Institute of Commissioner for Human Rights(ombudsman - according to foreign terminology) was formed within the framework of the European legal tradition and exists today in many countries of the world, its special role is that it is located between society and government, since, on the one hand, it is a state body, and on the other is an agent of civil society, designed to respond to human rights violations by state structures and officials and apply the measures of influence provided to him by the same state.
The concept and place of the institution of the commissioner for human rights in the system of state power
The activities of the Commissioner for Human Rights are regulated by the Federal Constitutional Law of February 26, 1997 N 1-FKZ "On the Commissioner for Human Rights in the Russian Federation".
Position of the Commissioner for Human Rights in the Russian Federation (hereinafter referred to as the Commissioner) is established in accordance with Art. 103 of the Constitution of the Russian Federation in order to ensure state protection rights and freedoms, their observance and respect by state bodies, bodies local government and officials.
Although the Commissioner for Human Rights in the Russian Federation appointed and dismissed by the State Duma At the same time, it is established that in the exercise of his powers he is independent and not accountable to any state bodies and officials (clause 1, article 2 of the Law).
The Commissioner for Human Rights is an independent public official, called upon to exercise control over the observance of the legitimate rights and interests of citizens in the activities of executive authorities and officials.
The main features of the concept of "ombudsman":
- belonging to a representative state power, on the one hand, and to public institutions, on the other hand;
- state-public status;
- independence;
- recommendatory control and investigative functions over the actions and decisions of executive authorities and state officials;
- target setting aimed at protecting the rights and freedoms of man and citizen.
Belonging to a representative government and to civil society characterizes the dual nature of the institution of the commissioner for human rights.
The procedure for empowerment Commissioner on human rights in the Russian Federation
The procedure for granting powers is established by Ch. 2 of the Law "On the Commissioner for Human Rights in the Russian Federation".
The position of the Commissioner for Human Rights in the Russian Federation (hereinafter referred to as the Commissioner) is established in accordance with the Constitution of the Russian Federation.
The person who is appointed to the position of the Commissioner is a citizen of the Russian Federation, not younger than 35 years old, who has knowledge in the field of human and civil rights and freedoms, experience in their protection.
Proposals on candidates for the position of the Commissioner may be submitted to the State Duma:
- the President of the Russian Federation;
- Federation Council Federal Assembly RF;
- deputies State Duma;
- deputy associations in the State Duma.
Proposals on candidates for the position of the Commissioner shall be submitted to the State Duma within a month before the end of the term of office of the previous Commissioner.
The Commissioner is appointed and dismissed by the State Duma by a majority vote of the total number of deputies of the State Duma by secret ballot.
The State Duma adopts a resolution on the appointment of the Commissioner no later than 30 days from the date of expiration of the term of office of the previous Commissioner.
Each candidate submitted to a secret ballot upon the appointment of the Commissioner, nominated in accordance with Article 7 of this Federal Constitutional Law, is included in the list for secret ballot by two-thirds of the votes of the total number of deputies of the State Duma.
Upon taking office at a meeting of the State Duma immediately after the appointment, the Commissioner takes the oath. The Commissioner is considered to have taken office from the moment of taking the oath.
The Commissioner is appointed for a period of five years (no more than two consecutive terms) counting from the moment of taking the oath. His powers are terminated from the moment of taking the oath by the newly appointed Commissioner.
The expiration of the term of office of the State Duma, as well as its dissolution, do not entail the termination of the powers of the Commissioner.
The main tasks of the Commissioner for Human Rights of the Russian Federation
In accordance with Art. 1 of the Law, the main tasks of the Commissioner are:
- restoration of violated rights;
- improving the legislation of the Russian Federation on human and civil rights and bringing it into line with generally recognized principles and norms international law;
- development of international cooperation in the field of human rights;
- legal education on human rights and freedoms, forms and methods of their protection.
The main functions of the Commissioner for Human Rights of the Russian Federation
The main functions of the Commissioner for Human Rights include:
- handling complaints on decisions or actions (inaction) of state bodies, local governments, officials, civil servants;
- study and analysis of information on violation of the rights and freedoms of citizens, summarizing the results of consideration of complaints;
- making a report at a regular meeting of the State Duma in the event of a gross or massive violation of the rights and freedoms of citizens;
- appeal to the State Duma with a proposal to create a parliamentary commission to investigate the facts of violation of the rights and freedoms of citizens and to hold parliamentary hearings, as well as directly or through their representative participation in the work of the said commission and ongoing hearings;
- interaction with public monitoring commissions formed in the constituent entities of the Russian Federation in order to facilitate the implementation public policy in the field of ensuring human rights in places of detention.
The main area of work of the Commissioner for Human Rights is the consideration of complaints. Such complaints can be filed by citizens of the Russian Federation and those located on the territory of the Russian Federation. foreign citizens and persons without .
The Commissioner considers complaints against decisions or actions (inaction) of state bodies, local governments, officials, civil servants, if the applicant has previously appealed against these decisions or actions (inaction) in court or administrative order, but does not agree with the decisions taken on his complaint.
The Commissioner does not consider complaints against decisions of the chambers of the Federal Assembly of the Russian Federation and legislative (representative) bodies of state power of the constituent entities of the Russian Federation.
We are interested in this case subjects whose decisions or actions (inaction) can be appealed through the Commissioner for Human Rights are civil servants and officials. The circle of persons who are civil servants is established by the Federal Law of the Russian Federation "On the System public service RF” dated April 25, 2003
However, not all civil servants are civil servants, and not all civil servants are civil servants either. Therefore, the FKZ "On the Commissioner for Human Rights in the Russian Federation" mentions both of these categories, which partially overlap each other.
The law also prescribes the procedure for filing and considering a complaint.
According to Art. 20 FKZ, having received a complaint, the Commissioner has the right:
- accept the complaint for consideration;
- explain to the applicant the means that he has the right to use to protect his rights and freedoms;
- refer the complaint to a state body, local government body or official, whose competence includes resolving the complaint on the merits (and such a complaint through the Commissioner often turns out to be much more effective than if it is sent directly by a citizen);
- refuse to accept the complaint for consideration.
The latter is not subject to appeal, but must be motivated. If the complaint is accepted for consideration by the Commissioner, he must inform the relevant subject, whose decisions or actions (inaction) are being appealed, about this.
The Commissioner, in addition to considering specific complaints, also performs an important analytical function. So, according to the provisions of art. 31, based on the results of studying and analyzing information about the violation of the rights and freedoms of citizens, summarizing the results of consideration of complaints, the Commissioner has the right to:
- send to state bodies, local self-government bodies and officials their comments and suggestions general related to ensuring the rights and freedoms of citizens, improving administrative procedures;
- contact the subjects of law legislative initiative with proposals to amend and supplement the federal legislation and the legislation of the constituent entities of the Russian Federation or to fill in the gaps in the federal legislation.
The law provides for annual reports of the Commissioner on his activities, published in the press and sent to the highest government bodies- To the President, to the Federation Council and the State Duma, the Government, the Constitutional Court, Supreme Court, the Supreme Arbitration Court and the Prosecutor General. On certain issues of observance of the rights and freedoms of citizens in the Russian Federation, the Commissioner may send special reports to the State Duma (for example, there was a special report on Chechnya).
2. Speaking about authorized bodies, first of all, it is necessary to distinguish between the area of activity where the relevant authorized body has the right to exercise power and administrative functions in accordance with its competence. The concept of an authorized body is a collective one and includes a number of authorized state authorities, the competence of which is to perform certain public functions in the relevant field of aviation. Chapter III of the VZK RF is devoted to the state regulation of activities in the field of aviation. According to Article 20 of the VZK RF, aviation is divided into civil, state and experimental.
Thus, state regulation of activities in the field civil aviation carried out by the authorized body in the field of civil aviation, within the limits established by this body, its structural divisions and territorial bodies(Article 24 of the VZK RF).
State regulation of activities in the field of state aviation is carried out by the authorized body in the field of defense, and the organization of activities in the field of state aviation and operational management these activities are carried out by the respective authorized bodies having state aviation units (Article 25 of the VZK of the Russian Federation).
State regulation of activities in the field of experimental aviation is carried out by the authorized body in the field of the defense industry (Article 26 of the VZK of the Russian Federation).
3. In addition to the federal executive authorities authorized to carry out state regulation of activities in the field of various types of aviation, according to the text of the Air Code of the Russian Federation, there are also other concepts of authorized bodies, such as
-federal executive body authorized in the field of transport (clause 2, article 83 of the RF CLC, clause 4 of article 85 of the RF CLC, clauses 4,7,8 of article 105 of the RF CLC);
-the federal executive body authorized in the field of control (supervision) in transport (clause 5, article 84 of the VZK of the Russian Federation);
-the federal executive body authorized in the field of internal affairs (clause 5, article 84 of the RF LC, clause 4, article 85 of the RF LC);
-internal affairs bodies (Clause 2, Article 83 of the ELC RF, Clause 6, Article 84 of the CLC of the Russian Federation, Clause 2, Article 85 of the CLC of the Russian Federation, Clause 5, Article 105 of the CLC of the Russian Federation);
Law enforcement agencies (clause 2, article 85¹, clause 2, article 96 of the RF TLC);
-an authorized body endowed with the appropriate right by federal law (clause 2, article 83 of the RF CLC);
-authorized body in the field of airspace use (Clause 2, Article 12 of the RF ELC, Clause 2, Article 53 of the RF CTC, Article 77 of the RF CTC, Clause 1 of Article 88 of the RF CLC, Clause 1¹ of Article 88 of the RF CLC, Article 93 of the ELC of the Russian Federation, paragraph 2 of Article 94 of the ELC of the Russian Federation);
-federal executive body, which in due course responsibilities for the formation and maintenance of search and rescue services were assigned (clause 1 of article 88 of the VZK of the Russian Federation);
-an authorized body that carries out state registration or state registration of an aircraft (clause 1, article 94 of the RF CLC);
-authorized bodies entrusted with the authority to investigate, classify and record aviation accidents or incidents, respectively, in civil, state or experimental aviation (clause 3 of article 95 of the RF CLC);
-a body that ensures the coordination of the activities of federal executive authorities in countering terrorism (clause 8, article 105 of the TLC of the Russian Federation);
-an authorized body that has a division of state aviation (clause 1, article 33 of the ELC of the Russian Federation, clause 5 of article 34 of the ELC of the Russian Federation);
-a specially authorized body in charge of the airfield of state aviation (clause 2, article 44 of the VZK of the Russian Federation);
-the authorized body responsible for the organization and conduct of mandatory certification civil aircraft, aircraft engines and propellers (clause 7.8, article 37 of the RF Air Legislative Commission);
-the authorized body responsible for organizing and conducting mandatory certification of civil airfields and airports in accordance with the established procedure (clause 4, article 48 of the RF CLC);
-Government Russian Federation(Clause 2, Article 14 of the ELC RF, Article 15 of the CLC of the Russian Federation, Article 17 of the CLC of the Russian Federation, Clause 2 of Article 22 of the CLC of the Russian Federation, Clause 2 of Article 23 of the CLC of the Russian Federation, Article 30 of the CLC of the Russian Federation, Clause 5 of Art .40 VZK RF, p.1 art.44 VZK RF, p.2 art.50 VZK RF, p.3 art.69 VZK RF, p.1 art.70 VZK RF, art.72 VZK RF, art.75 ELC of the Russian Federation, clause 4, article 79 of the ELC of the Russian Federation);
Authorized body in the field of communications (Clause 2, Article 76 of the ELC of the Russian Federation, Article 77 of the ELC of the Russian Federation, Clause 2 of Article 78 of the ELC of the Russian Federation);
-the federal executive body authorized by the Government of the Russian Federation (clause 1, article 52 of the VZK of the Russian Federation);
-authorized federal executive body (Article 73 of the RF CLC);
-the relevant authorized body (clause 7, article 33 of the ELC of the Russian Federation, clause 1 of article 76 of the CLC of the Russian Federation).
Sometimes the Air Code of the Russian Federation uses the concept of an authorized person, for example, an authorized person of the relevant authorized body (clause 2, article 81 of the RF CLC); authorized to that person in the manner prescribed by the legislation of the Russian Federation (clause 2, article 85 of the RF CLC).
4. From the literal interpretation of Article 6 of the RF CLC, it can be seen that by the authorized body the legislator understands, firstly, the federal executive body and, secondly, the bodies to which the powers of the federal executive body are granted by federal law, a decree of the President of Russia or a resolution Government of Russia. Thus, Article 6 of the RF CC does not disclose the concept of an authorized body, but only points to a state authority (executive authority) at the federal level or another body with appropriate competence.
It should also be noted that the concept of an authorized body, given in Article 6 of the VLC of the Russian Federation, is used only in the Air Code of the Russian Federation, as indicated by the phrase "For the purposes of this code ..". Thus, we can say that the legislator has outlined the boundaries of the use of the concept of the authorized body in the given meaning. Consequently, this concept should not be used in other sources of air law, except for those adopted for the development of the provisions of this rule.
The system and structure of public authorities is determined by a decree of the President of the Russian Federation. The system of federal executive bodies includes federal ministries, federal services and federal agencies. Moreover, the federal ministry coordinates and controls the activities of the federal services and federal agencies under its jurisdiction. The procedure for mutual relations between the federal ministries and the federal services and federal agencies under their jurisdiction, the powers of the federal executive bodies, as well as the procedure for the exercise by them of their functions, are established in the regulations on the said executive bodies.
5. The functions of the federal executive body are exhaustively given in the Decree of the President of the Russian Federation "On the system and structure of federal executive bodies" dated 09.03.2004 No. 314 in the current edition(hereinafter - Decree No. 314). Decree No. 314 distinguishes the following functions:
On the adoption of regulatory legal acts;
For control and supervision;
Management state property;
For the provision of public services.
So, function for the adoption of normative legal acts(according to legal regulation) is law-making in nature and consists in the fact that the competent public authority creates rules of conduct binding on an indefinite circle of persons, which are clothed in the norms of law that make up the content of a normative legal act. More details about the normative legal act can be found in the commentary to Article 2 of the ELC of the Russian Federation.
Under control and supervision functions are understood as: the implementation of actions to control and supervise the implementation by public authorities, local governments, their officials, legal entities and citizens established by the Constitution of the Russian Federation, federal constitutional laws, federal laws and other regulatory legal acts of generally binding rules of conduct; issuance of permits (licenses) by state authorities, local governments, their officials to carry out a certain type of activity and (or) specific actions to legal entities and citizens; registration of acts, documents, rights, objects, as well as the issuance of individual legal acts.
Control and supervision activities, as noted by E.G. Babelyuk, firstly, is aimed at ensuring law and order; secondly, it is always associated with an additional obligation; thirdly, the result of carrying out control and supervisory measures may be the restriction of the rights and freedoms of individuals, in particular, the application of liability measures.
Under function of state property management it is necessary to understand the exercise by the federal executive body of the powers of the owner of federal property. The implementation of the function of managing state property may consist, in particular, in the transfer of property to economic management or in the operational management of subordinate legal entities (state unitary enterprises or institutions), as well as the management of federal property shares of open joint-stock companies.
Regulatory characteristic public service functions includes several fundamental points: firstly, the performance of public services can be transferred to private organizations, and secondly, public services can be provided on a fee basis. Public services may be provided in the field of education, healthcare, social protection of the population and in other areas established by federal laws.
So, S.A. Belov identifies five principles of legal regulation that allow for the legal distinction between the concepts of state control and supervisory (power-enforcement) activities and activities for the provision of public services. So, firstly, control and supervision activities are carried out in the public (state) interests, and not in the interests of the citizen. When carrying out control and supervisory activities, the goal of ensuring state and public security allows you to establish requirements that burden a particular citizen and thereby contradict his interests. When providing public services, the state seeks to satisfy the needs of the citizen and thereby realizes his interest.
Secondly, the receipt of a public service must always remain voluntary for a citizen. In the case of the implementation of control and supervisory activities, the state establishes the legal obligation of a citizen to apply to the state.
Thirdly, the receipt of a public service by a citizen can be forced only due to the inability to receive this service in private organization or unavailability of it in private organizations because of the price. Authority should not be used to impose a service and by combining control and supervision activities with the provision of services.
Fourthly, the methods of exercising control and supervisory powers imply the obligatory fulfillment by a citizen of the instructions of officials of state bodies, while public services are associated not with burdensome and coercive, but with the providing impact of the state.
Finally, fifthly, both control and supervision activities and activities for the provision of public services can be free for a citizen. At the same time, when exercising control and supervision activities, the amount of the fee is not related to the volume of activities of the authorized body (most often it is provided for the collection state duty); when regulating fees for the receipt of public services, the amount of payment, although it is normatively fixed, is linked to the volume of services provided to a citizen, and can be linked to the amount of expenses for their provision.
6. In accordance with clause 3 of Decree No. 314, federal ministry:
a) is a federal executive body that performs the functions of developing state policy and legal regulation in the field of activity established by acts of the President of the Russian Federation and the Government of the Russian Federation. The federal ministry is headed by a minister of the Russian Federation (federal minister) who is a member of the Government of the Russian Federation;
b) on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently carries out legal regulation in the established field of activity, with the exception of issues, the legal regulation of which, in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, is carried out exclusively by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation Federations;
c) in the established field of activity is not entitled to exercise the functions of control and supervision, as well as the functions of managing state property, except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation;
d) coordinate and control the activities of the federal services and federal agencies under its jurisdiction.
7. In accordance with the division of aviation into civil, state and experimental aviation, given in Article 20 of the Air Code of the Russian Federation, the authorized body performing the functions of developing state policy and legal regulation in each specific area of aviation is the federal ministry competent in this area.
In accordance with paragraph 1 of the Regulations on the Ministry of Transport of the Russian Federation, the Ministry of Transport of Russia is the Federal executive authority in the field of transport, which performs the functions of developing state policy and legal regulation in the field of civil aviation, use of airspace and air navigation services for users of the airspace of the Russian Federation, aerospace search and rescue.
AT state aviation The Ministry of Defense of the Russian Federation is the authorized federal executive body responsible for the development and implementation of state policy and legal regulation. In accordance with the Regulations on the Ministry of Defense of Russia, the Ministry of Defense of Russia, in particular, exercises the powers of state regulation of activities in the field of state aviation, according to state control over the activities of aviation personnel of state aviation, and also investigates, classifies and records aviation accidents and incidents in state aviation.
The federal executive body responsible forstate regulation of activities in the field of experimental aviation, is the Ministry of Industry and Trade of the Russian Federation. Thus, the Ministry of Industry and Trade of Russia performs the functions of developing state policy and legal regulation in the field of development of aviation technology, as well as functions of providing public services, managing state property in the field of aviation and shipbuilding industries. The Ministry of Industry and Trade of Russia organizes the implementation of work on the creation of aviation equipment, organizes and conducts investigations of aviation accidents with experimental aircraft, and also maintains state register airfields of experimental aviation of the Russian Federation and state registration of aircraft of experimental aviation.
8. In accordance with clause 4 of Decree No. 314, federal service (service):
a) is a federal executive body exercising the functions of control and supervision in the established field of activity, as well as special functions in the field of defense, state security, protection and protection of the state border of the Russian Federation, the fight against crime, public safety. The federal service is headed by the head (director) of the federal service. The Federal Service for Supervision in the established field of activity may have the status of a collegial body;
b) within its competence issues individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, regulatory legal acts of the federal ministry that coordinates and controls the activities of the service. The federal service may be subordinate to the President of the Russian Federation or be under the jurisdiction of the Government of the Russian Federation;
c) is not entitled to carry out in the established field of activity legal regulation, except for cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation, and the federal supervision service - also the management of state property and the provision of paid services.
9. In accordance with clause 5 of Decree No. 314, federal agency:
a) is a federal executive body exercising in the established area of activity the functions of providing public services, managing state property and law enforcement functions, with the exception of the functions of control and supervision. The federal agency is headed by the head (director) of the federal agency. A federal agency may have the status of a collegial body;
b) within its competence, issues individual legal acts on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts and instructions of the President of the Russian Federation, the Chairman of the Government of the Russian Federation and the federal ministry that coordinates and controls the activities of the federal agency. A federal agency may be subordinate to the President of the Russian Federation;
c) has expired. - Decree of the President of the Russian Federation of May 20, 2004 No. 649;
d) is not entitled to exercise legal regulation in the established field of activity and functions of control and supervision, except in cases established by decrees of the President of the Russian Federation or resolutions of the Government of the Russian Federation.
10. The Ministry of Transport of the Russian Federation coordinates and controls the activities of the Federal Service for Supervision in the Sphere of Transport (Rostransnadzor) and the Federal Agency air transport(Rosaviatsiya). Consequently, the Ministry of Transport of Russia and the federal service and federal agency subordinate to it are authorized bodies in the field of civil aviation.
11. The Federal Service for Supervision in the Sphere of Transport (Rostransnadzor) is a federal executive body that exercises control (supervision) functions in the field of civil aviation, use of the airspace of the Russian Federation, air navigation services for users of the airspace of the Russian Federation, aerospace search and rescue , maritime (including seaports), inland waterways, railway transport, automobile and urban ground electric transport (except for safety issues traffic), industrial transport and road facilities, as well as providing transport security.
Rostransnadzor exercises control and supervision over compliance with the legislation of the Russian Federation, including international treaties Russian Federation on civil aviation.
The Federal Service for Supervision in the Sphere of Transport has the rightcheck in accordance with the established procedure the activities of legal and individuals carrying out transportation and other activities related to the transport process, as well as to participate (but not organize) in the prescribed manner in the investigation of aviation accidents.
In an exhaustive way, the powers of Rostransnadzor are listed in the Regulations on the Federal Service for Supervision in the Sphere of Transport.
12. The Federal Air Transport Agency (Rosaviatsiya) is a federal executive body that performs the functions of providing public services and managing state property in the field of air transport (civil aviation), the use of the airspace of the Russian Federation, air navigation services for users of the airspace of the Russian Federation and aviation space search and rescue, functions for the provision of public services in the field of transport security in this area, as well as state registration rights to aircraft and transactions with them.
Federal Air Transport Agencyinteracts in accordance with the established procedure with state authorities foreign states and international organizations in the established field of activity.
In an exhaustive way, the powers of the Federal Air Transport Agency are listed in the Regulations on the Federal Air Transport Agency.
13. Of particular interest is the status of the Representative Office of the Russian Federation under international organization civil aviation (hereinafter - ICAO), determined in accordance with the Decree of the President of the Russian Federation dated 02.05.2006 No. 448. The Decree of the President does not use the concept of an authorized body. In accordance with paragraph 1 of this decree, the Representative Office of the Russian Federation at ICAO is the state body for external relations of the Russian Federation.
The representative of the Russian Federation at ICAO is appointed and dismissed by the Government of the Russian Federation on the proposal of the Minister of Transport of the Russian Federation, agreed with the Ministry of Foreign Affairs of the Russian Federation (hereinafter referred to as the Russian Foreign Ministry).
The representative of the Russian Federation at ICAO has two deputies. One position of Deputy Representative of the Russian Federation to ICAO is filled by a representative of the Ministry of Foreign Affairs of the Russian Federation. The person holding this position is an employee of the Ministry of Foreign Affairs of the Russian Federation, appointed to the position and dismissed by the Minister of Foreign Affairs of the Russian Federation in agreement with the Ministry of Transport of Russia.
Another Deputy Representative of the Russian Federation to ICAO is appointed and dismissed by the Minister of Transport of the Russian Federation. The said alternate is submitted to the ICAO Council for appointment as a member of the ICAO Air Navigation Commission.
14. As follows from the literal interpretation of the commented article, the authorized bodies, in addition to the federal executive bodies, are also understood to be the bodies to which the federal law, the decree of the President of the Russian Federation or the decree of the Government of the Russian Federation have been granted the powers of the federal executive body in the relevant field of activity and to which the responsibility of this body.
In this case, we can talk about both public authorities that are not related to federal authorities executive power, and about other entities, the powers of the federal executive body to which are outsourced.
Outsourcing is a mechanism for inducing certain types activities beyond the powers of the executive authorities by concluding contracts with external contractors on a competitive basis. Outsourcing is considered as a tool for optimizing the functions of executive authorities and combating corruption.
15. The powers of the federal executive body may also be transferred to an international organization.
Thus, the Interstate Aviation Committee (IAC) was established on the basis of the intergovernmental "Agreement on Civil Aviation and the Use of Airspace" signed on December 30, 1991.The parties to the Agreement to date are the Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, Georgia, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, Turkmenistan, the Republic of Uzbekistan and Ukraine.
By this Agreement, the IAC is defined as the executive body of 12 states of the former USSR for the functions and powers delegated by the states in the field of civil aviation and the use of airspace.
The main activities of the IAC: Development of aviation standards, rules and requirements; certification of aviation equipment, airfields and equipment; information on flight safety; investigation of aviation accidents in the territory of the countries-participants of the agreement with the participation of civil aircraft.
. Currently, there is a system and structure of federal executive bodies, approved by Decree of the President of the Russian Federation of 09.03.2004 No. 314 (as amended by Decrees of the President of the Russian Federation of 05.20.2004 No. 649, of 11.14.2005 No. 1319, of 12.23.2005 No. No. 174 dated February 15, 2007, No. 1274 dated September 24, 2007, No. 724 dated May 12, 2008, No. 1445 dated October 7, 2008, No. 1847 dated December 25, 2008, No. 773 dated June 22, 2010, as amended by Decrees of the President of the Russian Federation No. 295 of March 15, 2005, No. 261 of March 27, 2006, and No. 710 of June 22, 2009).
. E.G. Babelyuk. Problems of delimitation of activities for the provision of public services and control and supervisory activities of the state / Public services: legal regulation (Russian and overseas experience): collection / under total. ed. E.V. Gritsenko, N.A. Sheveleva. - M.: Wolters Kluver, 2007. - p.48.
. Ibid., p.47.
. S.A. Belov. Principles of legal regulation of activities for the provision of public services / Public services: legal regulation (Russian and foreign experience): collection / ed. ed. E.V. Gritsenko, N.A. Sheveleva. - M.: Wolters Kluver, 2007. - p.73-76.
. "On approval of the Regulations on the Ministry of Transport of the Russian Federation", p Decree of the Government of the Russian Federation of 30.07.2004 No. 395 , dated April 21, 2008 No. 288, dated April 30, 2008 No. 325, dated May 28, 2008 No. 399,dated 13.10.2008 No. 753, dated 07.11.2008 No. 814, dated 29.12.2008 No. 1052, dated 08.01.2009 No. 6, dated 27.01.2009 No. 43, dated 24.03.2009 No. 251, dated 22.04.2009 No. 354, dated 05.08.2009 No. 638, dated 08.12.2009 No. 656, dated 02.09.2009 No. 716, dated 17.12.2009 No. 1033, dated 02.02.2010 No. 38, dated 02.02.2010 No. 40, dated 09.03.2010 No. 133, dated 17.03 .2010 No. 152, dated 17.03.2010 No. 160, dated 01.04.2010 No. 211, dated 09.06.2010 No. 413, dated 06.15.2010 No. 438, dated 07.26.2010 No. 553).
. "Issues of the Ministry of Defense of the Russian Federation", Decree of the President of the Russian Federation of August 16, 2004 No. 1082 (as amended by Decrees of the President of the Russian Federation of September 3, 2005 No. 1045, of September 5, 2005 No. 1049, of April 15, 2006 No. 377, of May 7, 2007 No. 589, of June 27, 2007 No. 817 , dated 09.11.2007 No. 1477,dated 29.07.2008 No. 1137, dated 23.10.2008 No. 1517, dated 17.11.2008 No. 1624, dated 17.11.2008 No. 1625, dated 19.05.2009 No. 569, dated 01.09.2009 No. 985, dated 14.05.2010 No. 589, from 07/06/2010 No. 845, 08/26/2010 No. 1070, 12/27/2010 No. 1626, 01/02/2011 No. 21).
. Ibid., p.7.
. "On the Ministry of Industry and Trade of the Russian Federation", p stop of the Government of the Russian Federation dated 05.06.2008 No. 438(As amended by Decrees of the Government of the Russian Federation No. 753 dated 13.10.2008, No. 814 dated 07.11.2008, No. 1052 dated 12.29.2008, No. 43 dated 27.01.2009, No. 218 dated 10.03.2009, No. 482 dated 15.06.2009, dated 06/23/2009 No. 523, 08.12.2009 No. 656, 02.02.2010 No. 37, 02.20.2010 No. 67, dated 09.06.2010 No. 405, dated 06.15.2010 No. 438, dated 07.26.2010 No. 553, dated 08.20.2010 No. 650, dated 08.20.2010 No. 651, dated 10.29.2010 No. 871).
. Ibid., p.5.
. It should be noted that since the adoption of Decree No. 314 in the system of federal executive bodies there has been another body authorized in the field of transport, in the field of civil aviation, in the field of defense, in the field of airspace use, air navigation services for users of the airspace of the Russian Federation and aviation space search and rescue - Federal Air Navigation Service.
The Federal Air Navigation Service was formed in accordance with the Decree of the President of the Russian Federation “On the Federal Air Navigation Service” dated 05.09.2005 No. 1049, as a federal executive body, the management of which is carried out by the Government of the Russian Federation. The head of Rosaeronavigatsia reported to the Chairman of the Government of the Russian Federation.
After the adoption of the decree of the President of the Russian Federation "Issues of the system and structure of federal executive bodies" dated 05/12/2008 No. 724, the Federal Air Navigation Service was transferred to the Ministry of Transport of the Russian Federation.
In accordance with the decree of the President of the Russian Federation "On measures to improve state regulation in the field of aviation” dated 11.09.2009 No. 1033, the Federal Air Navigation Service was abolished, and its functions were redistributed between the Federal Air Transport Agency and Rostransnadzor.
. "On approval of the Regulations on the Federal Service for Supervision in the Sphere of Transport", Decree of the Government of the Russian Federation No. 398 dated July 30, 2004 ,No. 573 of 28.07.2008, No. 814 of 07.11.2008, No. 831 of 07.11.2008, No. 43 of 27.01.2009, No. 251 of 24.03.2009, No. 354 of 22.04.2009, No. 584 of 16.07.2009, dated 08/08/2009 No. 649, 09/02/2009 No. 716, 12/17/2009 No. 1033, 06/09/2010 No. 409, 06/15/2010 No. 438).
. "The list of public services (works) provided (performed) by federal air transport agencies under the jurisdiction of the Federal Air Transport Agency government agencies as the main activities”, the order of the Head of the Federal Air Transport Agency dated 10.12.2010.
. "On Approval of the Regulations on the Federal Air Transport Agency", p Decree of the Government of the Russian Federation of July 30, 2004 No. 396 (as amended by Decrees of the Government of the Russian Federation of March 30, 2006 No. 173, of April 21, 2008 No. 288, of June 23, 2008 No. 467,dated 13.10.2008 No. 753, dated 07.11.2008 No. 814, dated 01.27.2009 No. 43, dated 22.04.2009 No. 354, dated 08.08.2009 No. 649, dated 17.12.2009 No. 1033, dated 02.02.2010 No. 40, dated 17.03.2010 No. 160, dated 15.06.2010 No. 438 ).
. “On the Representative Office of the Russian Federation to the International Maritime Organization and the Representative Office of the Russian Federation to the International Civil Aviation Organization”, Decree of the President of the Russian Federation No. 448 of 02.05.2006 (as amended by Decree of the President of the Russian Federation of 11.09.2009 No. 1133).
. The Air Navigation Commission consists of nineteen members appointed by the Council from among persons nominated by the Contracting States. These persons have appropriate qualifications and experience in the scientific and practical fields of aeronautics. The Council requests all Contracting States to submit nominations. The Chairman of the Air Navigation Commission is appointed by the Council (Article 56 of the Convention on International Civil Aviation, Chicago, 1944).
. Thus, by Decree of the Government of the Russian Federation of May 14, 1996 No. 583 “Issues of the Federal Aviation Service of Russia”, in order to improve the safety and regularity of aircraft flights, form a unified economic system for air traffic control and regulate the use of the airspace of the Russian Federation, the Federal State Unitary Enterprise “State Corporation on Air Traffic Management in the Russian Federation”. This organization is entrusted with the function of providing air navigation services to airspace users.
. “On the Concept of Administrative Reform in the Russian Federation”, Decree of the Government of the Russian Federation No. 1789-r of October 25, 2005 (as amended by Decree of the Government of the Russian Federation of February 9, 2008 No. 157-r, Decree of the Government of the Russian Federation of March 28, 2008 No. 221. So, one of the directions administrative reform in 2006-2007 it was declared: the development and adoption of normative legal acts and the development of a methodological base for the mechanism of outsourcing of administrative and managerial processes. The plan for 2008 states: the introduction of a system of outsourcing of administrative and managerial processes in the executive authorities.
a) the body of guardianship and guardianship;
b) prosecutor;
17. Choose from the following points the consequences of declaring a marriage invalid:
a) the spouses return to their former surnames;
b) all rights and obligations of spouses who were married are annulled;
c) to property acquired jointly by spouses whose marriage is declared invalid, the norms of family law on joint fractional ownership;
d) the marriage contract continues to operate.
18. After what time from the date of filing an application for divorce by one of the spouses is the state registration of divorce in the registry office:
a) two weeks
c) 2 months.
19. In the courts general jurisdiction Divorce cases are considered if:
a) the spouses have common minor children;
b) one of the spouses has been sentenced for committing a crime to imprisonment for a term of at least three years;
c) the absence of consent to the divorce of one of the spouses;
d) one of the spouses has been declared legally incompetent;
e) one of the spouses, despite the absence of objections, evades the dissolution of the marriage in the registry office;
f) one of the spouses is declared missing.
20. The moment of termination of marriage upon dissolution in court is:
a) the day of registration in the registry office of the fact of divorce;
b) the day the court decision enters into force;
c) day of filing statement of claim on divorce in court.
21. Name the persons who have the right to demand divorce:
a) the prosecutor;
b) spouses;
c) parents;
d) adoptive parents.
22. The personal property of each of the spouses includes:
a) property owned by the spouse before marriage;
b) income from labor activity, entrepreneurial activity and results intellectual activity;
c) pensions, scholarships, allowances and other cash payments, which do not have a special purpose;
d) things individual use;
e) property received by way of inheritance.
23. Personal non-property rights spouses are as follows:
a) the right of spouses to freely choose their occupation, profession, place of stay and residence;
b) the right to information;
c) the right to work;
d) the right to receive dividends;
e) the right to choose a surname at the conclusion and dissolution of marriage;
f) the right to jointly resolve issues of motherhood, fatherhood, upbringing and education of children.
24. Indicate from what moment the salary of each of the spouses becomes their common property:
a) from the moment of accrual;
b) from the moment of transfer to the family budget;
c) from the moment of their actual receipt.
25. Property not subject to division between spouses includes:
a) contributions made by common property spouses, in the name of their common minor children;
b) acquired at the expense of general income securities, shares, deposits;
c) movable and immovable things acquired during marriage at the expense of one of the spouses;
d) things purchased exclusively to meet the needs of minor children;
d) things and property rights owned by each spouse before marriage.
26. The subjects of the marriage contract may be:
a) persons entering into marriage;
b) persons living in a church marriage committed on the territory of the Russian Federation;
c) persons who have already entered into a legal marriage (spouses);
d) parents of persons entering into marriage.
a) determination of legal property relations between spouses;
b) definition of personal non-property legal relations between spouses;
c) determination of the rights and obligations of spouses in terms of mutual maintenance;
d) determining the conditions that will put one of the spouses in an unfavorable position;
e) determining the method of participation in each other's income and the procedure for incurring family expenses;
f) determination of the rights and obligations of spouses in relation to children;
g) determination of the property that will be transferred to each of the spouses in the event of divorce.
28. Form of concluding a marriage contract:
a) simple writing;
b) notarized written form;
c) oral.
29. A marriage contract is considered void if it:
a) concluded in violation notarial form;
b) is concluded only for appearance, without the intention to create legal consequences;
c) concluded by a person with limited legal capacity;
d) concluded under the influence of delusion;
e) concluded in order to cover up another transaction;
f) is imprisoned under the influence of deceit, violence, threat or a combination of difficult circumstances.
30. Personal obligations of spouses include:
a) obligations that arose before marriage;
b) obligations that arose on the initiative of both spouses in the interests of the whole family;
c) obligations for which both spouses are jointly and severally liable;
d) obligations arising as a result of a spouse's failure to fulfill maintenance obligations in respect of children or family members.
31. Which body performs the state registration of the birth of a child:
c) body of guardianship and guardianship.
32. Establishing paternity in respect of an adult is possible:
a) only with the consent of an adult;
b) only with the consent of the guardianship and guardianship authorities;
c) only with the consent of the prosecutor;
d) only with the consent of the mother of the child.
33. In case of establishment of paternity, legal relations between the child and his father arise:
a) from the date of entry into force of the court decision;
b) since the birth of the child;
c) from the moment of filing a statement of claim to establish paternity in court.
34. Establishing paternity in judicial order made on a claim:
a) one of the parents of the child;
b) the guardian or custodian of a minor child;
c) a prosecutor;
d) the child's grandparents;
e) the person who is dependent on the child;
f) the child himself upon reaching the age of majority.
35. Specify the cases in which the contestation of paternity (maternity) is not allowed:
a) a man who was not married to the mother of the child at the time of making the entry, if he knew that he was not actually the father of the child, cannot dispute the record of paternity;
b) the guardian or custodian of the child cannot dispute the record of paternity;
c) the spouse who has given consent to the use of the method of artificial insemination or the implantation of an embryo is not entitled to refer to these circumstances when contesting paternity;
d) the guardian of the parent cannot dispute the record of paternity (maternity), recognized by the court incompetent;
e) the child himself cannot dispute the record of paternity (maternity) upon reaching the age of majority.
36. Specify the personal rights of the child:
a) the right to live and be brought up in a family;
b) the right to communicate with parents, grandparents, brothers, sisters and other relatives;
c) the right to receive maintenance from their parents and other family members;
d) ownership of the income received by him;
e) the right of the child to express his/her opinion;
f) the right of the child to a given name, patronymic and surname;
g) the right of ownership to property received by him as a gift or by inheritance.
37. Indicate at what age it is possible to change the name and surname of the child according to his own statement:
a) from the age of 14;
b) from 16 years old;
c) from 18 years old.
38. Specify the limits of the exercise of parental rights:
a) parental rights cannot be exercised in conflict with the interests of children;
b) parents do not have the right to choose educational institution and forms of education for children before they receive the basic general education without the express consent of the child;
c) parents do not have the right to independently choose the methods and ways of raising a child;
d) parents have no right to harm the physical and mental health of children;
e) methods of raising children should exclude cruel and rough treatment.
39. Deprivation of parental rights does not apply to:
a) parents;
b) guardians;
c) trustees;
d) adoptive parents.
40. Specify the grounds for deprivation of parental rights:
a) evasion from fulfilling the duties of parents;
b) refusal without good reason to take your child from the maternity hospital;
c) abuse parental rights;
d) if leaving a child with parents is dangerous for the child on grounds beyond the control of the parents.
41. Name the persons, at the request of which cases on deprivation of parental rights are considered:
a) one of the parents, regardless of whether he lives with the child;
b) the child himself;
c) prosecutor;
d) persons replacing parents;
e) guardianship and guardianship authorities;
f) preschool educational institutions.
42. Indicate within how many days an extract from the court decision on deprivation of parental rights should be sent to the registry office (from the date this decision enters into force):
a) within three days;
b) within two days;
c) within one day.
43. After what time from the date of the court decision on deprivation of parental rights is it possible to adopt a child:
a) one year;
b) a year and a half;
c) 6 months.
44. Indicate what rights parents lose when parental rights are restricted:
a) the right to personal education of the child;
b) the right to benefits and state benefits established for citizens with children;
c) the possibility of contact with the child, even with the consent of the guardianship and guardianship authorities.
45. Indicate, within how many days after the adoption of the decision on the removal of the child, the guardianship and guardianship body is obliged to apply to the court with a claim for deprivation or restriction of parental rights:
a) seven days
b) ten days;
c) thirty days.
46. Name characteristics maintenance obligations:
a) maintenance obligations are strictly personal;
b) maintenance obligations are reimbursable;
c) maintenance obligations are short-term;
d) the grounds for the occurrence of maintenance obligations are determined by law.
47. Indicate the amount of alimony collected for one minor child in court (according to the shared principle):
a) 1/3 of the earnings and (or) other income of the parents;
b) 1/2 of the earnings and (or) other income of the parents;
c) 1/4 of the earnings and (or) other income of the parents.
48. Withholding of alimony is not made:
a) from severance pay upon dismissal and amounts financial assistance;
b) from state social insurance benefits;
c) from the amounts paid in compensation for damage in connection with the loss of ability to work due to injury or other damage to health;
d) from the amounts paid to the victims in compensation for the costs of caring for them, for additional food, prosthetics and sanatorium treatment (including travel expenses);
e) from one-time premiums for which insurance premiums are not charged;
f) from prizes awarded for outstanding works in the field of science, literature and art.
49. The court makes a decision to change or terminate the agreement on the payment of alimony on the grounds established by:
a) civil law;
b) family law;
c) criminal law;
G) labor law;
e) the agreement on the payment of alimony itself.
50. The following have the right to demand the provision of alimony from the other spouse in court:
a) a disabled needy spouse;
b) wife during pregnancy;
c) a wife within five years from the date of birth of a common child;
d) a needy spouse caring for a common disabled child until they reach the age of eighteen;
e) an able-bodied needy spouse.
51. The court may release a spouse from the obligation to maintain another disabled spouse in need of assistance or limit this obligation to a certain period in the following cases:
a) if the incapacity for work of the spouse requiring maintenance occurred as a result of alcohol abuse;
b) if the spouse demanding alimony abused parental rights;
c) if the spouse demanding child support abused children;
d) the duration of the stay of the spouses in marriage;
e) misbehavior in the family of a spouse who requires the payment of alimony.
52. The maintenance obligation of grandparents arises under the following conditions:
a) the ability to work of grandparents;
b) reaching a certain age by grandparents;
c) the grandparents have the necessary funds to pay alimony;
d) the need of grandchildren for material assistance;
e) the impossibility of obtaining alimony from their parents, spouses or former spouses;
f) the presence of consanguinity between grandfather, grandmother and grandchildren.
53. During what period has elapsed from the moment the right to alimony arises, a person entitled to receive alimony has the right to apply to the court with an application for the recovery of alimony:
a) within one year;
b) within three years;
c) irrespective of time.
54. Within what period from the moment of applying to the court can alimony be collected for the past period, if the court established that prior to applying to the court measures were taken to obtain funds for maintenance, but the alimony was not received due to the evasion of the person obliged to pay alimony from their payment:
a) within one year;
b) within three years;
c) within five years.
55. Within how many days from the date of payment wages or receiving other income, the administration of the enterprise where the alimony payer works is obliged to pay or transfer alimony withheld from the payer's income to the alimony recipient:
a) three days
b) five days;
c) seven days.
56. Recovery of alimony in a judicial proceeding is terminated:
a) with the expiration of the agreement;
b) when the child reaches the age of majority;
c) when the former spouse-recipient of alimony enters into a new marriage;
d) upon the onset of full legal capacity of minor children.
57. After what time from the date of receipt of information about children in the state data bank on children left without parental care, children can be transferred for adoption to persons permanently residing outside the Russian Federation:
a) after one year;
b) after six months;
c) after three months.
58. From what age it is necessary to take into account the child's desire for adoption:
a) from the age of ten;
b) from the age of twelve;
c) at the age of fourteen.
59. Legal consequences of adoption:
a) between adoptive parents and their relatives, on the one hand, and adopted children and their offspring, on the other, personal and property rights and obligations arise that exist between relatives by origin;
b) the child loses all rights to pensions and benefits due to him in connection with the death of a parent;
c) personal and property rights and obligations between adopted children, their parents and other relatives by origin are terminated.
60. Guardianship is established over children who have not reached:
a) fourteen years old;
b) sixteen years old;
c) eighteen years old.
61. During what time from the moment when the guardianship and guardianship authorities became aware that the child was left without parental care, a guardian (custodian) is appointed:
a) two weeks
b) one month;
c) three months.
62. If a person entering into marriage on the territory of the Russian Federation has several citizenships and at the same time one of them is Russian, then the following legislation applies:
a) at the choice of the spouse;
c) the state in which this person has a permanent place of residence.
63. Early dissolution agreement on the initiative of the guardianship and guardianship authorities occurs:
a) when the child is returned to the parents;
b) due to the expiration of the contract;
c) when the adopted child reaches the age of majority;
d) when occurring in a foster family adverse conditions for the maintenance, upbringing and education of the child;
e) upon adoption of a child, including by adoptive parents.
64. Adoption on the territory of the Russian Federation of Russian children by foreign citizens is carried out according to the legislation:
a) the state in which the adoptive parent has a permanent place of residence;
c) the state of which the adoptive parent is a citizen.
Explanation of the legislation of the Russian Federation, the practice of its application, as well as the interpretation of norms, terms and concepts are carried out by the federal executive authorities at the request of citizens in cases where they are entrusted with a corresponding duty or if it is necessary to justify a decision made at the request of a citizen (clause 12.4 Model regulations for the internal organization of federal executive bodies, approved by Decree of the Government of the Russian Federation of July 28, 2005 N 452).
A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials, in the manner prescribed by the legislation of the Russian Federation, information directly affecting his rights and freedoms - .
Legal relations related to the exercise by a citizen of the Russian Federation of the right assigned to him by the Constitution of the Russian Federation to apply to state bodies and local self-government bodies are regulated by Federal Law No. 59-FZ of 02.05.
Citizens have the right to apply in person, as well as send individual and collective appeals, including appeals of associations of citizens, including legal entities, to state bodies, local governments and their officials, to state and municipal institutions and other organizations entrusted with the implementation of publicly significant functions and their officials.
Consideration of citizens' appeals is free of charge.
citizen in his written communication in without fail indicates either the name of the state body or local self-government body to which he sends a written appeal, or the surname, name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, name, patronymic (the latter - if any), postal address, to whom the response, notification of redirection of the appeal should be sent, sets out the essence of the proposal, application or complaint, puts a personal signature and date.
An appeal received by a state body, local self-government body or an official in form electronic document
, is subject to consideration in the manner prescribed (clause 3, article 7 of the Federal Law of 02.05.2006 N 59-FZ). In the appeal, the citizen must indicate his last name, first name, patronymic (the last one, if available), the e-mail address to which the response should be sent, and notification of the redirection of the appeal. A citizen has the right to attach to such an appeal the necessary documents and materials in electronic form.
An appeal received by a state body, a local government body or an official in accordance with their competence is subject to mandatory consideration.
Written request is subject to compulsory registration within three days from the date of receipt by the state body, local self-government body or official. A written appeal is considered within 30 days from the date of registration of a written appeal.
A written appeal received by the highest official of a constituent entity of the Russian Federation (head of the highest executive body state authorities of the subject of the Russian Federation) and containing information about the facts of possible violations of the legislation of the Russian Federation in the field of migration, is considered within 20 days from the date of registration of the written application.
Personal reception of citizens in state bodies, local self-government bodies is carried out by their heads and authorized persons. Information about the place of reception, as well as the days and hours established for reception, is brought to the attention of citizens.
A written appeal accepted during a personal reception is subject to registration and consideration in the manner prescribed by the Federal Law of 02.05.2006 N 59-FZ (clause 4 of article 13 of the Federal Law of 02.05.2006 N 59-FZ).
State bodies and local self-government bodies are obliged to provide access, including through the use of information and telecommunication networks, including the Internet, to information about their activities in Russian and state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local governments.
A person wishing to receive information about the activities of state bodies and local self-government bodies, access to which is not limited, is not obliged to substantiate the need to receive it.
The clarifications of a state authority have legal force only if the body is endowed, in accordance with the legislation of the Russian Federation, with special competence to issue clarifications on the application of the provisions of regulatory legal acts.
Clause 2 of the Rules for the preparation of regulatory legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of 13.08.1997 N 1009, defines an exhaustive specific list of regulatory legal acts issued by federal executive bodies: resolutions, orders, rules, instructions, provisions. The publication of normative legal acts in the form of letters, orders and telegrams is not allowed.
Documents issued in a form not provided for by the regulatory legal acts of these state or municipal authorities do not acquire legal force. Explanations of the considered federal executive bodies are made out in the form of letters.
As a rule, clarifications are of an informational, explanatory and advisory nature on the application of the legislation of the Russian Federation. They are not binding on either the law enforcement officer or the natural or legal entity, who made the corresponding request, are not of a regulatory nature and do not give rise to any legal consequences, but help to understand the content legal regulations and form a legal position.
List of executive authorities authorized to provide explanations of the legislation
Ministry of Internal Affairs of the Russian Federation (MVD of Russia)
(Ministry of Internal Affairs of Russia)
|
Approval document |
|
|
Organizes the reception of citizens, the timely and complete consideration of citizens' appeals, the adoption of decisions on them and the direction of responses within the period established by the legislation of the Russian Federation. |
Ministry of Foreign Affairs (MFA of Russia)
(Russian Foreign Ministry)
|
Power to clarify legislation |
Approval document |
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Organizes the reception of citizens, ensures timely and complete consideration of oral and written appeals from citizens, making decisions on them and sending responses within the time period established by the legislation of the Russian Federation. |
In Russia and many other states there are executive authorities. They solve a wide range of tasks in the field of public administration and have great powers. What are the specifics of the work of executive structures in the Russian Federation and other countries of the world? How can they interact with other authorities?
What are the characteristics of the executive branch of government?
Most modern states The political system is built on the principle of separation of power into 3 branches - legislative, executive and judicial. The first is responsible for the development of norms governing various processes: social, economic, sets technological, environmental and other standards.
Executive bodies also have the right to issue normative acts, however, according to legal force they are generally lower than those adopted at the level of the legislative branch. The main purpose of the relevant structures is the practical implementation of laws and other legal acts in force in the state. Judicial branch, in turn, is responsible for the application of the norms adopted by the legislative or executive branch in practice.
All 3 types of government bodies are legally independent. However, in the state constitution and other regulations it can be fixed that the activities of the executive bodies are accountable to the legislative structures, and vice versa. In the first case, the country will most likely be a parliamentary republic, in the second scenario - a presidential one.
What are executive authorities? Their specificity largely depends on the political traditions that have developed in a particular state.
Thus, in Russia the main executive body is the government. The same is true in many other countries of the world.
But, for example, in the United States, the government as a separate structure is not established. Its functions are distributed among the secretaries who form the US Cabinet, which is sometimes unofficially regarded as an analogue of the government, but, strictly speaking, it is not.
US Secretaries have decision-making authority in the areas for which they are responsible. In Russia, they are sometimes referred to as ministers - by analogy with the corresponding positions in the Russian Federation, which involve the performance of similar functions.
In both Russia and the United States, executive and legislatures independent, and in this sense, the political tradition in both states implies following the principle of separation of powers.
But, for example, in the PRC, such a classification of the branches of government is not practiced. The executive and legislative structures in the PRC are part of a common body - the National People's Congress. IN THE USSR legal separation authorities have also not been implemented.
Let us study the features of the Russian structures of state power, which are related to the executive. What are the features of their work and powers?
Executive authorities in the Russian Federation
The highest executive body in the Russian Federation is the government. It provides for the positions of the chairman, his deputies, federal ministers.
The head of the Russian government is appointed by the President of the Russian Federation. At the same time, his candidacy must be approved by the deputies of the State Duma. If the lower house of the Russian parliament refuses to appoint the prime minister proposed by the president 3 times, then the State Duma is dissolved by the head of state, after which it is re-formed in elections. At the same time, the president also receives the right to approve the candidacy of the prime minister alone.
Deputy Prime Ministers of the Russian Federation, as well as federal ministers, hold their posts by virtue of the President's order, but their candidacies are proposed by the Prime Minister of the Russian Federation. The head of state is also responsible for which executive branches will function in the government - also at the suggestion of the prime minister. But what structures are we talking about in this case?
Federal departments of the Russian Federation
The following executive authorities have been established in the Russian Federation: ministries, services, agencies. All of these departments operate at the federal level. It can also be noted that they are classified into those that are subordinate to the president and those that are accountable to the government. Let us now study the features of the work of the government, ministries, services and agencies in more detail.
Features of the work of the government
First of all, it should be noted that the activities of the executive authorities can be carried out according to collegial principles. That is, decisions in the relevant structures can only be made at meetings with the participation of competent persons. These bodies include the government of the Russian Federation. All key issues within its competence are adopted at meetings with the participation of ministers.
Since the government of the Russian Federation is the highest executive structure, its powers are to ensure the implementation of the provisions of the main law of the state - the Constitution of the Russian Federation. In addition, the government should monitor the implementation by various subjects of legal relations of federal laws, decrees of the head of state, and international legal acts. In this area of activity, the authorities can control the work of government bodies both at the federal level and in the constituent entities of the Russian Federation.
Solving the tasks set, the government often interacts with other power structures. First of all, with the president. It can be noted that the head of state has the right to attend government meetings. Decrees of the President are obligatory for execution by the relevant authority of the Russian Federation.
In addition, the government is actively interacting with the Parliament of the Russian Federation. In particular, it has the right to appoint its own representatives to the legislative bodies of power. The competence of the government is to submit bills for discussion to the State Duma, to send comments on legal acts to the structures of the parliament.
The government is also building a legal relationship with the judiciary. Yes, in constitutional court The Russian Federation has a representative from the highest executive structure. The government solves the tasks related to the execution of decisions issued by the courts. The competence of the supreme executive body covers the issues of financing the activities of the courts of the Russian Federation.
The main competencies of the government of the Russian Federation
It will also be useful to consider what competencies the government of the Russian Federation has. These are primarily divided into general and special. As for the former, in principle, they correlate with the powers that we mentioned above, and are also supplemented by such competencies as:
- ensuring the functioning of a single model of work of all executive authorities in the Russian Federation;
- implementation of federal programs;
- control over the work of individual executive structures.
The special competencies of the Russian government can be classified into those that are related to such areas as the economy, budgetary, social policy, issues of the development of science, culture, education, environmental issues, ensuring the rights and freedoms of citizens of the Russian Federation. The above-mentioned types of competencies correlate, in turn, with the functions of the executive bodies of the Russian Federation that we have considered above. Let us now study the features of the work of departments that are part of the structure of the Russian government.
What are the features of the work of Russian ministries?
The executive organs of state power, whose powers are considered the second in terms of jurisdiction after those that characterize the office of prime minister, are the federal ministries. Their main functions are policy making, as well as regulation in a specific area: in the economy, health care, security. The relevant departments are headed by ministers and are characterized by organization according to the sectoral principle. Leaders federal structures of the corresponding type are personally responsible for the fulfillment of the tasks set by the department and the exercise of its powers.
The specifics of the federal services of the Russian Federation
Each federal service is directly subordinate to a specific ministry. These executive bodies carry out activities related to control or supervision in a particular area, as well as the performance of special functions - most often related to solving problems in the field of state security. It can be noted that the powers of control and supervision that the federal services have may involve monitoring the activities of municipal structures. In this sense, they will no longer be so independent from state bodies.
The functions that the considered executive authorities carry out most often include:
- issuance of licenses to citizens and legal entities that they need to engage in a particular activity;
- registration of various acts, rights, objects;
- organization of research, expertise;
- providing citizens and legal entities with clarifications on the application of legislative norms;
- suppression of violations of the law in certain areas of legal relations.
Federal services are directly subordinate to the head or director.
The specifics of federal agencies of the Russian Federation
The system of executive bodies of the Russian Federation also includes institutions such as federal agencies. Like services, they are subordinate to specific ministries. The main functions that the agencies perform are as follows: the provision of public services in various areas (most often in education, social protection, health care), management of property owned by the state, the function of applying the provisions of certain rules of law. federal agencies also headed by a leader or director.
Regional departments in the Russian Federation
The executive bodies of state power of the Russian Federation are also represented by regional departments. These include ministries and committees. They are accountable to those performing their respective functions. federal agencies. For example, the ministries of economic development in the regions of the Russian Federation are subordinate to the Ministry of Economic Development of the Russian Federation. For executive authorities in the Russian political system Thus, centralization is characteristic. In turn, the legislative structures in the regions are generally not accountable to the federal parliament.
What are the local executive bodies in the Russian Federation that operate in the territories of municipalities? First of all, it is worth noting that local self-government in the Russian Federation is separated from the state, and therefore those categories that are used when describing the activities of federal and regional structures are not always applicable to local ones. On the one hand, at the level of municipalities, there may be a division of authorities into those that perform legislative, executive and judicial functions. On the other hand, their powers may be significantly limited by the provisions of legal acts with higher legal force - federal and regional.
Therefore, with regard to the local level of power in the Russian Federation, it is fair to say that it is represented by bodies that are not essentially executive, but perform only functions similar to those performed by the government of the Russian Federation and its subordinate departments. That is, those that are associated with the practical implementation of the provisions of the existing legal acts, including those adopted at the municipal level. In this sense, the powers of the executive body in the system of local self-government may have, for example, City Administration. Or her immediate supervisor.
Functions and powers of executive authorities of the Russian Federation
Let us now study what functions and powers characterize the executive bodies in the Russian Federation. Regarding the functions - these experts include:
- development of by-laws;
- ensuring the functioning of the public administration system in the country;
- implementation of state policy in various directions;
- application of administrative norms;
- conducting activities related to the issuance of licenses, certificates, the implementation of registration actions;
- administrative control in various areas of legal relations;
- law enforcement;
- assistance information support work of power structures.
As for the powers of the government of the Russian Federation, their range is enshrined in the provisions of Art. 114 of the Constitution of the Russian Federation. The supreme executive body of the Russian Federation may:
- carry out the development of the draft budget of the country and submit it to the State Duma;
- develop key principles of national financial policy;
- form conclusions on various initiatives in this area;
- set priorities state participation in the social, cultural spheres, in health care, in matters of ecology, science;
- manage federally owned assets;
- ensure the security of the country;
- build international relations.
It can be noted that this list of powers of the government should not be considered as closed. Separate legal acts for the main executive body of the Russian Federation may establish new powers.
Summary
So, in Russia the principle of division of power into 3 branches has been implemented. If we talk about the executive, its highest body is the government. It has legal independence from legislative and judicial structures. Formally, the president does not belong to the executive power of the Russian Federation, but his powers are such that in fact he plays a decisive role in the work of the government. He proposes to the State Duma the candidacy of the prime minister, has the right to dissolve the lower house of the Russian parliament if it refuses to appoint the chairman of the government, to approve the heads of federal departments.
The structure of the executive power of the Russian Federation is represented by ministries, as well as services and agencies subordinate to them. In the regions of the Russian Federation, their own structures have been established that perform the same functions. They are controlled by authorities operating at the federal level. Governments at the municipal level can also perform executive functions - those related to the application of laws enacted by federal, regional and local authorities. Formally local authorities independent of the government. But in a number of cases, their activities can be controlled by official executive structures within the powers that are established for them by regulatory acts.
In other countries of the world, executive functions, if we talk about the national level of power, may be carried out by other structures. Thus, in the United States, such a body as the government has not been established. Its functions are distributed among the secretaries who form the US Cabinet. In China, the principle of separation of powers is not implemented. Those bodies that solve problems inherent in the government of the Russian Federation or US secretaries do not have legal independence from legislative structures.