Department for interaction with government authorities. Interaction between authorities at different levels

Specifics of the President's latest political reform initiatives political system is characterized by the fact that, along with the reform of government bodies (their structure, order of formation, “building a vertical”, etc.), which is quite naturally perceived by the population as the competence of the activities of the highest official states, these initiatives affected both the interests and, so to speak, the “field of responsibility” civil society in general and in particular public organizations, namely, how to structure itself, how to influence the authorities to defend the interests of society, and generally have the right to position itself as such a force.

And this is where questions arise about the legality of such an initiative. To what extent does the president today have the civil right (since there are no legal restrictions provided by law) for such initiatives? And the answer is here, apparently, one - exactly as much as it is supported by the population. Yes, the rating of the current president allows him to go out into society with such initiatives in the hope that they will be accepted. Moreover, they were accepted with the expected degree of participation in their implementation.

Such an initiative was a proposal that quickly found legislative embodiment in the form of federal law dated April 4, 2015 No. 32-FZ “On the Public Chamber Russian Federation" Thus, the presidential initiative regarding the “improvement” of civil society was formalized in law.

In accordance with this law, the total number of the Public Chamber of the Russian Federation was 126 people. The Public Chamber is competent if it includes more than three-quarters of the number of members of the Public Chamber established by this federal law. The term of office of members of the Public Chamber expires two years from the date of its first plenary meeting.

Now it's time for real action. To what extent will the current Public Chamber be more capable than the 1994-style chamber? It can be assumed that exactly the more mature civil society has become, the more professional public organizations have become non-profit organizations, how effective the mechanism for forming power (at all levels) has become, open to the public control declared in the law on the Public Chamber.

The experience of democratic transformations over the past fifteen years has shown that the adoption of this or that law is not a panacea for radically changing the situation for the better, but on the contrary, sometimes contributes to the cultivation legal nihilism and social apathy, if passed law does not imply and is not accompanied by the formation of mechanisms for its implementation.

In this regard, it is interesting to analyze the regions’ reflection on the adoption of the federal law “On the Civic Chamber of the Russian Federation” and to identify the nature of the needs of various subjects of socio-political interaction in it.

After the adoption of the federal law “On the Public Chamber of the Russian Federation” in the constituent entities of the Federation, noticeable legislative activity began to develop in the development of bills regulating the creation of regional Public chambers.

Content analysis of online publications on the progress of the discussion of bills on the creation of regional Public Chambers revealed that the most common disagreements were on those articles of the bills that regulated the procedure for forming the Public Chamber of the subject and its structure. And it was these articles of the bills that mainly determined their regional specificity, outlining different approaches both in terms of principles and in the order of formation of chambers, while maintaining conceptual compliance with federal law.

IN Kaluga region Two bills were submitted for consideration by the local Legislative Assembly: one by the governor, the other by one of the deputies of the Legislative Assembly. The bills are different numerical composition members of the chamber and methods of their formation. In the governor's version, the initial composition is formed by the governor, and in the parliamentarian's version - by the governor and the Legislative Assembly on a parity basis. Also in the governor’s version there is a mechanism for influence on the part of the governor and the regional government on the organizational activities of the Public Chamber (employees of the chamber’s apparatus and their salary approved by the regional government).

When discussing these bills in the Legislative Assembly of the Kaluga Region, deputies were offered an analytical note, which rightly noted that legislative activity in developing regional law about the Public Chamber indicates a sustainable need public associations and government authorities in these public formations. Meanwhile, in many regions, work on draft laws is only in progress. initial stage, but in fact the Public Chambers created earlier or under the head of executive power, or under legislative authorities.

Despite the fact that the federal law “On the Public Chamber of the Russian Federation” served as the reason for legislative activity, not all of the above bills repeat its norms; some of them have their own regional specifics.

A number of regional bills take into account the shortcomings that were mentioned during the discussion federal bill, but was not reflected in the law itself.

Development problems social sphere problems of Russian society began to be actively developed and practically solved since the mid-80s of the twentieth century. The concrete embodiment of this policy is social work with the population. As a variety professional activity social work is carried out on a basis of trust: people trust the authorities to perform various managerial functions, and the authorities implement and confirm the trust of the population in the development and implementation of social programs.

The problem of public trust in the authorities is especially acute at the final level of management - at the level of activity of local executive authorities of the district scale, where problems of social work are directly and ultimately resolved, and social trust of the population is formed.

Relevance of analysis of social work of authorities state power as a source of social trust of the population is due to a number of reasons and circumstances.

Firstly, the complexity and contradictory nature of solving social, economic and political problems of Russian society. In these difficult conditions, local (district) executive authorities of Russia, on the one hand, are the ultimate conductors of the general policy of the state in relation to the population, and on the other hand, they directly take upon themselves the backlash of the population to the policies being implemented. Often the shortcomings of “big” politics result in the population’s distrust of the authorities local authorities and vice versa - efficient functioning of organs local government can become a source of public confidence in government at all levels.

Secondly, the relative novelty of social work as a field professional employment individual representatives of Russian society: at present, social work in Russia has significantly enriched its content and received institutional status in the professional division social labor. It is represented at all levels social organization society. Clients of social work are no longer only socially vulnerable people, but virtually the entire population of the country.

Thirdly, the high role and importance of the moral and humanistic content of social work with the population. Indeed, the focus of the social sphere of public life is the person, and social work itself is designed to satisfy his urgent and vital needs. This human dimension of social work requires high quality and efficiency. The measure and final criterion of this quality is always the social trust of the population in the authorities and management. And at the local level, position yourself similar to the president.

The controversy and ambiguity of this approach are quite obvious. As a result, in the options formulated by the deputy corps, this process is proposed to be conducted on a parity basis with the Legislative Assembly. The institute also remained behind the scenes federal inspectors, and other institutions of state power also have the right to have their say in this matter.

The “vertical of power” represented by individual regional leaders took the president’s call for the formation of a civil society in Russia too literally, since building a civil society with the hands of officials, it seems, is a rather futile task.

All subjects of legislative initiative, be it the governor or representatives of the deputy corps, actively form public opinion regarding the bills being introduced that the persons who discussed them were accepted and the bills were supported by the leaders of public associations. Political essence Such campaigns are also quite obvious: from a group of thousands of public associations registered in one or another subject of the Federation, you can always easily select several dozen active supporters. Moreover, if they are given promises to be included in the future only chamber in the region and to be the closest to the authorities, and the circle of such organizations close to the authorities has already been formed over the years of the existence of the previous chambers.

The legislative activity of governors in this matter can also be explained by the fact that they understand more clearly the existence of a certain civil vertical: at the top - the president and public organizations from federal chamber, locally - the governor and public organizations from the regional chamber.

Having a monopoly structure also provides significant political advantages: it becomes possible to speak for the entire “civil society.”

The analysis carried out gives grounds to conclude that building a vertical of civil society in the form of regional Public Chambers will lead to a purely bureaucratic way of interaction between government and society, will contribute to the formation of an elite club of social activists and the growth of bureaucracy and lobbying. Through the mechanism of financing the activities of the chamber, the maintenance of its apparatus and its material and technical support will give the authorities a powerful lever to control this structure.

The key problems of interaction between government bodies and public organizations include:

1. An insufficient amount acting in the advisory bodies of public organizations, since in public organizations there are many directions, and deputies cannot be specialists on all issues.

2. Excessive bureaucratic requirements for registration and registration of public organizations.

3. Insufficient level of government funding for public organizations.

Studying the experience of organizing work on interaction with authorities and lobbying of state corporations is of significant practical and scientific interest. Being a kind of transitional form from state ownership and the corresponding organization of work to the market one, state corporations not only actively use tools for interaction with the authorities, but also, due to their special status, they themselves are platforms for the interaction of a large number of interest groups.

A special place among all state corporations is occupied by the state corporation "Rostechnologies" (hereinafter referred to as the State Corporation of the Republic of Tajikistan), which is determined both by the scale of its activities and the personality of its leader.

The State Corporation "Rostechnologies" (hereinafter referred to as the State Corporation of the Republic of Tajikistan) was created in 2007 in order to promote the development, production and export of Russian high-tech industrial products, support on the foreign and domestic markets for its developers and manufacturers, as well as the rehabilitation and modernization of military-industrial complex enterprises.

When studying the experience of the Civil Code of the Republic of Tajikistan in the field of interaction between business and government, you should pay attention to the following features:

The first is the scale of the Civil Code of the Republic of Tajikistan, which includes 663 organizations, of which 13 holdings are currently being formed (of which eight are in the military-industrial complex and five in civil industries), as well as 21 direct management organizations. Particular attention should be paid to the most powerful social factor activities of the Civil Code of the Republic of Tajikistan. Many of the enterprises included in its composition are city-forming or second in terms of the number of employed labor resources in the city. Over 900 thousand people work at the enterprises of the State Corporation of the Republic of Tajikistan.

The second is the scale of the personality of its leader Sergei Chemezov. The head of the Civil Code of the Republic of Tajikistan is today one of the strongest lobbyists in the country. S. Chemezov was repeatedly included in the top ten lobbyists in Russia, with high political and administrative weight. For example, in the reports of Minchenko Consulting, S. Chemezov is considered one of the members of the Politburo of “Vladimir Putin”, and in the report “Rebooting the Elites: 7 Scenarios for a Change of Power in Russia” S. Chemezov is called one of the possible prime ministers. Moreover, one cannot consider the lobbying potential of S. Chemezov without taking into account the resource of his team.

The third is the importance of the military-industrial complex for the defense, security, socio-economic and technological development of the country. Considering vital importance, which the country's leadership and its citizens devote to issues national security, the Civil Code of the Republic of Tajikistan receives a powerful tool for influencing both the political elite and public opinion. The project itself of combining the assets of defense enterprises on the basis of a state corporation is so large-scale and unique that it creates special forms interactions between the Civil Code and the authorities, expressed in the strong integration of the leadership of the Civil Code into all levels of the power elite in Russia. However, in addition to certain opportunities, this also creates risks - numerous unprofitable enterprises, burdened with debts and social obligations, were included in the Civil Code of the Republic of Tajikistan.

Fourth – in deceleration conditions economic growth After the global financial crisis, the issue of intensifying international activities companies in order to increase the export of competitive products, primarily the military-industrial complex, but also the aviation industry, helicopter manufacturing, etc. In this regard, the issue of increasing the transparency of company management and introducing new corporate standards, promoting the company internationally.

The complex organizational structure of the state corporation determines the peculiarities of organizing interaction with authorities at different levels of management. We can highlight:

1) State corporation level; 2) Holding level; 3) Enterprise level.

Fundamental strategic issues are resolved at the level of the head of the Civil Code of the Republic of Tajikistan S. Chemezov. At the federal level, as well as at the level of heads of constituent entities of the Russian Federation, strategic issues of interaction are resolved at the level of the state corporation/holding, but only if the management of the holding company has already restructured its assets, and therefore strengthened its own vertical of power. In other words, there is significant centralization of the GR function.

Interaction at the level below depends both on the personality of the head of the enterprise himself and on the scale of activity / social coverage. For example, the heads of such enterprises as IZHMash and UralVagonZavod are themselves high-status persons capable of effective communication at the level of the city mayor and regional governor.

And, nevertheless, any communication, starting from the level of the governor, must be coordinated with the first deputy head.

In the classic linear-functional structure, the functions of interaction with authorities are performed by both top officials and departments performing supporting functions. In the case of the Civil Code of the Republic of Tajikistan, this is the Legal Department; Office for Regional Cooperation and Interaction with government agencies; Representative offices in the subjects and Representative offices in foreign countries.

It seems interesting to implement the division of GR powers between the top officials of the company. The head of the Civil Code of the Republic of Tajikistan, S. Chemezov, is an independent figure with strong administrative resources and weight in the administrative hierarchy, so he naturally resolves issues at the presidential and prime minister level, as well as at the level of heads of ministries and the supervising deputy prime minister.

Figure No. 2, responsible for the overall coordination of interaction work, is First Deputy Manager Alexey Aleshin, who authorizes GR communications at lower levels.

Figure No. 3 in the Civil Code of the Republic of Tajikistan, responsible for ensuring interaction with the government of the Russian Federation and the implementation of innovative projects, is the former governor, and now Deputy General Director of the Civil Code of the Republic of Tajikistan Vladimir Artyakov, a figure with less administrative resources compared to the boss, but also no less status than the first person. The most likely is delegation to Mr. Artyakov general functions on interaction with government authorities, as well as with specific personalities in departments, the government and the presidential administration.

Figure No. 4 in the control block is Dmitry Shugaev, who is responsible for issues of international economic cooperation. It is under his leadership that the Legal Department is located.

Figure No. 5 in the GR hierarchy of the Civil Code of the Republic of Tajikistan is Vladimir Kudashkin, who has held the post of Head of the Legal Department since 2007, and previously supervised work on legislative support activities of Rosoboronexport. In structure Legal Department, the GR function is carried out by the Service for Legislative Support of the Corporation.

The supporting (hardware) function for interaction with government agencies is performed by a specialized department - the Department for Regional Cooperation and Interaction with Government Agencies.

It seems interesting to study the inner circle of lobbyists working with the state corporation.

The main lobbyist of S. Chemezov is a member of the Government of the Russian Federation, Minister of Industry and Trade Denis Manturov, who oversaw defense programs under V. Khristenko and after his departure took the position of Minister. In addition to the Ministry of Industry and Trade, the State Corporation of the Republic of Tajikistan occupies a leading position in the Union of Russian Mechanical Engineers.

The role of the supervisory board of the Civil Code of the Republic of Tajikistan is important. In fact, communication between the company and its top officials with government officials takes place on the platform of the Supervisory Council, which includes the main stakeholders: the Ministry of Industry and Trade (Minister D. Manturov), the Federal Service for Military-Technical Cooperation (Director A. Fomin), Deputy Ministers of Defense and Economic Development, high-ranking officials The Presidential Administration (Presidential Aides Yu. Ushakov and L. Brycheva), the Government Apparatus (first deputy head of the apparatus A. Levitskaya).

At the level of the Government of the Russian Federation, we can rather talk not about lobbyists, but about the allies of the Civil Code of the Republic of Tajikistan (new Minister of Defense S. Shoigu, supervising Deputy Prime Minister D. Rogozin).

At the level of the Administration of the President of the Russian Federation, relations have been built with the head of S. Ivanov.

The main mechanism of interaction with executive authorities is agreements on cooperation in various areas of activity. The Civil Code of the Republic of Tajikistan concluded agreements with more than 30 regions, and opened its representative offices in 26 constituent entities of the Russian Federation.

Russian Technologies successfully uses various interaction mechanisms. At the federal level we can distinguish: Regulatory lobbying; lobbying executive decisions (budget process, State Defense Order); international GR – attracting new technologies, updating production, attracting international consultants to improve the company’s image and access to international markets; social responsibility - including numerous educational projects, the opening of basic departments at universities to strengthen the support base; activities within the Union of Mechanical Engineers; information companies.

On regional level: lobbying executive decisions (support from the subject); Social responsibility.

Thus, we can conclude that GR activities in the Civil Code of the Republic of Tajikistan are very clearly systematized and centralized at the level of state corporations and top officials, and therefore successful, unlike other state corporations and some large companies Russian business. There are specialized divisions that perform hardware functions, but do not make independent decisions. Perhaps, due to the gradual implementation of a policy to strengthen the independence of holdings, some GR functions will be delegated to a lower level, but with maintaining coordination of this activity at the level of the Civil Code of the Republic of Tajikistan.

Literature

1) Official Website of the State Corporation "Rostec" // [Electr. resource]:http://www.rostec.ru/about/ (date of access: 09/10/2013);

2) Official website "Nezavisimaya Gazeta". [Electr. resource]:http://www.ng.ru/ideas/2012-09-21/5_lobbi.html (access date: 09/10/2013);

3) Website of the communication holding “Minchenko Consulting” // [Electr. resource]: http://www.minchenko.ru/press/press_2697.html (date of access 10.09.2013);

4) Omelchenko N.A., Yakhshiyan O.Yu. Reflections on current topic, or to the question of the place and role of administrative ethics in the system of state power and management // Bulletin of the University (State University of Management). 2008. vol. 1. No. 22. p. 139-149;

5) Sokolov N.N. Development and adoption of effective management decisions// Bulletin of the University (State University of Management). 2012. No. 4. P. 167-171.

Relevant for constitutional and legal science and practical implementation is the issue of interaction and functioning of executive authorities with each other, as well as with other government bodies. An important aspect Such interaction includes issues of structure, competence and procedure for the activities of bodies state apparatus, legal registration of work procedures components apparatus, society's control over it. Legal statehood presupposes the presence of a democratic regime of government, the implementation of the principle of separation of powers, developed legal system.

Based on the general theoretical aspects of understanding state power from a functional point of view, it is necessary to highlight certain functions of public administration. State power has three basic forms of its exercise: through the adoption of laws, through their execution, through legal proceedings. These forms of existence are fully implemented by the Ministry of Defense of the Russian Federation. At the same time, the functioning of the Russian Ministry of Defense in the system of government bodies is carried out through a number of legal provisions, allowing us to talk about the “special” position of this body. This situation is determined constitutional provisions item "z" art. 83 of the Constitution of the Russian Federation, which states that only the President of the Russian Federation approves the military doctrine of the Russian Federation, and the head of state is also the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation (Part 1 of Article 87 of the Constitution of the Russian Federation). The President appoints and dismisses the high command of the Armed Forces of the Russian Federation.

In accordance with parts 2 and 3 of Art. 87 of the Constitution of the Russian Federation, the President of the Russian Federation is vested with the authority, in the event of aggression or an immediate threat of aggression, to introduce martial law on the territory of the Russian Federation or in certain localities. And according to Art. 88 of the Constitution of the Russian Federation, the President of the Russian Federation in the circumstances and in the manner prescribed by the federal constitutional law, introduces a state of emergency on the territory of the Russian Federation or in certain localities with immediate notification of this in both cases to the Federation Council and the State Duma.

Legal regulation of the procedure, timing, martial law and state of emergency regime is regulated by federal constitutional laws of January 30, 2002 and May 30, 2001.

The system and structure of federal executive authorities are approved by Decree of the President of the Russian Federation, and the annex to Presidential Decree No. 636 establishes that some ministries are under the jurisdiction of the President of the Russian Federation. Thus, the Decree of the President of the Russian Federation of May 20, 2004 “Issues of the structure of federal executive bodies” provides an exhaustive list of such bodies. These include the Ministry of Defense of the Russian Federation.

Paying attention to paragraph “e” of Art. 114 of the Constitution of the Russian Federation, we note that “The Government of the Russian Federation carries out measures to ensure the country’s defense, public security, implementation foreign policy Russian Federation". The question arises about the duplication of powers between the head of state and the head of the executive branch. However, the President of the Russian Federation bears constitutional duties, acts as a guarantor of the Constitution of the Russian Federation, human rights and freedoms. The defense sector is key to ensuring stability state development and the security of the country and the rights of citizens, measures to protect the sovereignty of the Russian Federation, its independence and territorial integrity.

Powers of the Government of the Russian Federation to ensure defense and state security consist in organizing the provision of weapons and military equipment, providing material means, resources and services of the Armed Forces of the Russian Federation, ensuring the implementation of state target programs and plans for the development of weapons, as well as programs for training citizens in military specialties, ensuring social guarantees for military personnel and other persons involved in accordance with federal laws in the defense or ensuring state security of the Russian Federation, as well as in taking measures to protect State border Russian Federation and leadership civil defense. The main directions of activity of the Government of the Russian Federation in this area are direct control and exercising control.

Exercising its powers, the Government of the Russian Federation adopts many government programs on a wide variety of issues. Such activities of the Government of the Russian Federation are aimed at guiding the executive authorities in the ongoing policies in the country. At the same time, the powers of the Government of the Russian Federation in relation to the Ministry of Defense of the Russian Federation imply the application of specific binding provisions of the current legislation that apply to certain relations.

The Ministry of Defense of the Russian Federation (Ministry of Defense of Russia) is a federal executive body that carries out the functions of developing and implementing public policy, legal regulation in the field of defense, as well as other functions established by federal constitutional laws, federal laws, acts of the President and Government of the Russian Federation functions in this area. The Russian Ministry of Defense acts on the basis of the Regulations, approved by resolution Government of the Russian Federation dated August 16, 2004 No. 10821.

Direct management of the Ministry of Defense is exercised by the Minister of Defense. At the same time, this body exercises its powers throughout the Russian Federation. Such powers are exercised both in relation to the Armed Forces, part of which may be part of the joint armed forces or be under unified command, and in accordance with international treaties and agreements - on the territory of other states.

Main key principle interaction of the Ministry of Defense with other authorities, as well as the implementation authority in relation to this body is based on the principle of separation of powers. System legal principles organization and activities of government bodies includes derivative principles that are based on system-forming principles and lay down legal basis for the organization and activities of individual parts of the state apparatus, including the Russian Ministry of Defense. Thus, the principle of election and appointment follows from the principle of democracy. These same principles include the principles of collegiality and unity of command, which form the basis for the functioning of government bodies. In relation to auxiliary government bodies B.S. Ebzeev also highlights the principle of unity. That is, they do not exist separately from the main body whose activity they provide. . In relation to the Ministry of Defense, such bodies include:

1. Aviation Flight Safety Service of the Armed Forces of the Russian Federation, whose activities are regulated by Decree of the Government of the Russian Federation of November 20, 2001 N 801 “On the Aviation Flight Safety Service of the Armed Forces of the Russian Federation.” The Aviation Flight Safety Service of the Armed Forces of the Russian Federation is entrusted with state control over the activities of aviation personnel of state aviation in terms of flight safety.

2. Military Band Service of the Armed Forces of the Russian Federation, designed to promote the spiritual and cultural development of military personnel and civilian personnel Russian Armed Forces, to train qualified personnel of military conductors and musicians.

3. Military Heraldic Service of the RF Armed Forces. This service is intended to implement the powers of the Ministry of Defense in the field of ensuring the implementation of a unified state policy in the field of heraldry in the Armed Forces of the Russian Federation.

4. Service for supervision of the circulation of weapons in the Armed Forces of the Russian Federation. The main task of this body is to exercise control over the circulation of weapons and ammunition in the Armed Forces at all stages of their operation

5. Hydrometeorological Service of the RF Armed Forces. The main task of this service is planning and organizing hydrometeorological support for the use of the Armed Forces in the interests of national defense and state security.

The military command and control bodies also include the command and control bodies of military districts, fleets, command of formations, formations and military units, chiefs and commandants of garrisons.

As constitutional legislation developed, it became obvious that it was impossible to radically divide the branches of government, making one completely isolated and independent from the other two, while vesting special status or special competence, the elevation or derogation of some bodies over others, broke the entire system of state power, and nullified the principle of separation of powers. Therefore, ultimately, the interaction of government bodies in general and the Ministry of Defense in particular implies that each branch (body) will have unlimited power only in its strictly assigned area of ​​competence. For this reason constitutional systems established formulas for mutual control and cooperation among the three branches of government, and within each government body. Consequently, the mechanisms and degrees of separation of relations among them in different constitutional regimes.

In modern Russian science, an attempt is being made to apply the principle of subsidiarity to the theory of separation of powers, under which N.A. Gaganova understands the following: “when the resources of one subject are insufficient to perform certain functions, achieve certain goals, another subject supplements its resources with its own to the necessary and sufficient level, or takes over the performance of its functions.” In her opinion, shifting the principle of subsidiarity to the plane of horizontal relations gives the following:

1) it is unacceptable to interfere with the competence of other (authoritative) subjects;

2) it is unacceptable to control the activities of subjects of “one’s own” level;

3) subjects of the same level must provide each other with assistance and support.

According to R.V. Yengibaryan, the thesis about the interaction of authorities should be supplemented with the requirement of subsidiarity of branches of government: “the meaning of this formulation is that if one branch of government lacks the powers (or abilities) to carry out its functions, the other branch of government helps it with its own means, if it allows it the constitution and there are no objections from the first branch of government."

The following example can illustrate the principle of interaction between authorities (and not subsidiarity):

1) The Minister of Defense of the Russian Federation does not have the right of legislative initiative. But often it is he who presents, through the head of state, certain bills relating to the defense and security of the country. It is within the bowels of the Ministry of Defense that the main process of developing a military doctrine takes place, consisting of the Concept of National Security, approved by Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation,” as well as various legislative documents (Federal Constitutional Law of 30 January 2002 No. 1-FKZ “On martial law”; Federal Constitutional Law of June 23, 1999 No. 1-FKZ “On Military Courts of the Russian Federation”; Federal Law of May 31, 1996 No. 61-FZ “On Defense” "; Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”; Federal Law of December 29, 2012 No. 275-FZ “On State Defense Order”; No. 117-FZ “On the savings and mortgage system housing provision military personnel"; Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” and a number of others). In turn, the Ministry of Defense acts through the representative of the President of the Russian Federation, when considering Federal Assembly RF bills affecting defense issues (although this is partly a violation of the principle of separation of powers).

2) conclusion joint agreements on interaction and cooperation between the Russian Ministry of Defense (executive power) and the Russian Central Election Commission (electoral power).

Interaction between the Ministry of Defense and other government bodies is carried out not only at the federal level. Basically, such interaction occurs between the executive authorities of the constituent entities of the Russian Federation and the authorities local government. So, at the regional and local levels relevant authorities, the Ministry of Defense ensures the implementation of measures to implement certain government programs, including equipping the territory with all the necessary infrastructure for defense and security purposes. Local government bodies, in accordance with the law, organize and ensure military registration and preparation of citizens for military service, their conscription for military service, military training and conscription for mobilization. In case of mobilization or war time According to the norms of the Federal Law of May 31, 1996 N 61-FZ “On Defense”, the reservation of citizens from among those working in these bodies takes place for state authorities and local self-government. The Ministry of Internal Affairs of Russia and its territorial divisions, in order to interact with the Ministry of Defense of the Russian Federation, carry out registration and mobilization preparation of transport and other technical means. A number of public organizations (for example, DSAF, etc.) also have a number of agreements on interaction with the Ministry of Defense within the framework of organizing cooperation on military-patriotic education of citizens, physical development, sports. Executive authorities of the constituent entities of the Federation and local governments provide solutions to issues social protection military personnel, citizens discharged from military service, and members of their families (set for this category fringe benefits, assist in employment, etc.).

Together with military command and control bodies, executive authorities and local governments participate in the development and ensure the implementation of plans for the transfer (mobilization plans) of the country's economy to work in wartime conditions, as well as plans and tasks for the accumulation of material assets of the state and mobilization reserves in organizations that have mobilization assignments for wartime, participate in planning and ensure the implementation of civil and territorial defense activities, ensure the implementation of state defense orders by organizations within their territories, coordinate and coordinate their work in the field of defense with military authorities.

Therefore, in our opinion, state power itself should not be divided between state bodies. The exercise of state power is associated with the division of certain functions between legislative, executive and judiciary, and they are independent only in the implementation of these functions assigned to them by the Constitution and laws.

The main formal legal guarantees interactions between public authorities are legal, presented mainly in the form of normative legal documents, treaties at various levels (such as: the Treaty Banning Atmospheric Tests of Nuclear Weapons, in outer space and under water 1963 or Decree of the Government of the Russian Federation of December 29, 2016 No. 1531 “On approval of the Rules of interaction between the Ministry of Defense of the Russian Federation and the Federal Service state registration, cadastre and cartography in the organization of geodetic and cartographic works carried out in order to ensure the defense of the Russian Federation") - they are implemented at all levels of the legal system of the Russian Federation.

To summarize, we note that by us the interaction of the Ministry of Defense of the Russian Federation and government bodies is understood as a joint relationship and cooperation based on regulatory legal acts or agreements that have clear delineations of competence arising on the basis of various functions, powers, mutual obligations in order to increase the efficiency of public administration for defense and security in the country.

The interaction of the Russian Ministry of Defense with other government bodies must be carried out in strict accordance with the laws and regulations governing both joint activities and the functioning of each body separately. At the same time, the basis of any interaction should be the norm of Article 10 of the Constitution of the Russian Federation on the principle of separation of powers. As well as such constitutional principles as the principle of unity of the federal system executive bodies authorities; the principle of protecting human and civil rights and freedoms; principle of transparency; the principle of democracy in decision making; the principle of legality, which leads to “a state of orderliness in social relations based on law and legality, that is, to legal order”; The principle of responsibility for decisions made is also important.

In general, the interaction between government bodies and the Ministry of Defense of the Russian Federation is one of key elements in the implementation of the constitutional principle of separation of powers, aimed at increasing the efficiency of the entire mechanism of public administration.

Bibliography

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4. Engibaryan R.V. Constitutional development in modern world. Main trends. M., 2007. P. 239.

5. Federal Law "O" state of emergency» dated 05/30/2001. No. 3-FKZ // SZ RF 4.06.01. No. 23. art. 2277

6. Federal Law “On martial law” dated May 30, 2001. No. 3-FKZ // SZ RF 4.06.01. No. 23. art. 2277

7. Decree of the President of the Russian Federation dated March 9, 2004 No. 314 “On the system and structure of federal executive authorities” // Russian newspaper 03/12/2004

8. Decree of the President of the Russian Federation of December 31, 2015 No. 683 “On the National Security Strategy of the Russian Federation” // Collections of Legislation of the Russian Federation of January 4, 2016 No. 1 (Part II) Art. 212.

Bibliographic description:

Nesterova I.A. Interaction of government bodies at different levels [Electronic resource] // Educational encyclopedia website

Currently, the relevance of legal mechanisms for interaction between levels of government is high. This is due to the key role of government in Russian reality at all levels and the significance of the processes occurring between different levels.

As part of the study of legal mechanisms of interaction between levels of government, it is necessary to highlight the very concept of a legal mechanism or mechanism legal regulation, as such. V.N. Khropanyuk gives the following brief but succinct definition of this term: “The mechanism of legal regulation is a system legal means, with the help of which ordering is carried out public relations in accordance with goals and objectives rule of law" .

The functioning of the mechanism of interaction between the constituent entities of the Russian Federation and its direct effectiveness in modern conditions directly correlates with the socio-economic development policy implemented by the state. Currently, socio-economic policy is aimed at eliminating spatial imbalances in the development of constituent entities of the Russian Federation and reducing the level of regional inequality in order to achieve the maximum possible interregional integration interaction. At the same time, there is a lack of developed conceptual frameworks that would ensure the involvement of the constituent entities of the Russian Federation in the process of forming socio-economic policy. This situation reduces the objective effectiveness and does not fully reflect the final target orientation of the ongoing transformations in social and economic sphere in the context of interaction between the constituent entities of the Russian Federation.

The mechanisms of legal regulation of interaction between levels of government include the following:

• organizational
• procedural
• formal

In modern conditions, organizational mechanisms for interaction between levels of government are very relevant. In the system of organizational mechanism there are the following bodies state power:

• Federation Council of the Russian Federation,
• State Assembly of the Russian Federation,
• Council of Legislators,
• Plenipotentiary representatives of the President of the Russian Federation in federal district and advice from them,
• representative offices of the constituent entities of the Russian Federation in Moscow.

Mechanisms of interaction between levels of government

Empowering the highest official of a constituent entity of the Russian Federation is an electoral technique that underlies the procedure for electing the head of the regional executive branch. The procedure itself is carried out legislative bodies subject of the Federation on the proposal of the President of Russia.

Currently in force in the Russian Federation is Federal Law No. 40-FZ “On Amendments to the Federal Law “On General Principles for the Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and the Federal Law “On Basic Guarantees of Electoral Rights and the Right to participation in the referendum of citizens of the Russian Federation."

As part of the latest Russian legislation, the highest official of a constituent entity of the Russian Federation is elected by citizens of the Russian Federation living in the territory of this subject of the Russian Federation and having, in accordance with federal law, active voting rights, on the basis of universal, equal and direct suffrage by secret ballot. All candidates for the position of the highest official of a constituent entity of the Russian Federation are nominated by political parties. The nomination of a candidate by a political party and the nomination of a candidate by self-nomination must be supported by 5 to 10 percent of deputies of representative bodies municipalities and/or favorites on municipal elections heads of municipalities of a constituent entity of the Russian Federation. The law of a constituent entity of the Russian Federation may provide for the nomination of candidates for specified position in the order of self-nomination.

Within the framework of this aspect, it will be relevant to draw attention to the fact that in a number of republics North Caucasus, in particular, in Ingushetia and Dagestan, it is planned to abandon direct elections of regional heads.

On August 20, 2013, the federal target program “Strengthening the unity of the Russian nation and the ethnocultural development of the peoples of Russia (2014-2020)” was adopted. A procedure was established that allowed the constituent entities of the Russian Federation to determine the procedure for electing a governor themselves - by direct voting of the population or by decision of the regional parliament.

According to explanatory note to the bill, this legislative initiative “is also aimed at ensuring sustainable socio-economic development of the constituent entities of the Russian Federation and preserving interethnic peace and harmony.”

As an alternative, the following is provided: the governor can be elected, subject to a certain procedure, by deputies of the Legislative Assembly. The procedure for electing a governor by deputies must be determined by the law of the subject of the Russian Federation.

The document has become invalid since 01/01/2017.

Distinction of jurisdiction between federal and regional authorities

In the system of relations between government bodies and subjects of the federation, there is a division of jurisdiction and powers between federal center And individual entities RF. This process, which began in February 1994 with the conclusion of a bilateral agreement with the Republic of Tatarstan, gradually acquired wide scope: by the summer of 1999, 46 bilateral treaties and 250 agreements. In connection with the differentiated approach to determining the rights of various subjects of the Russian Federation enshrined in treaties, significant differences in their status have arisen.

Only Federal Law No. 119-FZ of June 24, 1999 “On the principles and procedure for delimiting the subjects of jurisdiction and powers between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation,” which has now lost force, has limited the possibilities for the development of contractual relations on an unconstitutional basis . This, in turn, predetermined the downward trend in the role of contracts and led to the termination of many of them.

Currently, the procedure for concluding agreements on the delimitation of jurisdiction and powers between government bodies of the Russian Federation and constituent entities of the Russian Federation is regulated by Part 3 of Art. 11 of the Constitution of the Russian Federation and Article 26.7 of the Federal Law “On the general principles of the organization of legislative and executive bodies of state power of the constituent entities of the Russian Federation.”

Let us note that formulated in Federal Law No. 184-FZ in “On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” legislative formula about the economic, geographical and other features of the subject of the Russian Federation is quite abstract. According to A.N. Kokotov, with whom one cannot but agree due to its thoroughness, this very formula can be summed up wide range issues requiring individualization, which in turn require individualization of legally established powers. A striking example is the constituent entities of the Russian Federation, which are located on the territory Far North. The specificity of these subjects is the regional economic structure, the harsh northern climate, and huge, poorly inhabited or completely uninhabited spaces, the lack of developed transport and other infrastructure in many territories, and the national factor.

In the system of interaction between levels of government, the procedure for concluding agreements on the transfer of part of the powers between the executive authorities of the Russian Federation and the constituent entities of the Russian Federation is regulated by Decree of the Government of the Russian Federation of December 8, 2008 N 924 “On the procedure for concluding and entering into force of agreements between federal authorities executive power and executive bodies of state power of the constituent entities of the Russian Federation on transferring to each other the exercise of part of their powers."

Legal settlement of disputes between authorities

As part of the development of the Russian legal system, disputes inevitably arise in the sphere of regulation of powers between the Russian Federation and the constituent entities of the Russian Federation. In accordance with Article 3 and Article 125 of the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation has the authority to verify the constitutionality of laws, regulations and treaties, which is carried out due to three requests for complaints from government bodies, from courts and from citizens.

Currently, there is a clearly regulated procedure for resolving disputes about competence by the Constitutional Court of the Russian Federation. This aspect is regulated by the Federal Constitutional Law of July 21, 1994 N 1-FKZ as amended. dated 04/05/2013 "About Constitutional Court Russian Federation".

According to D.A. Kobzar structure of constitutional and legal disputes about competence contains the following elements: parties, boundaries, scope and subject of dispute, external socio-legal environment. These elements have certain specifics, which largely determine the procedure for resolving and preventing competence disputes.

In conditions modern development civil society in the Russian Federation, on the basis of the provisions of Article 80 of the Constitution of the Russian Federation, the President has the right to suspend the operation of regulatory legal acts of a constituent entity of the Russian Federation.

The suspension procedure is reflected in Federal law Russian Federation "On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation".

Formal mechanisms of interaction between levels of government are prescribed in paragraph 7 of Art. 26.3 Federal Law of the Russian Federation “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”) these include the organization and implementation of regional and intermunicipal programs and projects in the field of environmental protection and environmental safety.

Literature

1. Khropanyuk V.N. Theory of Government and Rights. – M.: Omega-L, 2009
2. Komkova G.M. Constitutional law of the Russian Federation. – M.: Yurayt, 2013.
3. Decree of the Government of the Russian Federation of August 20, 2013 N 718 “On the federal target program"Strengthening the unity of the Russian nation and the ethnocultural development of the peoples of Russia (2014-2020)"
4. Kokotov A.N. Agreements on the division of powers between the authorities of the Russian Federation and the constituent entities of the Russian Federation (regulatory innovations) // [Electronic resource] Access mode: http://www.usla.ru/articles/kokotov/k07.pdf‎
5. Kobzar D.A. Judicial permission constitutional and legal disputes about competence in the Russian Federation: Abstract of the dissertation for the competition scientific degree candidate legal sciences// [Electronic resource] Access mode: http://law.edu.ru/book/book.asp?bookID=1210807
6. Federal Law of October 6, 1999 N 184-FZ "On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" as amended. from 04/05/2013 // Russian newspaper, N 206, 10/19/1999.

Public relations services in government agencies involve organizing and maintaining an equal dialogue between citizens and authorities, despite the fact that main goal This dialogue is a joint search for ways to solve problems that concern citizens.

The Impact of the Nature of the State and the Principles of Organization civil service on the organization of the work of public relations services is reflected, first of all, in the goals and objectives set by the relevant power structures before the public relations service at the design level of these services.

Translating the targets of public relations services into language political sociology and taking into account their presentation in the preambles of the Public Relations Regulations of 31 constituent entities of the Russian Federation analyzed by the author revealed the following picture.

A list of such goals and objectives is contained in the Regulations on Public Relations Services, which it is intended to guide in its activities.

The main goals of the activities of public relations services are: (% of the number of subjects surveyed):

• 1. ensuring transparency and openness in the work of the administration - 30%;
• 2. ensuring connections with citizens and their associations - 91%;
• 3. promoting cooperation with citizens and their associations in the development and implementation of programs and decisions - 38%;
• 4. assistance in the implementation of legislation - 32%;
• 5. assistance in the formation of civil society institutions - 10%.

As evidenced by the data obtained, in the Regulations on public relations services of the constituent entities of the Russian Federation, almost everywhere there is only one target function - ensuring relations with citizens and their associations.

The functional features of the activities of public relations services in government bodies determine their organizational structure. As practice shows, most often structures that are government agencies They are engaged in public relations and consist of four divisions.

• · Information and analytical department.
• · Information Communications Department.
• · Department for work with political parties and public organizations.
• · Organizational and legal department.

An analysis of the activities of modern Russian government public relations structures shows that the distribution of responsibilities between these units, as a rule, occurs as follows.

Tasks of the information and analytical department:

• 1. Collection and analysis of information of a socio-political nature related to the implementation of political and economic activities of the Government and the State Duma of the Russian Federation, regional bodies executive and legislative branches.
• 2. Monitoring, analysis of status and dynamics public opinion in the process of implementing economic, political and social programs and actions.
• 3. Activity analysis regional funds mass media coverage and interpretation of the activities of federal and regional government bodies.
• 4. Forecasting the socio-political situation and possible scenarios for the development of events in the country, region, subject of the Russian Federation, in connection with the implementation of initiatives, political actions, expenses in the economic and social policies of both federal and regional authorities.
• 5. Examination of materials informing about the activities of public authorities.
• 6. Development of methodological recommendations for information support activities of the authority, dissemination of information and information exchange in the interests of forming a complete and reliably positive assessment by the population of the authority.

Objectives of the Information Communications Department:

• 1. Formation of an objective public opinion about the activities of a public authority.
• 2. Informing about activities and explaining decisions made and practical actions authorities.
• 3. Accreditation and support of journalists at a state institution, in the manner prescribed by current legislation.
• 4. Preparation and distribution of statements, messages, press releases and other official information materials of public authorities.
• 5. Conducting outreach activities using various forms(advertising brochures, information stands, leaflets, newsletters, public opinion polls, etc.).
• 6. Conducting an analysis of publications in the press, radio and television information, letters and appeals from citizens, requests from media editors. Preparation, based on analysis and letters, appeals from citizens, press publications and television and radio information, requests from the media, proposals for ensuring information activities of the public authority.
• 7. Preparation and distribution of official refutations in the event of publication of untrue information about the activities of the administration.
• 8. Organization of interaction with printed and by electronic means mass media in the preparation of publications and television and radio programs dedicated to the activities of structural and territorial divisions authority.
• 9. Release of printed, television, radio and video products dedicated to the activities of the government body and aimed at increasing the investment attractiveness of the region.
• 10. Interaction with PR and advertising communities.
• 11. Supervision of the activities of press secretaries of dual subordination of sectoral and territorial executive authorities

Tasks of the department for work with public associations:

• 1. Supporting the activities and interaction with public associations, ensuring the activities of bodies for interaction with public associations, participation in organizing and holding consultative meetings with political parties and movements.
• 2. Representation of the authority on official events: rallies, meetings, meetings, etc. Participation in the organization and conduct of citywide events according to the activity plan of the government authority, as well as participation in the organization and conduct of events organized by public associations. Representation of the administration at events held by public associations.
• 3. Organization of public opinion research on critical issues life of the country, subject of the Russian Federation.
• 4. Collection and analysis of information of a socio-political nature related to the implementation of political and economic activity The Government of the Russian Federation and regional executive and legislative bodies.
• 5. Providing the public relations service with current, analytical, forecast information related to assessing the state of public opinion and the nature of socio-political processes.
• 6. Development of recommendations on information support for the activities of the government body, dissemination of information and implementation of information exchange, in the interests of forming a complete, reliably positive assessment of the results of the administration’s activities.
• 7. Interaction with deputies of legislative power at various levels, as well as deputies of municipal councils on issues within the competence of the unit.
• 8. Coordination of applications from public associations and initiative groups of citizens to conduct mass civil actions (pickets, rallies, processions, demonstrations).
• 9. Organization of activities for the distribution of budget funds in the form of grants for the implementation of the most socially significant projects of public associations. Preparation of draft agreements (contracts) with the winners of relevant competitions.

Tasks of the organizational and legal department:

• 1. Organization and implementation of legal examination of documents issued or transferred to the public relations service for approval or approval; management of the examination, maintenance and registration of business contracts.
• 2. Organization and holding of press conferences, briefings, round tables with the participation of administration employees and representatives of the media. Organization and coverage of events held with the participation of top officials, visits of official delegations, as well as assistance in the organization, conduct and coverage of mass public events and actions.
• 3. Ensuring solutions to issues of placement and operation of facilities outdoor advertising and information in the region, interaction with organizations and enterprises working in this area.
• 4. Order and purchase in in the prescribed manner printed products, information technology equipment, software, office equipment for carrying out the activities of the public relations service. Organizing and conducting the necessary competitive procedures for placing an order for contract work For state needs according to budget items supervised by the department.
• 5. Management of providing the activities of public relations employees with office equipment, furniture and stationery, as well as accounting and control of material assets.
• 6. Organization of work with personnel and personnel records management, ensuring the work of the reception office of the head of the PR service.
• 7. Involvement of managers and employees of other departments in their activities government agency, as well as in accordance with the current legislation of specialists on contractual terms to resolve issues within the competence of the department.
• 8. Organization and control over the holding of competitions for placing orders for contract work for state needs on budget items supervised by the department: conducting competitive and other pre-contractual procedures, preparing draft contracts, as well as monitoring their implementation when spending budget funds on target items.
• 9. Ensuring the preparation of appeals to state and municipal authorities on issues of competence of management activities.