the Russian Federation may establish the position of the highest official of a constituent entity of the Russian Federation.

The activities of state authorities of the constituent entities of the Russian Federation are carried out in accordance with the following principles:

1) state and territorial integrity of Russia;

2) the spread of Russia's sovereignty over its entire territory;

3) the supremacy of the Constitution and federal laws throughout Russia;

4) the unity of the system of state power;

5) division of state power into legislative, executive and judicial;

6) delimitation of the subjects of jurisdiction and powers between the state authorities of Russia and the subjects of the Russian Federation;

7) the independent exercise by state authorities of the constituent entities of the Russian Federation and local authorities of their powers.

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation, by mutual agreement, may transfer to each other the exercise of some of their powers.

The specifics of the organization of state power in the constituent entities of the Russian Federation is determined by the distribution of powers of the investigated level of government horizontally, the mechanism of mutual restraint and control, the method of formation and political responsibility of the executive authorities and senior officials of the constituent entity of the Russian Federation. This is what characterizes the form of government in a particular region within the framework of the well-known three models of power organization: presidential, parliamentary, or mixed (presidential - parliamentary).

7.2 Legislative authorities of the constituent entities of the Russian Federation

The legislative body has the status of the permanently acting supreme and only legislative body of the constituent entity of the Russian Federation. Him functionsconstitute legislative regulation on the subjects of jurisdiction of a constituent entity of the Russian Federation and subjects of joint jurisdiction, as well as an independent solution of issues of organizational, legal, informational, material, technical and financial support of their activities. The legislative body has the rights of a legal entity, has a stamp. The name of the legislative body of state power of the subject of the Russian Federation, its structure are established by the constitution (charter) of the subject, taking into account the historical, national and other traditions of the subject of the Russian Federation.

Law of October 6, 1999 No. 184-FZ defines the structure and methods of forming the legislative body of state power. The deputies of the legislative body of state power of the constituent entity of the Russian Federation are elected by the citizens of Russia residing in the territory of the constituent entity of the Russian Federation and having active suffrage. A deputy can be a citizen of Russia who, in accordance with federal legislation, the constitution (charter) and (or) the law of a constituent entity of the Russian Federation, has a passive electoral right. Elections are held on the basis of universal, equal and direct suffrage by secret ballot. The status of a deputy, his term of office, the procedure for preparing and holding elections are governed by federal legislation, the constitution (charter) and the laws of the constituent entity of the Russian Federation.

Most of the legislative bodies of the subjects of the Russian Federation are unicameral, only in some republics the legislative bodies of power consist of two chambers. The legislative bodies of the constituent entities of the Russian Federation are formed in the course of special elections on the basis of majority and proportional electoral systems. At least 50% of the deputies of the legislative body of a constituent entity of the Russian Federation must be elected in a single electoral district in proportion to the number of votes cast for the lists of candidates nominated by electoral associations.

The number of deputies of the legislative body of state power of the subject of the Russian Federation is established by the constitution (charter) of the subject of the Russian Federation. The number of deputy mandates ranges from 11 in the Taimyr Autonomous Okrug to 194 in the Republic of Bashkortostan. The term of office of the deputies of the legislative body is established by the constitution (charter) of the constituent entity of the Russian Federation, but cannot exceed five years. The number of deputies working on a professional permanent basis is established by the law of the subject of the Russian Federation.

The costs of supporting the activities of the legislative body of state power of the constituent entity of the Russian Federation are provided for in the budget of the constituent entity of the Russian Federation separately from other expenses in accordance with the budget classification of the Russian Federation. Management and disposal of funds of the budget of a constituent entity of the Russian Federation in the process of its execution by the legislative body, individual deputies or groups of deputies are not allowed. At the same time, the powers of the legislative body of the constituent entity of the Russian Federation to control the execution of the budget of the constituent entity of the Russian Federation are not limited.

A legislative body is competent if at least one-third of the established number of deputies is elected to it. The competence of a meeting of the legislative body is determined by the law of the subject of the Russian Federation. Sessions of the legislative body are open, but a closed form is also allowed, which is established by the regulations of this body.

Credentialsthe legislature are quite extensive. It:

1) approval of programs for the socio-economic development of the region;

2) establishment of taxes and fees and the procedure for their collection (on the subjects of jurisdiction of the subject of the Russian Federation);

3) the establishment of the procedure for the formation and activities of off-budget and foreign exchange funds, the establishment of reporting on the spending of these funds;

4) management and disposal of the property of the constituent entity of the Russian Federation;

5) approval and termination of contracts of a constituent entity of the Russian Federation;

6) establishing the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation;

7) establishing the procedure for holding elections to the legislative body of a constituent entity of the Russian Federation;

8) holding elections to local self-government bodies;

9) determination of the administrative-territorial structure and the procedure for changing it;

10) approval of the management scheme of the constituent entity of the Russian Federation, determination of the structure of the highest executive body of state power of the constituent entity of the Russian Federation.

The legislative body of state power of the constituent entity of the Russian Federation: adopts the constitution of the constituent entity of the Russian Federation and amendments thereto; carries out legislative regulation on the subjects of jurisdiction of the constituent entity of the Russian Federation and subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation within the powers of the subject of the Russian Federation.

The lawsubject of the Russian Federation:

1) the budget of the constituent entity of the Russian Federation and the report on its implementation submitted by the highest official of the constituent entity of the Russian Federation are approved;

2) the procedure for holding elections to local self-government bodies on the territory of the subject of the Russian Federation is established;

3) the programs of socio-economic development of the constituent entity of the Russian Federation, presented by the highest official of the constituent entity of the Russian Federation, are approved;

4) taxes and fees are established, the establishment of which is attributed by federal law to the jurisdiction of the subject of the Russian Federation, as well as the procedure for their collection;

5) the budgets of the territorial state extra-budgetary funds of the constituent entity of the Russian Federation and reports on their implementation are approved;

6) the procedure for managing and disposing of the property of the constituent entity of the Russian Federation is established, including the shares (stocks, shares) of the constituent entity of the Russian Federation in the capitals of economic companies, partnerships and enterprises of other organizational and legal forms;

7) the conclusion and termination of contracts of the constituent entity of the Russian Federation are approved;

8) the procedure for appointing and holding a referendum of a constituent entity of the Russian Federation is established;

9) the procedure for holding elections to the legislative (representative) body of state power of the subject of the Russian Federation is established;

10) the administrative-territorial structure of the subject of the Russian Federation and the procedure for changing it are established;

11) the system of executive bodies of state power of the constituent entity of the Russian Federation is established.

Decreelegislative (representative) body of state power of the constituent entity of the Russian Federation:

1) the regulations of the said body are adopted and issues of the internal order of its activities are resolved;

2) a decision is drawn up on vesting a citizen of the Russian Federation, upon the proposal of the President of the Russian Federation, with the powers of the highest official of a constituent entity of the Russian Federation;

3) individual officials of the constituent entity of the Russian Federation are appointed and dismissed from office;

4) consent is drawn up for the appointment of individual officials of the subject of the Russian Federation, if such a procedure is provided for by the Constitution, federal laws and the constitution (charter) of the subject of the Russian Federation;

5) the date of elections to the legislative (representative) body of state power of the subject of the Russian Federation is set;

6) a referendum of a constituent entity of the Russian Federation is appointed in cases provided for by the law of a constituent entity of the Russian Federation;

7) a decision on no confidence (trust) in a senior official of a constituent entity of the Russian Federation is drawn up, as well as a decision on no confidence in (trust) to the heads of executive bodies of the constituent entity of the Russian Federation, in whose appointment the legislative body of state power of the constituent entity of the Russian Federation took part in accordance with the constitution (charter) subject of the Russian Federation;

8) an agreement on changing the boundaries of a constituent entity of the Russian Federation is approved;

9) the draft agreement on the delineation of powers is approved;

10) are appointed to the position of a judge of the constitutional (charter) court of a constituent entity of the Russian Federation;

11) other decisions are made on issues referred by the Constitution, federal laws, constitution (charter) and laws of a constituent entity of the Russian Federation to the jurisdiction of the legislative body of state power of the constituent entity of the Russian Federation.

The legislative body of state power of the constituent entity of the Russian Federation, within the limits and forms established by the constitution (charter) of the constituent entity and the laws of the constituent entity of the Russian Federation, exercises control over the observance and execution of the laws of the constituent entity of the Russian Federation, the execution of the budget of the constituent entity of the Russian Federation, the execution of the budgets of territorial state extra-budgetary funds of the constituent entity of the Russian Federation, compliance with the established procedure for disposing of the property of the constituent entity RF.

The right to initiate legislation belongs to deputies, the highest official of a constituent entity of the Russian Federation, and representative bodies of local self-government. The constitution (charter) of a constituent entity of the Russian Federation may grant the right to legislative initiative to other bodies, public associations, as well as citizens living in the territory of this constituent entity of the Russian Federation.

Bills submitted by the highest official of a constituent entity of the Russian Federation are considered on his proposal as a matter of priority. Draft laws providing for expenses covered by the budget of the constituent entity of the Russian Federation are considered by the legislative body on the proposal of a senior official or in the presence of an opinion of the said person, which is submitted to the legislative (representative) body of state power of the constituent entity of the Russian Federation within a period of at least 20 calendar days.

The powers of the legislative body of a constituent entity of the Russian Federation may be terminated early in the event of:

1) making a decision on self-dissolution;

2) the dissolution of the said body by the highest official of the constituent entity of the Russian Federation in the event that a normative legal act is adopted that contradicts acts of higher legal force, if such contradictions have been established by a court, and the legislative body has not eliminated them within six months from the date of entry into force of the court decision.

In the event of the dissolution of the legislative body, early elections to the legislative (representative) body of the subject of the Russian Federation are appointed. These elections are held no later than six months from the date of entry into force of the decision on the early termination of the powers of the legislative body.

The powers may be terminated ahead of schedule also in the event of the entry into force of the decision of the relevant court on the incompetence of this composition of deputies of the legislative body of the constituent entity of the Russian Federation, including in connection with the resignation of their powers.

The legislative (representative) body of a constituent entity of the Russian Federation has the right to express no confidence in a senior official (head of the supreme executive body) of a constituent entity of the Russian Federation in the event of:

1) he issues acts that contradict the Constitution, federal laws, the constitution (charter) and laws of the constituent entity of the Russian Federation, if such contradictions are established by the relevant court, and the senior official does not eliminate the indicated contradictions within a month from the date of entry into force of the court decision;

2) other gross violation of federal legislation, laws of a constituent entity of the Russian Federation, if this entailed a massive violation of the rights and freedoms of citizens.

The decision on no confidence in the highest official is taken by 1/3 of the votes of the established number of deputies on the initiative of at least 1/3 of the established number of deputies. This decision entails the immediate resignation of the senior official and the body headed by him.

In the event of the resignation of the supreme executive body of state power of the constituent entity of the Russian Federation, it continues to operate until a new supreme executive body of the constituent entity of the Russian Federation is formed.

7.3. Organization of executive bodies of state power in the constituent entities of the Russian Federation

The executive power in the constituent entities of the Russian Federation is part of the unified state power of the Russian Federation. The executive authorities are of priority importance in the triad of branches of government, which determines their leading role in managing the most important processes in the state and the region. Federal executive authorities and executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation.

In the subject of the Russian Federation, a system of executive authorities is established, headed by the head of the highest executive body of state power. The structure of the executive bodies of state power of the constituent entity of the Russian Federation is determined by the highest official of the constituent entity of the Russian Federation.

Main featurethe organization of the executive bodies of state power of the constituent entities of the Russian Federation is a two-tier system of legal regulation, conditioned by the following factors: first, the delimitation of the subjects of jurisdiction and powers between the Russian Federation and its constituent entities; secondly, the need to ensure the unity of the system of executive authorities. On the one hand, the constituent entities of the Russian Federation independently form the system of executive authorities on their territory. On the other hand, the federal executive authorities and the authorities of the constituent entities of the Russian Federation form a single system of executive authorities in the Russian Federation. As a result, different systems of executive authorities interact on the territory of each subject of the Federation: federal authorities; executive authorities of this constituent entity of the Russian Federation, as well as municipal bodies of local self-government. It should be noted that the mechanism of optimal interaction between the executive bodies of power at all levels is still poorly developed.

Structureexecutive bodies of state power in the constituent entities of the Russian Federation is represented mainly by two models: one-man management in the leadership of the executive body and collegiality in management.

First model:the highest official, the head of the executive power in the constituent entity of the Russian Federation solely creates the structure of the administration of the constituent entity of the Russian Federation, is endowed with various powers in the field of the formation of executive bodies, the structure of administration, budget, finance and accounting, property management, interaction with institutions and enterprises of various forms of ownership in industries and spheres of economic and socio-cultural development, carries out direct management of all structural units of the approved administration structure.

TO powersthe highest official include:

1) the right to initiate legislation; signing and publishing laws;

2) a suspensive veto on laws;

3) the exclusive right to submit draft laws on the budget, plans for the socio-economic development of the region, the organizational structure of the executive branch.

Most of the charters of the constituent entities of the Russian Federation provide for a mechanism that restrains the power of senior officials, heads of the executive power of the constituent entity of the Russian Federation - the right of a representative body to approve deputies, the structure of the administration, expenses for its maintenance, hearing annual reports on the activities of the administration, the right to early terminate the powers of a senior official, etc. ...

Second modelthe structure of the administration of a constituent entity of the Russian Federation assumes the establishment of the Government as an independent organizational and legal form of executive power with normatively established competence, powers in the establishment of executive and administrative functions. The government has two principles: first, it issues normative acts that are generally valid for the entire population of the territory, that is, it is the bearer of public law, the second - the Government is a legal entity, those are the subject of civil law, private law relations, it can conclude transactions in the field of property, land and other relationships.

There is an intermediate model of the organization of the administration, when the government is not a legal entity and is not an independent subject - its status is, rather, a collegium under the governor.

Different models of the executive power of the constituent entities of the Russian Federation do not provide a single legal and administrative and managerial field in the country. In the constitutions of the republics and charters, the ratio of acts, the legal force of those that are issued locally, and acts of the federal government, which has no direct administrative impact on the organizational and legal bodies of executive power of the constituent entities of the Russian Federation, is not defined.

Executive authorities in the republics of the Russian Federation function, as a rule, on the basis of one of the above options.

1) The highest executive body of the republic is headed and formed by the highest official independently. In this case, the highest executive body (government) is fully responsible to the highest official of the constituent entity of the Russian Federation. This characterizes the system of executive bodies of the presidential republics.

2) The highest executive body has “double responsibility”: to the highest official of the constituent entity of the Russian Federation and the legislative body of the constituent entity of the Russian Federation. The highest official is not the head of the executive branch directly, since there is the position of the chairman of the government. This is typical for mixed, semi-presidential republics and most of the territories and regions.

3) Under a collegial system of formation and organization of executive power in parliamentary republics, the executive power (government) is formed by a representative legislative body. This is the case in the Udmurt Republic, the Republic of Dagestan.

The structure of the republican executive authorities is characterized by great diversity, which follows from the variety of models of organization of the system of executive authorities in the republics.

The highest executive body in the republics is the government. Its main powers include:

1) implementation of measures to ensure the rule of law, rights and freedoms of citizens, protection of property and public order;

2) development of the budget of the constituent entity of the Russian Federation, ensuring its implementation;

3) development and submission for approval of the legislative (representative) authority of the draft plans for the socio-economic development of the constituent entity of the Russian Federation, reports on their implementation;

4) formation of executive authorities of the constituent entity of the Russian Federation;

5) management and disposal of the property of the subject of the Russian Federation.

7.4. The highest official of a constituent entity of the Russian Federation

A citizen of the Russian Federation is vested with the powers of the highest official of a constituent entity of the Russian Federation upon the proposal of the President of the Russian Federation by the legislative body of the constituent entity of the Russian Federation. If the charter of the subject provides for a bicameral legislative body of the subject of the Russian Federation, the decision on vesting the citizen with the powers of the highest official of the subject of the Russian Federation is made at a joint meeting of the chambers.

The regulation on the procedure for considering candidates for the position of a senior official of a constituent entity of the Russian Federation was approved by Decree of the President of the Russian Federation No. 1603 dated December 27, 2004. The President of the Russian Federation shall submit a proposal for a candidate for a senior official of a constituent entity of the Russian Federation to the legislative body of state power of the constituent entity of the Russian Federation no later than 35 days before expiration of the term of office of the highest official of the constituent entity of the Russian Federation.

Before the President of the Russian Federation submits a proposal on the candidacy of the highest official of the subject to the legislative body of the subject of the Russian Federation, consultations are held on the candidacy of the highest official of the subject of the Russian Federation. The legislative body of the constituent entity of the Russian Federation considers the candidacy of the highest official of the constituent entity of the Russian Federation presented by the President of the Russian Federation within 14 days from the date of submission of the submission.

The decision of the legislative body of the constituent entity of the Russian Federation on vesting a citizen with the powers of the highest official of the constituent entity of the Russian Federation is considered adopted if more than half of the established number of deputies of the legislative body voted for him. In the event that a constituent entity of the Russian Federation provides for a bicameral legislative body, the decision on vesting a citizen with the powers of the highest official of the constituent entity of the Russian Federation is considered adopted if more than half of the established number of deputies of each chamber of the legislative body of the constituent entity of the Russian Federation voted for him.

In case of rejection of the submitted candidacy of the highest official of the constituent entity of the Russian Federation, the President of the Russian Federation, no later than seven days from the date of rejection, re-submits a proposal for the candidacy. In the event of a two-fold rejection of the submitted candidate (submitted candidates) of the highest official of the constituent entity of the Russian Federation, the President of the Russian Federation appoints an interim senior official of the constituent entity of the Russian Federation for the period until the entry into office of the person vested with the powers of the highest official of the constituent entity of the Russian Federation, but not more than six months ...

In the event of a two-fold rejection of the submitted candidate for the highest official of the constituent entity of the Russian Federation, appropriate consultations are held with the legislative body of the constituent entity of the Russian Federation on the candidacy of the highest official of the constituent entity of the Russian Federation. Based on the results of the consultations, the President has the right to propose a candidate for the highest official of the subject or appoint an interim senior official of the subject.

If a political party, in accordance with the Federal Law of July 11, 2001 No. 95-FZ "On Political Parties", initiated the consideration by the legislative body of the constituent entity of the Russian Federation of the proposal to the President of the Russian Federation on the candidacy of the highest official of the constituent entity, this proposal shall be subject to consideration by the legislative body of the constituent entity, taking into account the terms, established by federal legislation to ensure the implementation by the President of the Russian Federation of his powers to introduce the specified candidate. The proposal of a political party on the candidacy of the highest official of a constituent entity of the Russian Federation, supported by a majority of votes from the number of elected deputies of the legislative body of the constituent entity of the Russian Federation, is formalized by the corresponding decision of the legislative body and sent in the prescribed manner to the President of the Russian Federation.

If the right to initiate consideration of the proposal belongs to more than one political party that independently participated in the relevant elections to form the legislative body of the constituent entity of the Russian Federation, the legislative body of the constituent entity of the Russian Federation considers the proposal of each political party. In this case, a proposal of a political party on the candidacy of the highest official of the constituent entity of the Russian Federation is sent to the President of the Russian Federation, supported by the largest number of votes of deputies, which must be at least a majority of votes from the number of elected deputies of the legislative body of the constituent entity of the Russian Federation.

If the charter of a constituent entity of the Russian Federation provides for a bicameral legislative body of state power of the constituent entity of the Russian Federation, the proposal of a political party on the candidacy of a senior official is considered at a joint meeting of the chambers. The said proposal of a political party is sent to the President of the Russian Federation if it is supported by a majority vote of the number of elected deputies of each of the chambers of the legislative body of the subject of the Russian Federation.

The highest official of a constituent entity of the Russian Federation may be a citizen of the Russian Federation who does not have the citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state and who has reached the age of 30 years. A citizen of the Russian Federation is vested with the powers of the highest official of a constituent entity of the Russian Federation for a period not exceeding five years.

The name of the position of the highest official of the subject of the Russian Federation is established by the charter of the subject of the Russian Federation, taking into account the historical, national and other traditions of this subject.

In general, the highest official of a constituent entity of the Russian Federation has the following powers: 1) represents the constituent entity of the Russian Federation in relations with other constituent entities of the Russian Federation, state authorities; 2) signs laws passed by the legislative authority;

3) forms, in accordance with the procedure established by the constitution (charter) of the constituent entity of the Russian Federation, and in accordance with the structure of the executive authorities, the highest executive body of the constituent entity of the Russian Federation;

4) has the right to demand the convocation of an extraordinary meeting of the legislative body of state power of the subject of the Russian Federation; 5) has the right to participate in the work of the legislative (representative) authority of the subject of the Russian Federation; 6) exercises other powers in accordance with the legislation, ensures coordination of the activities of the executive authorities of the constituent entity of the Russian Federation with other state authorities of the constituent entity of the Russian Federation and can organize interaction of the executive authorities of the constituent entity of the Russian Federation with federal executive authorities and their territorial bodies, local governments and public associations ... If the highest official of a constituent entity of the Russian Federation is temporarily unable to perform his duties, they are performed by an official provided for by the constitution (charter) of the constituent entity of the Russian Federation.

The powers of the highest official of a constituent entity of the Russian Federation are terminated early in the event of: a) his death; b) his removal from office by the President of the Russian Federation in connection with the expression of no confidence in him by the legislative body of the subject of the Russian Federation; c) his resignation at his own request; d) dismissal of him from office by the President of the Russian Federation due to the loss of confidence of the President of the Russian Federation, for improper performance of his duties; e) recognition by the court as incapable or partially incapacitated; f) recognition of him as missing by the court or declaring him dead; g) entry into legal force of the court's conviction; h) his departure outside the Russian Federation for permanent residence; i) loss of citizenship of the Russian Federation.

The legislative body of a constituent entity of the Russian Federation expresses no confidence in a senior official of a constituent entity of the Russian Federation in the event of: 1) he issues acts that contradict the Constitution, federal legislation, the charter and laws of the constituent entity of the Russian Federation, if these contradictions are established by the appropriate court, and the senior official of the constituent entity of the Russian Federation does not eliminate these contradiction within a month from the date of entry into force of the court decision; 2) gross violation of federal legislation and the legislation of a constituent entity of the Russian Federation established by the court, if this entailed a massive violation of the rights and freedoms of citizens; 3) improper performance by the highest official of a constituent entity of the Russian Federation of his duties.

The decision of the legislative body of a constituent entity of the Russian Federation on no confidence in a senior official is adopted / 3 votes from the established number of deputies on the initiative of at least 1 / ofrom the established number of deputies.

In the bicameral legislative body of a constituent entity of the Russian Federation, a decision on no confidence in the highest official of a constituent entity of the Russian Federation is adopted / 3 votes from the established number of deputies of each of the chambers on the initiative / 3 of the established number of deputies of the chamber endowed with the constitution (charter) of the constituent entity of the Russian Federation with the right to initiate the issue of expressing no confidence in the highest official the person of the subject of the Russian Federation. The decision of the legislative body of the constituent entity of the Russian Federation on distrust of the senior official of the constituent entity of the Russian Federation is sent for consideration by the President of the Russian Federation to resolve the issue of removing the senior official of the constituent entity of the Russian Federation from office. The decision of the President of the Russian Federation to dismiss the senior official of the constituent entity of the Russian Federation from office entails the resignation of the supreme executive body of state power of the constituent entity of the Russian Federation headed by the said person.

In the event of the resignation of the supreme executive authority of the constituent entity of the Russian Federation, it continues to operate until a new supreme executive authority of the constituent entity of the Russian Federation is formed.

The President of the Russian Federation appoints an interim senior official of the constituent entity of the Russian Federation for the period until the entry into office of a person vested with the powers of the senior official of the constituent entity of the Russian Federation, in the event of: a) early termination of the powers of the senior official of the constituent entity of the Russian Federation; b) temporary dismissal of a senior official of a constituent entity of the Russian Federation from office; c) the absence of a legislative authority of the constituent entity of the Russian Federation or its self-dissolution; d) non-acceptance by the legislative authority of the constituent entity of the Russian Federation on the candidacy of the highest official of the constituent entity of the Russian Federation, nominated by the President of the Russian Federation, within the statutory period of time, of a decision on its rejection or on vesting the said candidate with the powers of a senior official; e) two-fold rejection by the legislative body of the constituent entity of the Russian Federation of the proposed candidacy (submitted candidates) for the post of the highest official of the constituent entity of the Russian Federation.

A temporary acting senior official of a constituent entity of the Russian Federation does not have the right to dissolve the legislative body of a constituent entity of the Russian Federation, to make proposals to amend the charter of a constituent entity of the Russian Federation.

The proposal for the candidacy of the highest official of the constituent entity of the Russian Federation is submitted by the President of the Russian Federation and is considered by the legislative body of the constituent entity of the Russian Federation no later than 14 calendar days from the date of early termination of powers or no later than 35 days before the expiration of the term of office of the highest official of the constituent entity of the Russian Federation.

The charter of a constituent entity of the Russian Federation for an interim top official of a constituent entity of the Russian Federation may establish restrictions on the exercise of certain powers of a senior official of a constituent entity of the Russian Federation.

7.5. Fundamentals of the activity of the supreme executive body of state power of the constituent entity of the Russian Federation

The executive body of the constituent entity of the Russian Federation is a permanent executive body, ensures the implementation of federal and regional legislation on the territory of the constituent entity of the Russian Federation, has the rights of a legal entity, and has a stamp. Financing of the supreme executive body of state power of the constituent entity of the Russian Federation and the executive bodies headed by it is carried out at the expense of the budget of the constituent entity of the Russian Federation, provided for in a separate article.

The supreme executive body of state power of the constituent entity of the Russian Federation develops and implements measures to ensure the comprehensive socio-economic development of the constituent entity of the Russian Federation, participates in the implementation of a unified state policy in the field of finance, science, education, health care, social security and ecology.

The supreme executive body of state power of a constituent entity of the Russian Federation: a) takes measures to implement, ensure and protect human and civil rights and freedoms, protect property and public order, and fight crime; b) develops a draft budget for submission to the legislative body of the constituent entity of the Russian Federation, as well as draft programs for the socio-economic development of the constituent entity of the Russian Federation; c) ensures the execution of the budget of the constituent entity of the Russian Federation and prepares a report on the execution of the budget and reports on the implementation of programs for the socio-economic development of the constituent entity of the Russian Federation for their submission by the highest official of the constituent entity of the Russian Federation to the legislative body of the constituent entity of the Russian Federation; d) forms other executive authorities of the constituent entity of the Russian Federation; e) manages and disposes of the property of the subject of the Russian Federation in accordance with the laws of the subject of the Russian Federation, as well as federal property transferred to the management of the subject of the Russian Federation.

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