The state executive power of the Russian Federation is realized through special institutions. They are vested with certain legal powers. Let us further consider what constitutes the executive branch in the Russian Federation.
Characteristic
Executive power in the Russian Federation is presented in the form of a relatively independent direction. At the same time, the institutions included in it closely interact with legislative and judicial institutions. Its functions are expressed in the practical implementation of legislation throughout the country. For their implementation executive bodies the authorities of the Russian Federation are vested with the relevant powers. They are manifested in the ability and ability to exert a certain influence on the behavior of subjects, to subordinate them to the law. The powers of institutions are exercised in relation to different (individual and group) elements of society. The federal executive branch of the Russian Federation acts as an integral component of the internal political mechanism. It always functions together with judicial and legislative institutions. In those areas where state power is absent, the executive system in its constitutional meaning does not work either. So, in particular, it is not at the level of individual commercial and budgetary enterprises, institutions.
Important point
The executive branch cannot be considered as a type of state activity. This is due to the fact that the latter acts only as a form of its practical implementation. It follows from this that executive power and executive activity are also not identical concepts. The first is the essential expression of the second. Power reflects the functional orientation of executive activity, certainty of competence. This means that the first acts as a basic category. In this connection, the executive branch of the Russian Federation cannot be identified with state administration. The latter is characterized precisely as a form of its implementation.
Specificity
Executive power is expressed in a certain type of state activity. At its core, it is law enforcement. This quality fundamentally distinguishes the executive branch and acts as its direct purpose. Enforcement is positive. It is expressed in the direct implementation of the requirements of the law. This is necessary for the organization of effective, stable operation of all objects and entities under the influence of power.
Institutional Features
The executive branch of the Russian Federation, as indicated above, is implemented through the work of certain institutions. This is a mandatory constitutional requirement. The executive branch of the Russian Federation includes only certain institutions. They cannot be judicial or legislative institutions. The system acquires its dynamic qualities through the work of its bodies, which, in turn, are characterized as executive entities. Here it should be said about the need to separate the concepts. The executive branch of the Russian Federation, having a subjective expression, cannot be considered as a complex of institutions designed to carry out law enforcement functions. It is only expressed in their practical work.
Spheres of influence
The executive branch of the Russian Federation is characterized by the fact that its subjects have at their disposal the most significant elements:
- The most important communication tools.
- Finance.
- Army and other military units.
- Police.
- External and internal security services.
- Penal institutions and so on.
Differences from government
State regulation and executive power are characterized by a single basis. At the same time, it should be borne in mind that executive and administrative activity (management) to a greater extent acts as an organizational and legal category, and work on the implementation of executive power is political and legal. Public administration is a broader concept. The executive branch, to a certain extent, is a system derived from it.
It is designed to determine the nature and extent of the powers that are exercised within the framework of management. At the same time, state regulation acts as a type of activity aimed at the practical implementation and implementation of the executive branch. The latter is the essence of management work. The executive branch expresses mainly its functional orientation. This means that all of its subjects are also the links of government. At the same time, not all elements can be such in the constitutional sense. For example, the administration of a state organization or concern cannot act as such links.
Dualism
The powers to manage the executive system are divided between the two bodies. One of them is the president. The second institution is the Supreme Executive Body of the Russian Federation. This legal position is clearly reflected in the Presidential Decree. The document defines the executive authorities of the Russian Federation, subordinate to these institutions. The president is endowed with fairly broad powers. Organizationally, the Supreme Executive Body of the Russian Federation, as an executive institution, is not subordinate to it.
Delineation of subjects of reference
In the Federal State, which is the Russian Federation, it is extremely important to consolidate the principle of unity of state power. At various levels that are not subordinate to each other, a unified approach to the implementation of the country's domestic policy is ensured. The separation of spheres of influence between key institutions involves the delimitation of subjects of reference. This principle is present in all areas of state policy. The executive authorities of the Russian Federation can solve issues at different levels. Some of them relate to the exclusive jurisdiction of Russia, while others relate only to the powers of its subjects (regions). There are also issues that are resolved jointly. For each category, the principle of unity of approaches is defined differently. As for the issues of exclusive management of subjects, their decision is carried out by regional bodies independently, without the participation of federal institutions.
Installed separation schemes
Within the exclusive jurisdiction of Russia, only federal executive bodies of the Russian Federation can adopt normative acts. Their implementation is carried out by all institutions at all levels. In particular, we are talking about the federal bodies themselves, and regional and local ones. Thus, in relation to subjects of jurisdiction of Russia, a vertical scheme is formed. On issues that are resolved jointly, institutions are not actually and formally subordinate. Each of them at its own level adopts and implements normative acts. There are three schemes of separation of powers in the field of joint management:
1. Management is carried out by two subordinate executive authorities of the region and the Russian Federation. The distinction can be represented as follows:
- general regulation - detailed management;
- direct distribution of the powers provided by the levels of power by federal legislative act.
2. Management is carried out by a regional institute to which relevant capabilities have been delegated.
3. The powers are exercised by the territorial division of the federal executive body, which are transferred to it by the entity. Currently, such a scheme is not implemented in practice.
The system of executive authorities of the Russian Federation
It includes:
- Ministries.
- Federal agencies.
- Service.
Jurisdiction is determined depending on the direction of activity of these institutions. For example, the Ministry of Defense, the Ministry of Foreign Affairs, the Ministry of Internal Affairs, and the FSB report to the president. The Institute, to which the Ministry of Finance, the Ministry of Regional Development, the Ministry of Transport, etc., are subordinate, is the government of the Russian Federation. Executive power at the level of subjects can be represented in a generalized form:
- Governor of the region, president of the republic, etc.
- The supreme executive authority.
- Central institutes of special competence.
- Territorial institutions.
Organization Features
There are two types of structure construction:
- Linear It involves the responsibility of the head of the body for his work as a whole. The administration exerts a managerial influence on all subordinates. In this case, the head has the right to bring to disciplinary action the perpetrators of certain violations. With this structure, there is a consistent subordination of employees from downstream to upstream.
- Functional. In such an organizational model, a manager is appointed as a line manager. The candidacy is agreed upon with the functional official. For example, the head of the traffic police unit is appointed by the head of the territorial authority. However, his candidacy should be agreed with the head of the regional traffic police.
Divisions
The following types of structural units exist:
1. Leadership. It includes immediate superiors and their deputies. Each of them is a relatively independent unit. Deputies are divided into:
- the first to exercise the powers of chiefs in full in case of their absence;
- simple;
- solving a certain range of issues.
2. Departments:
- operational, resolving current issues related to the activities of the body;
- functional, in charge of which there are separate tasks that are not directly related to the goals of the institute (accounting, for example);
- territorial;
- auxiliary and material and technical.
Competence
The system of executive authorities of the Russian Federation has certain legal capabilities to carry out certain legally significant actions or make decisions that entail consequences that are binding on third parties. Powers are classified depending on their functional purpose:
- Guiding. They involve the management of work, the definition of targets, the availability of the ability to give binding orders.
- Regulatory. They relate to both the adoption of regulations establishing the relevant rules, and ensuring their implementation in the course of ongoing work.
- Supervisory. These powers can be exercised both relatively organizationally and functionally subordinate entities.
- Coordinating. Such powers are exercised if the executing authority is not subordinate to the institutions that it controls. For example, such work is carried out by interdepartmental commissions.
Depending on the method of consolidation, powers can be:
- General-purpose. In this case, there is an approximate definition of the terms of reference.
- Browned. Such features are specifically set in open or closed lists. The first method is used when fixing government powers eg. Closed lists establish a range of opportunities for institutions of special competence.
- Delegated.
- By contract.
Depending on the implementation order, there are:
- Associated Powers. They suggest the possibility of making only one specific decision in the presence of a specific legal fact.
- Powers exercised by permission of a superior person / body. Such situations, for example, occur when an employee can extend a period or request documentation after consultation with his supervisor.
- Joint powers. They can be implemented by agreement between bodies. For example, a contract may involve verification with the participation of a service.
- Discretionary authority. They are implemented at the discretion in cases where the official is given the opportunity to assess the totality of facts and make an appropriate decision.
Depending on the empowered powers, a circle of issues is defined that relates to the conduct of a particular institution (jurisdiction).