Officials are those citizens who temporarily, permanently or by special authority perform the tasks of a representative of the authorities or carry out administrative, economic, organizational and managerial functions in various municipal and state institutions and bodies, as well as in the Armed Forces, military units and other troops of the Russian Federation .
Features
Who is the official? Let's consider in more detail.
Judging by the content of the concept, three main groups of features can be derived, which are the basis for the recognition of this status.
The nature of the functions provided makes it possible to clearly identify the list of persons who are considered official.
The actions to be performed by a representative of authority as an official depend on the authority that he represents. The activities of an official are built solely on relationships with a large indefinite circle of persons who are not his administrative subordinates.
So, a person who performs organizational and managerial functions is called upon to monitor the activities of an institution, department, organization, etc. That is, such tasks are constantly associated with the management of people.
If the official performs administrative and business functions, then he does not have to lead people. Its most important tasks in this case are the disposal of various material values, the implementation of the procedure for their receipt, storage, vacation, sale, etc.
The functions assigned to the highest official of a constituent entity of the Russian Federation are informed by a law, order, instruction, charter or other normative act that appoints to a position in which the rights and obligations of a citizen are established upon entry into a certain position.
Persons who have not been appointed to relevant posts, but actually perform their functions, may be recognized as such if they fulfill the duties inherent in this status or the functions of specially authorized representatives of the authorities. In this case, special authority is granted by authorized officials, bodies or the labor collective. It is drawn up in the form of an order or decision. The very concept of an official is very capacious.
Another separate sign is the affiliation, or characteristic of the institutions and bodies in which the official carries out his activities. At the legislative level, it is stipulated that these may include state and local self-government bodies, municipal and state institutions, the Armed Forces, military units and other troops. Those who work in various commercial organizations (business partnerships, consumer or production cooperatives, foreign firms, etc.) or in public associations are not ranked as officials.
Who can apply for a position?
A citizen of a country who does not have the citizenship of another state, residence permit or other document that gives him reason to permanently reside in the territory of another state can become the highest official of a subject of the Russian Federation. In addition, he must reach the age of thirty.
Who can’t apply for a position?
The following persons do not have the right to stand for election:
- with outstanding or unexpunged conviction;
- Sentenced courts in places of deprivation of liberty;
- subjected to administrative punishment for certain offenses (during the term of punishment);
- accused of any crime;
- those who have been recognized by judicial decision incapacity or limited legal capacity;
- unwilling to go through the procedure by which access to information that is a state secret or other secret protected by the law of the Russian Federation is issued.
Who is the official?
Combination of public positions
In addition, a citizen who is the highest official may in no case at the same time be a State Duma deputy, judge, member of the Council of Federations or else fill any public office not only in the Russian Federation as a whole, but also in this subject in particular as well as posts of state civil, federal state, municipal services and municipal.
A top official may not be part of management bodies, supervisory or board of trustees, other bodies of non-governmental non-profit organizations and their branches operating in Russia, unless otherwise provided by law or an international treaty of the Russian Federation. A citizen receives the appropriate powers for five years (no more). The concept of an official is quite extensive.
How does empowerment work?
The appointment of officials is a responsible process. A citizen receives appropriate powers after being represented by the President to the legislative bodies of the subject. If, according to the charter of this subject, a bicameral legislative body is provided for, the conclusion on whether a citizen is vested with the rights of a senior official is adopted during a general meeting of both chambers. Before the President of the Russian Federation proposes to the legislative body of the subject of the candidate for the post of senior official, a consultation is held on this. This candidacy is considered by the legislative body within ten days after the submission of the submission. Moreover, the decision is adopted only if more than half of the deputies of the established number in the legislative body cast their votes. Under a bicameral system, more than half of the composition in each house of the legislature should vote for it.
What actions are taken in case of rejection?
If the nominee is rejected, the President of the Russian Federation no later than a week after that makes a second proposal for the candidate (or candidates). If it is again rejected, the President consults with the representative body of state power of the subject and the political party that has proposed this candidate. Following the results of this consultation, the President of the Russian Federation has the right to dissolve this legislative body.
Other options for considering a candidate
In the case of the initiation of a proposal for a candidate claiming the position of the highest official of a constituent entity of the Russian Federation by any political party (or political parties) and his support from the legislative (representative) authority of a particular subject in the established manner, this proposal is put forward by an authorized representative President to the Head of the Presidential Administration in the given federal district, who, in turn, considers him and submits the selected candidate and the required documents to the president of the Russian Federation.
Bicameral system
If, according to the charter of the subject, it provides for a bicameral system of the legislative body, then the proposed candidate for the functions of a senior official nominated by a political party is discussed at a collective meeting of both chambers.This proposal is sent to the President if he is supported by a majority of the votes of the number of elected deputies of each house.
Nomination of the position is made in accordance with the charter adopted in the subject of the Russian Federation, taking into account its national, cultural, historical and other traditions.
Powers held by a senior official
The highest official of a subject of the Russian Federation has, in particular, such powers as:
- Representation of the relevant subject in its relations with other constituent entities of the Russian Federation or bodies representing state power.
- Signing laws adopted by the legislature.
- The formation in accordance with the order and structure of the bodies of the executive branch of government, which are determined by the constitution of the subject, the highest executive body of the subject.
- Every year, submission of reports to the legislative body of the given entity informing about the results of the functioning of the supreme executive body of this entity, including questions that were posed by the representative body.
What else falls within the competence of an official?
- Has the right to demand the convening of a meeting of the legislative body out of turn.
- May take part in the activities of the representative body of this subject.
- Coordinates the work of the executive bodies of a constituent entity of the Russian Federation with other authorities, and also has the right to organize relations between the executive authorities of the constituent entity and federal authorities of the same type and their territorial bodies, public communities, and local government.
- Has the right to exercise other powers that are consistent with the laws of the country. The functions of an officer are diverse.
There are situations because of which a senior official for some time does not have the ability to fulfill established duties. Then this is done by an official stipulated by the constitution or charter of the relevant subject.
When do powers end early?
The authority of the senior official is terminated ahead of schedule in the following cases:
- of death;
- the removal of a citizen from office by the President due to a lack of confidence on the part of the legislative body of the relevant entity;
- resignation of a citizen of his own free will;
- removal from office due to loss of confidence of the President due to inappropriate performance of duties by this person;
- recognition in court of incapacity or limited legal capacity;
- court decisions that the given citizen is missing, or after declaring him dead;
- the entry into force of a guilty verdict in relation to that person;
- going abroad for the purpose of permanent residence there;
- loss of citizenship.
The list of officials is approved by special order.
Acting in case of resignation
If a decision was made on the resignation of the supreme body of the executive branch of government, then it continues to function until a new relevant body is formed. At this time, the President of the Russian Federation appoints a senior official. The concept we have considered.
He will temporarily fulfill his duties during the period until another person vested with this authority takes over this position in the following situations:
- expiration of powers that a senior official has ahead of schedule;
- suspension for any period of time;
- expiration of the period of authority of the person concerned.
Anyone who performs the duties held by a senior official temporarily cannot take a decision on the dissolution of the legislative body that is represented in this subject, or in any way change the charter adopted in it.
The new candidate is proposed by the President of the Russian Federation; she is considered no later than ten days after the termination of the powers of the previous person.
There is also a prosecution of officials. They are assigned measures of administrative responsibility in the event of an administrative offense in connection with the failure to perform or improper performance of their duties. The concept of “official” is firmly entrenched in the criminal law of Russia; other branches of law also operate on it.