Parliament is the highest representative and legislative body of state power. The Federal Assembly is the representative and legislative body of the Russian Federation

The highest body of representative and legislative power of the Russian Federation is the parliament - the Federal Assembly, consisting of two chambers: the lower chamber - the State Duma, the upper chamber - the Federation Council. They carry out legislative functions, consider and resolve the most important state issues, form other higher state bodies (government, judicial bodies, etc.) and have the right to control the activities of the entire state apparatus (Diagram 19).

The State Duma consists of 450 deputies serving on a professional basis with a four-year term of office. She is elected by direct universal suffrage using a mixed system. According to the Constitution, the State Duma gives consent to the President to appoint the Chairman of the Government and decides the issue of confidence in the government. However, the parliamentary powers of the lower house on the formation of the executive branch and control over its activities are actually limited. This is expressed in the fact that, under a certain political situation in the country, the President can dissolve the State Duma if the latter has rejected a candidacy for the post of Chairman of the Government three times in a row. There are also “limits” on the issue of trust in government. Thus, if no confidence in the government is repeated within three months, the President may decide either to dismiss the government or to dissolve the lower house.

The Federation Council is formed by delegating two representatives from each subject of the Federation: one each from the representative and executive authorities (in number this amounts to 178 delegates). The jurisdiction of the upper chamber includes issues related to changing the boundaries between the subjects of the Federation, the appointment of judges of the Constitutional Court (19 judges), the Supreme Court, the Supreme Arbitration Court, the Prosecutor General, the approval of Presidential decrees on the introduction of a state of emergency, and resolving issues on the use of armed forces outside the country and others. To monitor the execution of the federal budget, both chambers of the Federal Assembly form the Accounts Chamber.

The head of state is the President. He is elected by direct popular vote for a term of 4 years and no more than two consecutive terms.

The powers of the President of Russia are divided into powers in the field of public administration; in the field of legislative activity; in the judicial field; foreign policy powers; representative; emergency.

The President has the right to participate in the formation of the government: he appoints the Chairman of the Government with the consent of the State Duma, and also appoints and dismisses Deputy Chairman of the Government, federal ministers, heads of committees and departments. The president directs the activities of the government, can chair its meetings, and makes decisions on the resignation of the government with the consent of the lower house.

The President actively participates in the legislative process. Laws adopted by the Federal Assembly are transferred to the president, who signs them or returns them to parliament with his objections within two weeks for re-discussion and voting. If the law is rejected by the president and if it is re-approved by 2/3 of the total number of members of the Federation Council and the State Duma, the law must be signed by the president (within 7 days). The head of state has the right of legislative initiative. Moreover, it should be noted that in addition to the president, a significant number of subjects of the political system have this right: the Federation Council, members of the Federation Council, deputies of the State Duma, the government, representative bodies of the constituent entities of the federation, the Constitutional Court, the Supreme Court and the Supreme Arbitration Court. But the head of state in special cases can use his right to address directly the people, as well as announce a referendum on certain issues of legislative activity and thus resolve issues bypassing parliament. The President himself issues a large number of regulations (decrees, reorganization acts, orders, etc.).

In the practice of the activities of the highest state bodies, the president annually submits reports on the situation in the country, on the main directions of the domestic and foreign policy of the state. The President can address a message to the citizens of the country.

The President heads the Russian Security Council. The head of state approves military doctrine and has the right to declare a state of emergency and use armed forces outside the country's territory by decision of the Federation Council.

The foreign policy powers of the head of state are very extensive. The President is the country's highest representative in the field of foreign relations and leads foreign policy. When traveling abroad on official visits, he enjoys the right to a particularly ceremonial reception and is granted a number of privileges. He is considered a representative of his country by right and does not need special powers for this. The President is given the right to conduct international negotiations and conclude international treaties and agreements (they come into force after ratification by Parliament). He also appoints and recalls diplomatic representatives of states, accepts credentials and letters of recall of diplomatic representatives accredited to him.

The highest bodies of judicial power in Russia are the Constitutional Court, the Supreme Arbitration Court and the Supreme Court.

The system of federal executive authorities includes the Government of the Russian Federation, consisting of the Chairman of the Government, his deputies and federal ministers, as well as sectoral and intersectoral bodies: ministries, state committees, federal services, interdepartmental commissions, councils, etc. The Government of the Russian Federation develops and ensures the execution of the federal budget , manages federal property, ensures the implementation of socio-economic programs, carries out measures to ensure the country’s defense, state security, implementation of foreign policy, etc.

According to the Constitution of the Russian Federation, the system of executive authorities of republics, territories, regions, federal cities, autonomous regions, and autonomous districts is established by the constituent entities of the Russian Federation independently in accordance with the fundamentals of constitutional law.

The vertical separation of powers presupposes the existence of representative and legislative bodies of the subjects of the Federation, which have the right of legislative initiative, and representative bodies of local self-government. By their nature, these are parliamentary-type bodies. This means that, in addition to the professional composition (the work of deputies on a permanent basis) and the permanent nature of the work, the meeting of representatives (the Duma, the municipal committee, the city assembly, etc.) must be free from the influence of higher authorities on them.

Representative bodies, within their competence, discuss and make decisions on issues of development of a given territorial community, monitor the work of the Oral Executive Bodies and courts at the appropriate level.

Local executive authorities are determined by the population independently to resolve issues of local importance regarding the ownership, use and disposal of municipal property. The heads of local administration (mayor, governor) must be elected by the population on the basis of universal, equal, direct suffrage.

Local governments independently form, approve and execute the local budget, establish local taxes and fees, maintain public order, and also resolve issues of local importance. In addition to their own competence, local governments can perform some state functions, for the execution of which the necessary material and financial resources must be transferred. The transfer of functions must be of a contractual nature between state authorities and local governments.

Thus, in the Russian Federation there is a fairly extensive multi-level system of representative, legislative and executive authorities. Further development of democracy, strengthening of local self-government, empowerment of citizens includes the subsequent decentralization of public administration and the subsequent shift of management functions from the federal to the regional and local levels

Representative (legislative) bodies of state power– state bodies elected by the people for general management and exercise of established competence, which determine the main directions of the state’s activities by adopting acts that have legal force - laws, and control their implementation.

Types of representative bodies:

highest representative bodies (parliaments).

Types of parliamentary structures:

a) unicameral;

b) bicameral: a chamber of deputies, representing the interests of all citizens, and a chamber of representatives, reflecting the interests of social groups of a certain administrative-territorial unit of the state.

local authorities and self-government.

Local self-government means the independent decision by the population of any territorial community of issues of local importance, financed from the local budget and under the responsibility of the population of the specified community.

Main functions of the representative body:

Adoption of laws;

Approval of budgets;

Control over the Government in the form of requests, discussions of its activities, reports.

3.3.4. Executive bodies of state power

Executive bodies of state power (governments, ministries) – bodies designed to ensure the implementation of state policy and execution of laws adopted by representative bodies of state power. Executive state bodies carry out activities to manage various areas of the social sphere through the adoption of subordinate decisions, operational work and monitoring the implementation of decisions made by bodies of other branches of government.

The executive activities of these bodies are carried out through the implementation of decisions made by representative bodies.

Administrative activity consists of management by issuing by-laws and performing organizational actions.

Principles of organization and activity of executive authorities:

1) the presence of a service hierarchy;

2) the existence of a division of labor system;

3) the functioning of a system of rules establishing the rights and obligations of civil servants;

4) introduction into management policy of certain methods and techniques to solve existing problems.

3.3.5. State judicial authorities

Judicial authorities - government institutions administering justice. Exercise control and supervision over the implementation of laws and regulations, resolve legal disputes, and apply sanctions for violations.

Types of courts in Russia:

Constitutional Court,

Supreme Court (courts of general jurisdiction),

Supreme Arbitration Court (arbitration courts).

Types of legal proceedings:

constitutional;

civil;

administrative;

criminal.

Each of the branches of government, exercising its own powers, has the function of monitoring and limiting the actions of other branches of government if they exceed the limits of their powers.

4. Theory of law

1. Concept, principles and functions of law

Law plays an important role in organizing public life, regulating people's behavior and the activities of groups.

Law is a system of rules of behavior aimed at regulating social relations and creating order in social relations.

4.1.1 .Concept and signs of law

Right – a system of generally binding, formally defined norms established and enforced by the state, expressing the will of the people and aimed at regulating the behavior of individuals and organizations.

Law is understood in an objective and subjective sense.

Objective law is a set of generally binding rules of behavior expressed in a system of legal norms.

Subjective right is a set of powers of a specific person, consisting in the ability to independently choose the type and measure of one’s own behavior.

Signs of entitlement:

Consistency is a set of legal norms characterized by interaction, consistency and consistency.

Coming from the state - accepted or sanctioned by it.

Protected by the state - violation of the law entails the use of state coercive measures.

Generally binding - the rules of law extend their effect to all subjects located on the territory of a given state.

Formal certainty - the law is contained in certain forms: regulations, judicial precedents and legal customs.

Regulates social relations.

State organ- this is an integral part of the state mechanism, which, in accordance with the law, has its own structure, certain powers to manage a specific sphere of public life and organically interacts with other parts of the state mechanism that form a single whole.

Representative government bodies include legislative institutions and local authorities and self-government. They are formed by their election by the population of the country, act on its behalf and are responsible to it.

The functions of the legislative branch are carried out by the highest representative bodies of the state. The legislative body occupies a dominant position in the mechanism of the state, since, in accordance with the principle of separation of powers, the legislative power is the most important. It establishes generally binding requirements that the executive branch must implement and which serve as the legislative basis for the activities of the judicial branch.

In a democratic state system, the highest representative and legislative body is the parliament. He represents the sovereignty of the people, and he alone is competent to express the will of the people in the form of law.

Parliament may consist of one or two chambers. A bicameral parliament exists, as a rule, in federal (union) states. Thus, the Federal Assembly of the Russian Federation consists of the Federation Council and the State Duma, the US Congress - the Senate and the House of Representatives.

The representative and legislative body of Russia is Federal Assembly, which consists of two chambers - Federation Council and State Duma.

The Federation Council includes two representatives from each of the 88 constituent entities of the Russian Federation: one each from the representative and executive bodies of state power.

The State Duma consists of 450 deputies elected in accordance with federal law. Deputies work on a permanent professional basis. The main function of the State Duma is the adoption of laws.

The Federal Assembly is a permanent body.

The jurisdiction of the Federation Council includes:

Review and approval of laws adopted by the State Duma;

Changing the borders between the subjects of the Federation;

Approval of decrees of the President of the Russian Federation on the introduction of martial law or a state of emergency;

Making a decision on the possibility of using the Russian Armed Forces outside its territory;

Appointment of elections of the President of the Russian Federation;

Appointment of judges of the Constitutional Court, Supreme Court, Supreme Arbitration Court of the Russian Federation, Prosecutor General and other issues.

The competence of the State Duma includes:

Giving consent to the President for the appointment of the Chairman of the Government of the Russian Federation;

Resolving the issue of trust in the Government;

Appointment and dismissal of the Chairman of the Central Bank of the Russian Federation;

Appointment and dismissal of the Commissioner for Human Rights, acting in accordance with federal constitutional law;

Announcement of amnesty and other issues.

The system of representative and legislative bodies of state power as an integral structural part of the mechanism of the Russian state, along with the Federal Assembly, also includes legislative and representative bodies formed by the constituent entities of the Russian Federation. The legislative bodies of the constituent entities of the Russian Federation are called differently: regional and regional dumas ( in the federal city of Moscow - City Duma), Legislative Assembly (in the federal city of St. Petersburg and in the Leningrad region). Representative meeting (in the Astrakhan region), etc.

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See what “public authority” is in other dictionaries: GOVERNMENT AUTHORITY

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Representative government bodies include legislative institutions and local authorities and self-government. They are formed by their election by the population of the country, act on its behalf and are responsible to it.

The functions of the legislative branch are carried out by the highest representative bodies of the state. The legislative body occupies a dominant position in the mechanism of the state, since, in accordance with the principle of separation of powers, the legislative power is the most important. It establishes generally binding requirements that the executive branch must implement and which serve as the legislative basis for the activities of the judicial branch.

In a democratic state system, the highest representative and legislative body is parliament. He represents the sovereignty of the people, and he alone is competent to express the will of the people in the form of law. "Parliament" is a generic term. In England, India, Canada, Finland, Japan and a number of other countries, the legislative body is directly called parliament. In other countries, this government body is called differently (for example, the Diet in Poland, the Folketing in Denmark, the Althing in Iceland, the Congress in the United States of America).

Parliaments may have bicameral and unicameral structure. In federal states, parliaments consist of two chambers - bottom And top, which, in principle, have the same legislative powers (in the USA - the House of Representatives and the Senate, in Austria - the Federal Council and the National Council, in India - the House of the People and the Council of States). In the Federal Republic of Germany, legislative powers are exercised by the lower house - the Bundestag, and the Bundesrat, which represents the states, can only slow down the adoption of a particular law by protesting the bill in the Federal Constitutional Court.

A bicameral parliamentary system also occurs in some unitary states. This is largely due to the desire for a more stable balance of power between the executive and legislative powers, in which the unfettered power of one chamber is tempered by the creation of a second chamber formed on a different basis (for example, the House of Commons and the House of Lords in England).

Unicameral parliaments exist mainly in countries with a more or less homogeneous national composition of the population or small in territorial size (Hungary, Denmark, Poland, Finland).

Under parliaments, various committees And commissions(permanent and temporary), which are designed to ensure more efficient activities of the legislative body. They work on specific issues within the competence of parliament: budgetary and financial activities, international affairs, healthcare, issues of social policy, the fight against crime, national defense and others.

Along with direct lawmaking, parliament has supreme financial powers, exercises control over the executive branch, and also decides other important issues of public life of society.

Financial powers of parliament. Resolution of financial issues, primarily consideration of the draft state budget, is a special parliamentary prerogative. When approving the state budget, parliament compares the total amount of expenses with the total amount of income, classifies expenses by item, determines their importance for the economy and other areas of public life and, thus, makes parliamentary control over the expenditure of state financial resources quite effective.

Parliamentary control over the executive branch. Parliament exercises control over executive authorities through a wide variety of methods. The first of these is that parliament participates in the appointment of various officials and bodies constituting the executive branch. The main type of parliamentary control over the executive branch is appointment of the head of state by parliament. Such control is fully exercised in parliamentary republics.

Under presidential rule, where elections of the head of state are carried out on the basis of universal suffrage, including by the electoral college, the participation of parliament in the formation of the head of the supreme executive power is nominal. For example, the US Congress is only concerned with counting votes in presidential elections, and only if none of the candidates receives an absolute majority of votes. The House of Representatives elects the president, and the Senate elects the vice president. In France, members of parliament participate in the election of a candidate for the post of head of state; moreover, each deputy must secure the support of at least 100 people, including members of parliament, members of the economic and social council, general councilors or elected mayors.

Depending on the form of government, parliament to one degree or another participates in the procedure for appointing the head of government and cabinet and thus influences the structure, personnel and nature of government activities. In a number of countries, heads of government and members of the cabinet are appointed by parliament and are responsible to it. This is typical for those states where the method of direct elections of executive bodies of state power is in effect. Under such an electoral system, parliament, by an absolute majority of the chambers (chambers), elects the head of government, who then submits candidates for government membership to parliament for approval.

In some countries, according to the constitution, parliament expresses its point of view on the candidacy of the head of government before the formal act of his appointment. Thus, in Japan, the parliament appoints the prime minister from among its members, after which the emperor must approve his appointment. The Prime Minister is nominated by a resolution of each house of parliament. However, if the House of Representatives and the House of Councilors cannot reach an agreement on a candidate, then after 10 days the decision of the House of Representatives becomes the decision of the whole Parliament. The Prime Minister appoints ministers of state who form the Cabinet. According to the Japanese Constitution, the majority of Cabinet members must be elected from members of Parliament.

In states with classical presidential rule, as is known, the powers of the head of state and the head of government are combined in one person, and parliament takes only an indirect part in the election. However, even in the United States, members of the presidential Cabinet are appointed not at the direct discretion of the president, but “with the advice and consent” of the Senate. The same principle applies to the appointment of ambassadors, consuls, and judges of the Supreme Court.

Responsibility of the executive branch to parliament. In civilized countries, the highest bodies of executive power are responsible for their activities to parliament. This is expressed as follows:

Firstly, the head of state, by decision of the highest representative bodies of state power, is deprived of his powers;

Secondly, the government resigns at the same time as the head of state;

Thirdly, parliament can deprive individual members of the government of their mandate and appoint new ones in their place;

Fourthly, in accordance with the principles underlying the parliamentary system, the dissolution of parliament at the request of the head of state or government is accompanied by their responsibility to parliament.

Parliamentary control is designed to ensure that the legislative branch is aware of government policy, promotes its public utility through constitutional means and effectively guarantees the free development of the individual.

Incompatibility of positions. Incompatibility of positions is understood as a rule that prohibits a member of parliament from holding other state or public positions during his term of office. The purpose of this rule is to prevent parliamentarians from becoming dependent on any government authorities or private interests.

An important factor in the activities of many parliaments is opposition, which includes members of the parliamentary minority who differ on certain issues from the policies of the parliamentary majority and the government.

Local state authorities and local self-government. These government bodies, as a rule, are representative in nature and operate within the relevant administrative-territorial units (municipal councils, prefectural assemblies, Councils of People's Deputies, national councils, communal councils). Local representative bodies are elected directly by the population of administrative-territorial units. They have jurisdiction, within the limits established by law, of local enterprises, the local budget, issues of local improvement, transport, water supply, consumer services, public education, healthcare, maintaining law and order, civil defense, fire safety and others.

Historically, two main forms of local government organization have developed. The most democratic organization of local government is one in which all local affairs are in the hands of elected bodies(local government) at various levels. In Japan, for example, all major issues of internal life in prefectures, cities, towns and villages are decided by elected assemblies. In our country, local government bodies also have broad powers to independently resolve various issues in the life of a particular administrative-territorial unit (town, village, city, district, region).

In a number of countries, local governments within certain parameters limited in their actions by the central government. Although they are in charge of local economy, finance, health care, road construction and other important issues, nevertheless, the maintenance of law and order is entrusted to a person appointed by the center. A typical example of this is the organization of local government in France, where in departments the central government is represented by a prefect, who is appointed by the president. All departmental services are subordinate to the prefect; he exercises control over municipal services and directs the police. The General Council, as a self-government body, decides all other issues of local importance. Municipal councils operating in the communes in turn elect a mayor, who is also the representative of the center and the head of the local police.

EXECUTIVE AND ADJUSTMENT BODIES OF STATE AUTHORITY,