State power in the Russian Federation and methods of its implementation. Government
State power in the Russian Federation and methods of its implementation
Dmitrieva Yulia VyacheslavovnaOrenburg State University
Doctor of Law, Associate Professor of the Department of Constitutional and Municipal Law Rezida Miniyarovna Usmanova, Sterlitamak branch of the Federal State Budgetary Educational Institution of Higher Education
Annotation:
The article is devoted to the theoretical aspects of state power in the Russian Federation. Particular attention is paid to the methods of exercising state power. The basis for the classification of these methods is highlighted, and examples of methods are given.
The article is devoted to theoretical aspects of state power in the Russian Federation. Special attention is paid to the methods of exercise of state power. The grounds of classification of these methods were highlighted, and there are some examples of methods in this article.
Keywords:
Russian Federation; government; methods of exercising state power; signs of state power; structure of government
the Russian Federation; the power of the state; methods of exercising state authority; signs of state power; the structure of state power
UDC 342.597
Introduction: Power is the main regulator of social processes that occur in society. Managing society, ensuring law and order, as well as respecting the rights and legitimate interests of citizens is impossible without state power.
Without strong and stable government power, opposing forces are tearing society apart. To form national, interclass and intergroup relations, to harmonize the interests of these groups, to prevent social contradictions, state power finds support in society, achieving trust among certain layers or groups of society.
There are a large number of different methods for exercising government power. For example, methods of persuasion, encouragement, coercion; ordinary and special methods; expansive and restrictive and many others.
The method gives the necessary understanding of how the mechanism (apparatus) of the executive power operates, how the administrative functions of the state are implemented in practice, and also what means are used in this regard.
Relevance This topic is related to the fact that methods of exercising government power play a big role in the modern world. Thus, theoretical understanding and understanding of the classification of methods makes it possible to apply several methods of exercising state power simultaneously. Since there are a large number of methods used by the state in practice, the study of their classification is a way of understanding reality, and also expands the boundaries of understanding the essence of methods.
Purpose This work is to study state power in the Russian Federation and methods of its implementation.
Objectives of the article:
1. Consider the concept and signs of state power;
2. Study the structure of government;
3. Consider the essence of methods for exercising state power;
4. Study the classification of methods for exercising state power.
The theoretical basis for writing this work was the provisions of the theory of state and law, as well as constitutional law.
Scientific novelty: The study of problems of state power in modern Russia is one of the most important areas in the social sciences. The significance of this topic is also increasing due to the revaluation of many values in jurisprudence and other social sciences.
1) The concept and characteristics of state power
Every society needs effective management and organization, coordination of the activities of people and groups. Power is recognized as one of the forms of management, which is produced by subordinating some people to others.
Power allows you to manage social processes, coordinate the joint activities of people to further achieve the results necessary for the whole society.
Power can be classified on various grounds. If we consider power from the point of view of its social level, we can distinguish: the power of the entire society; power within an organization or team; power between two individuals. That is, we can say that power can be present not only on a state scale, but also in interpersonal relationships. Interesting point of view of R.M. Usmanova, who writes that in “modern conditions, on the basis of private and public interests, public and private power are distinguished; accordingly, the functioning of power is carried out at two levels of the social structure of society: public and private. The private level operates in small groups, while the public level includes state power and corporate power. At the public level, the municipal public power of the local community also differs.”
Social power represents relationships between people in society, expressed by the possibility and real ability of one subject or group to influence the behavior of others in order to obtain the desired socially significant result. Social power can be represented in non-political and political form. The first is power between spouses, parental power. Political power is a way to protect the interests of social groups.
State power is a type of social power. It finds its embodiment in various institutions, bodies, political institutions that form the mechanism of state power.
State power must always be organized, since otherwise it will lose the ability to carry out its will and implement it in life, as well as ensure law and order and legality in society.
Every power needs the power of authority; power becomes strongest when it is voluntary and society consciously submits to it. The more accurately, deeper and more fully state power expresses the interests of the people, class or elite, the more support it will have from these subjects.
State power will always be accompanied by the following institutions: the armed forces, security agencies - police, army, security agencies, as well as penitentiaries, prisons. These institutions are the main support and strength of state power.
Legal norms are recognized as the means of exercising state power. They can accurately and in detail record certain requirements that are imposed on people’s behavior, the conditions and boundaries of actions, describe the required or possible options for behavior for each person, and also establish the consequences of failure to comply with these requirements. However, as R.M. correctly notes. Usmanov, recently we have seen the influence of various political norms, as well as political traditions on the organization of power.
Certain characteristics of state power can be identified:
1. Power is always social, that is, it develops in society, in relations between people and serves as the organizer of society.
2. State power is endowed with a volitional character, that is, it is a manifestation of the will, recognized as the interaction of the will of subject and ruling subjects.
3. State power has a monopoly on the issuance of generally binding requirements and orders, as well as on the application of coercive measures. This feature is one of the main differences between state power and other types of power.
4. State power is always universal, it operates throughout the entire territory of a particular country, and extends to all residents of the state who are located in the designated territory.
5. State power has the right to prohibit, suspend, permit, or invalidate the manifestation of other power on the territory of the state, that is, state power has priority over other types of power.
6. State power always has a clear structure, a special apparatus, a mechanism for implementing power, where the bodies are interconnected and are in strict hierarchy and subordination. Each organ also has its own clear hierarchy.
7. State power has its own channels for transmitting and implementing orders that other authorities do not have. Such channels are legislation and law. Also, state power has means of influencing the inhabitants of the country - the police, the army, and institutions of the penitentiary system.
8. State power is most often based on the principle of separation of powers.
9. State power is always public; in the broad sense, all power is public. But in relation to state power, this property denotes the exercise of power by a professional apparatus, separated from society as an object.
10. State power is sovereign, that is, independent from other states, and power is recognized as supreme in the country itself. The supremacy of this type of power lies in the fact that state power is higher than other communities, institutions and organizations in the country, all of them are subordinate to state power.
Thus, state power is a way of leading (managing) society, which is characterized by reliance on a special apparatus of coercion (the authority of force) and a number of specific features discussed above.
2) Structure of government
The structure of power is a set of elements and components: an object, a subject, resources and a process that sets these elements in motion to achieve a specific goal.
A subject can be a group or an individual who creates, develops specific political projects, makes decisions, influences the process of making these decisions and their further implementation. The subject can be both officials vested with power and the state itself as a whole.
The object of power is certain bodies, institutions or persons towards whom the activities of the subject of power are directed. For example, in a class society, certain individuals, national or social communities, classes are recognized as subject, and the role of the ruling subject is played by the ruling class, the elite. In a democratic society, subject and object tend to come closer, sometimes even coincide. This is explained by the fact that every citizen of such a state is the bearer of a source of power. This individual has the right to take an active part in the creation of representative bodies of power, nominate candidates, control their activities, and initiate reform or dissolution.
The next element of the structure of state power can be called resources. Broadly speaking, it is anything that a group or individual has the power to use to influence others. Resources can be intangible, such as the media as leverage; material, for example, finances; by force, with the participation of the military security apparatus; political, for example, negotiations.
This element also includes the concepts of “legality” and “legitimacy” of state power. The latter determines the actual significance of power for people, its prestige among the population, its legitimacy, but not by virtue of the law emanating from the government, but due to the disposition of the population. Legitimacy is a kind of acceptance of state power by the population, recognition of its right to manage and direct processes in the country. The legality of power means its legality, action in accordance with the laws adopted in the country, that is, legal legitimacy. Legality is the legal expression of the legitimacy of power.
In a broad sense, state power is exercised by all government bodies, institutions and officials. In a narrow sense, this type of power belongs only to the central (supreme) bodies of the state. The Constitution (the fundamental law of the country) defines precisely the system of supreme bodies of the state, their powers and competence, the procedure for formation and liquidation.
The existing concepts of “separation” and “combination” of power denote the mechanism for implementing state power in the country. State power is united by its nature and cannot be divided into parts. The primary source of this power is the people, class or community. Therefore, the term “separation” does not apply to state power itself, but to its organization.
The main principle underlying the structure of state power is the principle of separation of powers. This principle is more inherent in a democratic republic.
The first organization of state power was the monarchy, therefore, it was governed by the principle of autocracy, when the fullness of power was concentrated in the hands of one individual.
The principle of combining the executive, legislative and judicial powers operated for a long time, as it had a number of advantages. For example, it was distinguished by its mobility and efficiency in resolving issues, excluded the possibility of shifting responsibility for a decision made and implemented to another person or body, and protected against the struggle between bodies over the scope of power. At the same time, this principle led to uncontrolled decision-making and the emergence of dictatorial regimes.
The principle of separation of powers is currently recognized as a more rational organization of power in a democratic state. This principle ensures interaction and mutual control of the highest state bodies as parts of a single state power. This is ensured by the system of checks and balances existing under this principle.
J. Locke argued that state power should be divided into legislative, executive and federal, and the first could indicate exactly how the power of the state should be realized. The federal government must resolve issues of participation in alliances, war and peace, that is, conduct foreign policy.
C. Montesquieu believed that there should be independent branches of government: legislative, executive and judicial. The bodies of these branches of government must interact and exercise mutual control based on a system of checks and balances.
Thus, after considering the object, subject and resources as structural units of state power, we can say that the process that sets these elements in motion to achieve the goal is the implementation of state power by state bodies, in Russia based on the principle of separation of powers.
3) The essence of the method of exercising state power
State power functions in a society that is always divided into groups, classes, social strata, which are often in conflict with each other and have opposing interests. Any power is stable only due to its social basis.
State power always strives to present itself to society as an exemplary power. She must monitor and establish justice in the country, strive to work for the common good. The power that used methods contrary to ideals and morality was recognized as an immoral power.
Socio-cultural, historical and national traditions are important for government authorities. The government becomes more stable if its activities are based on the established traditions of the country. State power, based on the values and traditions accepted in the country, is less likely to use coercive methods of exercising state power. If state power constantly resorts to the method of coercion and violence in its activities, then it will never be stable and durable, since it creates resistance in society.
A method is a certain technique, a way of practically implementing something.
The method of exercising state power is a method, a way of practical implementation of the functions, tasks of the executive branch, the activities of officials and bodies of a given branch of government on the basis of competence in the established form and within certain boundaries.
The method is one of the main elements of executive power, as it can characterize the process of implementing this power. Methods for exercising power can be different. The state can use universal methods of coercion and persuasion. The latter stimulate the necessary behavior of participants in social relations. This method includes advisory, explanatory, encouraging, educational measures, that is, measures aimed at moral influence. The method of coercion is recognized as an auxiliary method of influencing participants in social relations. It is used if the method of persuasion has not yielded results, as well as if certain administrative rules of law have been violated. Then the method can be expressed in administrative and disciplinary responsibility. So does R.M. Usmanova writes that management as an external manifestation of power is associated with the presence of organizational means and appropriate methods of persuasion, coercion and encouragement.
There is also a method of administrative coercion, which is designed to ensure public safety. This method is characterized by the performance by the subject of power of management actions that ensure the necessary proper behavior of the managed object. This may be a method that carries a direct prescription, that is, an imperative version of the will of a subject of state power. The direct nature implies that the power subject makes a decision that is legally binding for the object of control.
The listed methods are basic, basic, but not the only methods of exercising state power. Therefore, the following is a classification of methods for exercising power.
4) Classification of methods for exercising state power
The absence of a unified classification of methods for exercising state power may lead to arbitrary groupings of methods at the discretion of different authors, which will violate both the theoretical understanding and the practical implementation of methods.
The first classification can be indicated by the classification based on the methods of influence of the methods of exercising power. These are methods of indirect and direct influence on participants in public relations.
Methods of direct influence are methods that have targeted direct interaction between the object and the subject of government power. So, N.V. Makarenko means by such methods the method of encouragement, persuasion and coercion.
The method of persuasion includes education, explanation and other organizational measures, which lead to the direction of the will of the object in the direction necessary for the state. An important role in the method of persuasion is played by legal education and legal culture of the population. Often, mere knowledge of the rules of law is not enough for their strict implementation.
In a rule-of-law state, the method of persuasion is recognized as the main method of exercising state power. At the same time, a method of coercion must exist for those persons whose lawful behavior depends on the presence in the country of responsibility and enforcement of the law.
Unlike persuasion, which is more informative, encouragement and coercion have a direct impact on a person. This is an active response of government authorities to human behavior based on a positive or negative assessment.
Encouragement is a method of influencing an object that is based on a positive assessment of the actions of this object and is aimed at encouraging further conscientious fulfillment of obligations and compliance with the requirements established by law. Encouragement can be expressed, for example, in verbal and written gratitude, monetary reward.
Encouragement and persuasion are closely related methods of exercising power, but at certain points they differ significantly. For example, encouragement is recognized as an individualized method, while persuasion is designed for the collective.
When methods of persuasion and encouragement cannot influence the object of control or significantly change the situation or behavior of this object, the coercion method is used. This method, with the help of government institutions, bodies and officials, influences the object, using unfavorable legal measures that entail certain restrictions for the object in order to protect the life and health of members of society, law and order, and security. In a narrow sense, the method of coercion is aimed at influencing an object with obligatory or prohibitive norms of law.
Thus, the method of state coercion is a purposeful method of influence of state bodies on the object of management and has an individual character.
Methods of indirect influence include methods that influence all processes indirectly, through changing the conditions for the object. These are propaganda, economic, socio-psychological and other methods. The economic method plays a special role. It concerns the customs and tax policies of the state. At the moment, the economic method can be called curbing imports to develop domestic production.
The next basis for classification is the subject of method implementation. Such methods can be those methods that are implemented by public authorities, and methods that are implemented by functional public authorities that perform functions for a special purpose.
Legal facts can also serve as the basis for classification. This includes methods implemented when certain events occur, for example, in an emergency; when committing specific actions, for example, when committing a crime; when the state of the target changes, for example, when the martial law or state of emergency ends.
The basis of the following classification is the scope of action. In accordance with this characteristic, methods used in the economic sphere, political, cultural, social, environmental and other spheres are distinguished.
According to the nature of the objects of public administration, methods aimed at groups and methods aimed at individuals are distinguished.
Based on territoriality, methods can be internal and external.
Also, methods can be restrictive and expansive in scope. For example, if the law states that the rule applies to all subjects, then this is an expansive method of influence. A restrictive method can be called a method of singling out a certain category of citizens.
The classification may also be based on the consequences of implementing methods. In accordance with this basis, law-establishing, law-terminating and law-changing methods are distinguished.
Based on their mandatory nature, methods can be imperative or dispositive. The former establish a strict procedure for fulfilling the requirements of the law, which cannot be changed at the will of the control object. The dispositive method presupposes freedom of choice in the implementation of existing norms.
Depending on the legal regime, methods can be ordinary or special. Conventional methods are used every day; special ones are used when a deviation in the existence of the state is recorded. These may be emergency circumstances of a natural or man-made nature; violent change of the country's constitutional system.
Thus, we can conclude that the methods of exercising state power are characterized by diversity, and it is thanks to classification that there is a clear understanding and differentiation of methods of exercising power.
Conclusion: So, having examined the main components of the structure of state power, as well as the methods of its implementation, we can summarize. State power is a form of political power that manages society on behalf of the people throughout the state through the state apparatus, the publication and implementation of generally binding legal norms. State power has its own structure, including a subject, an object, resources and a process that unites all of these elements and sets them in motion. State power has numerous methods of implementation, which are classified on various grounds.
Bibliography:
1. Voroshilov N. Critical review of the doctrine of separation of powers, St. Petersburg: Lan. 2013. 460 p.
2. Constitution of the Russian Federation of December 12, 1993 (as amended by July 21, 2014 No. 11-FKZ) // Collection of legislation of the Russian Federation. 08/04/2014. – No. 31.
3. Locke J. Works: 3 vols., M.: Mysl. – 2002. – 404 p.
4. Makarenko N.V. Administrative law: Textbook. – M.: Yurayt, 2013. 336 p.
5. Makarenko N.V. State coercion in the mechanism of ensuring economic security: theoretical and applied problems. – N. Novgorod. Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011.
6. Melnikov V.A. Problems of defining the concept of administrative coercion // Administrative law and process. – 2012. – No. 1. – P. 2-8.
7. Protasov V.N. Theory of State and Law: A Textbook for Bachelors, M.: Yurayt Publishing House. 2014. 407 p.
8. Razgildyaeva M.B. Legal persuasion and coercion: theoretical foundations. – M.: Yurlitinform, 2012. 272 p.
9. Samoiluk R.N. Types of methods for exercising state power // Science. Thought. – N. Novgorod. Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – No. 4. – 2015. – P. 53-69.
10. Federal constitutional law of the Russian Federation “On a state of emergency” dated May 30, 2001 No. 3-FKZ (as amended on July 3, 2016 No. 6-FKZ) // Collection of legislation of the Russian Federation. – 04.06.2001 – No. 23.
11. Federal Law of the Russian Federation “On Special Protective, Anti-Dumping and Compensatory Measures for the Import of Goods” dated December 8, 2003 No. 165-FZ (as amended on June 4, 2014 No. 143-FZ) // Collection of Legislation of the Russian Federation . – 12/15/2003 – No. 50.
12. Tsygankova E.A. Coercion as a method of exercising state power. – M., 2010. – P. 7-8.
13. Usmanova R.M. On the relationship between the concepts of “public regulation”, “public management” and “public power” // Society: politics, economics, law. 2011.- No. 3. -S. 133-140.
14. Usmanova R.M. Political traditions and political norms: their role in the public regulation of social relations // Legal studies. -2012.- No. 2.- P. 25-48.
Reviews:
05/10/2017, 20:01 Shoshin Sergey Vladimirovich
Review: The peer-reviewed manuscript of the author's edition of the article is distinguished by the originality of the topic chosen by the researcher. It is sufficient to show the originality of the text posted by the author (92.51%). The clear structure of the manuscript is also interesting. At the same time, the manuscript also contains several annoying errors that require the attention of the author. In particular, it is recommended to clarify the title of the article, noting whether the article is talking specifically about the Russian Federation, or in general about state power in any country in the world. Following the logic of the manuscript, one can (at least at first glance) assume that the author is studying only the Russian Federation. On the other hand, unfortunately, it was not possible to find an analysis of the state power of other states in this manuscript. Perhaps some element of comparative research recommended for inclusion in a peer-reviewed manuscript would give it a new positive element in evaluation. A logical continuation here is also the use of the term “police”. In some other countries of the world, other names for similar structures are used (for example, the police in the Republic of Belarus). Undoubtedly, the author’s indication of the use of edged weapons by internal affairs officers requires specification. It will probably be advisable to remove a part that is so insignificant for the overall structure of the work. The manuscript requires some revision. After its improvement, this manuscript can be recommended for publication.
07/02/2017 16:16 Response to the author’s review Yulia Vyacheslavovna Dmitrieva:
Thank you for your review of the article. Indeed, the work examined the state power of the Russian Federation only (the title of the article was specified in the revision). The review also pointed to a fragment of an article about “the use of edged weapons by internal affairs officers.” This fragment has been removed.
07/8/2017, 15:18 Shoshin Sergey Vladimirovich
Review: The manuscript newly submitted for review is also distinguished by a high degree of originality of the text. According to the results of a check carried out using the resources of the resource: https://www.antiplagiat.ru/My/Cabinet, the originality of the text is 92.53%. The author of the manuscript took into account the individual critical comments previously expressed to her. The peer-reviewed manuscript may be recommended for publication. At the same time, in the process of further scientific activity, the author can be recommended to pay attention to the following points: 1. In the list of keywords, it is advisable to avoid duplication of individual words (in particular, “power”). Keywords are indicated to facilitate the search for specific information using computer technology. 2. The opinion that power is the main regulator of social relations has been challenged national history(see: events of 1917). 3. In the introduction we're talking about about the methods of the executive branch. At the same time, however, one can recall the methods practiced by other branches of government. 4. The process of refraction of marital and (or) family power into political power may also be interesting. Further in-depth research is possible here.
07/26/2017 12:12 Reply to the author’s review Yulia Vyacheslavovna Dmitrieva:
Thanks for the re-review. In future scientific activities in the field of jurisprudence, I will definitely take your recommendations into account.
As a result of studying this chapter, the student should:
know
- the essential characteristics of public power as a socio-legal phenomenon;
- the content of the principle of unity and division of power;
- qualifying features of a government body as an authority institution;
- the system of public authorities and government bodies in the Russian Federation;
be able to
- formulate and justify one’s own position on the issue of separating one or another system of government bodies into an independent branch of government;
- correlate various constitutional and legal forms of exercising public power;
own
Skills in isolating various aspects of the principle of unity and division of state power when analyzing the constitutional text, as well as the texts of federal and regional legal acts.
The concept, essence and forms of exercise of public power in the Russian Federation
The institution of power is one of the fundamental ones in the system of constitutional law (as the institution of property rights in civil law, the institution of responsibility in criminal law, etc.). Power is a multifaceted concept. This term is used in various combinations. Thus, they talk about the power of economic, economic, religious, ideological, the power of the people, the power of the head of the family, the head of a legal entity, the head of a study group, the animal trainer, the power of the laws of nature and society, etc. In any case, power is a social phenomenon, an essential element of any organization of social life, manifested exclusively in social groups (in society) and impossible outside social groups.
A social community objectively needs leadership and management, since, firstly, a mandatory feature of any social group is the presence of common interests and joint activities; secondly, the interests of the group and the individual (group member) do not completely coincide (and should not coincide); thirdly, there are differences between groups (i.e., asymmetry of interests occurs both in individual groups and between them). Thus, the need for social, public power in human groups stems from their joint conscious activity, and power, as a natural and necessary regulator of social relations, acts as a social function.
In general terms, according to the laconic but succinct expression of Professor I.M. Stepanov, power - this is the ability to command 1. And you can command (power, subjugate the will of others) using various means - authority, economic leverage, faith, persuasion, intimidation, stimulation, etc. From the definition of power follows its mandatory properties - the possession of will and strength. The volitional nature of power relations is a mandatory attribute of public power; any power, any relationship of domination is the “appropriation” of someone else’s will, the transfer of the will of the ruler (including the general, not individual will) to the subject (at the same time, however, not every volitional relationship is a power relationship, not every manifestation of will is the exercise of power: actions such as marriage, making transactions, etc., are of a strong-willed nature. On the other hand, public power always contains an element of one or another form of coercion, determined by the need to manage the joint activities of a social group
For more information about the scientist’s views on the nature and essence of state power, see: Stepanov I. M. Soviet state power. M.,
(according to specific methods of coercion, forms of appropriation of someone else's will, various types of social power are distinguished - corporate, religious, economic, parental, military, state, etc.).
When it comes to the legal aspect of public power, the categories used first of all are "state power", "public power"", less often "political power". How do these concepts relate?
First of all, we note that they are not identical. State power (as a whole, and not individual branches and bodies of this single power) is always political in nature. Possession of political power does not always mean possession of state power. Thus, councils in Russia before October 1917, similar political bodies in the liberated areas of China during civil war before the formation of the PRC in 1949, the rebel forces of Angola, Mozambique, Guinea-Bissau and other African states during the liberation struggle in the second half of the 20th century, opposition organizations and movements in Sudan and North African states today, various kinds of social movements ( "popular fronts") in the republics of the former USSR on the eve of the collapse of the Union (and in some of these states - in modern times) had fairly strong real political power, but did not have legitimate state power. State and political power should not only be identified, but also opposed. At the same time, only state power is strictly formalized; the obligatory subject of power relations here is the state (state bodies).
The concepts of “state power” and “public power” should not be equated (the latter is not used in the Constitution of the Russian Federation and other normative legal acts, but is used quite often in acts of the Constitutional Court of the Russian Federation). The category of public power, being broader, includes, in addition to state power, the power exercised by local governments in the relevant territory. Although the power of the local community is a logical continuation of the power of the state, nevertheless, in accordance with Art. 12 of the Constitution of the Russian Federation, local self-government in Russia is independent within the limits of its powers, and local government bodies are not included in the system of government bodies.
State power is considered primarily as an institution of constitutional law. The constitutional norms that directly speak about state power are laconic, but the brevity of their wording does not detract from their significance - it is the Constitution of the Russian Federation that contains fundamental provisions on the nature, organization, functioning, system of state power, and the status of individual bodies of state power.
IN as the main reasons determining the need for the existence of state power in society, the following can be named:
- 1) society, like any social group, needs management and leadership (the categories “power” and “management”, not being identical, are very closely intertwined and interact: power is a prerequisite for management, management is the process of realizing power, the implementation of power-organizational functions);
- 2) in a state-organized society, a special organization is needed to carry out “common affairs” in the interests of the whole society;
- 3) society is a large, asymmetrical social group, in which there are individuals and smaller groups with different interests and claims, which necessitates the use of coercive regulation measures.
Neither the Constitution of the Russian Federation nor other laws contain a legal (normative) definition of state power. Based on the essence and legal nature of state power, generalization of various doctrinal approaches, the following definition can be proposed: government- an obligatory attribute of the state, the most institutionalized type of social power, possessing a sovereign character, independence from any other power, exercised directly by the people or on behalf of the people by state bodies with the authority to manage various spheres of society, including the right to make generally binding decisions, ensured in that including the possibility of using state coercion.
The category of “state power” is in inextricable unity with such categories as “state” and “sovereignty” (sometimes they are even identified). State power is a socio-political phenomenon derived from the sovereignty of the people, therefore a number of its signs and attributes are signs and attributes of the sovereignty of the people, only brought into the political sphere (state sovereignty is also arbitrary from the sovereignty of the people). That is why state power cannot have absolute unlimitedness and independence: the more dependent state power is on the people, the more sovereign, “supreme” it is (and the main limiter of state power in relations with the individual and society is the constitution of the state).
Principles of organization and functioning of public authority are:
- unity and supremacy of power;
- combination of interests of the individual, society, and state in the exercise of power;
- combination of different forms of exercise of power;
- efficiency and economy of government functioning;
- openness in government activities, etc.
Federal Law No. 8-FZ dated 02/09/2009 “On ensuring access to information on the activities of state bodies and local self-government bodies” establishes the following methods of ensuring access to information on the activities of public authorities:
- 1) publication by a government agency in the media of information about its activities;
- 2) placement by the authority of information about its activities in the premises occupied by the authority and in other places designated for these purposes;
- 3) familiarization of citizens and organizations with relevant information in premises occupied by authorities, as well as through library and archival funds;
- 4) the presence of citizens and representatives of organizations at meetings of collegial public authorities;
- 5) providing citizens and organizations with relevant information upon their request;
- 6) posting information about the activities of government bodies on the Internet (general information about the government body, its name, structure, leadership, functions and powers, etc., information about the rule-making activities of the body, about international cooperation, about the results of control activities, statistical information about the activities of the body, information about work with appeals from citizens and organizations, etc.).
For the implementation of these principles and effective functioning, public authority must be legitimate. Legitimacy indicates recognition by the majority of the population of the legitimacy of any government body and a positive attitude towards the activities of the authorities. Legitimation means that at this stage the activities of the government (or its individual bodies) are supported by the majority of the population. Let us note that legitimacy is not identical to legality in the formal legal sense. Firstly, certain actions or acts of government authorities at a specific historical stage may conflict with current law, but are initially or subsequently approved by the population. Secondly,
certain de jure norms and institutions of power, being outdated and having lost authority among the population, may become de facto illegitimate. Legitimacy is largely determined not only by the rationality and quality of the current law, but also by tradition, the authority of state and political leaders and other factors.
Revealing the essence of state power, it is impossible not to talk about unity and division of power. Both concepts - unity of power and division of power - have a fairly long and complex history. Concept unity of power has two aspects - social and institutional. The first is manifested in the unity of the source, goals and main directions of the functioning of power. In the Russian Federation, the only source and bearer of power (at all levels) is the multinational people (Article 3 of the Constitution of the Russian Federation), the main goal of the functioning of all government institutions is to ensure the rights and freedoms of man and citizen (Article 2, 18 of the Constitution of the Russian Federation). In situations in which the people entrust their power to be exercised by “intermediaries” (state bodies and local governments), they do not alienate it to anyone and do not share it with anyone, remaining the only bearer of power. Government bodies, being representatives of the people, have the right to make only decisions that meet the interests of the people.
The institutional aspect of the concept of unity of power is manifested in the systematic construction and functioning of various government bodies. The degree of rigidity of the government system may vary. In the Russian Federation, the vertical of executive power has been quite rigidly constructed, a centralized model of the judicial system has been chosen, which, however, does not exclude the constitutional independence of various government bodies, the competence and procedural independence of the judiciary. Institutional aspects of the constitutional concept of unity of power (in one form or another) take place in any state; they should not be identified with the constitutional model of institutional unity of power, which excludes its institutional division and presupposes the concentration of all power in the hands of one body or a system of similar bodies (whether either the monarch in absolute monarchies or representative bodies in socialist states).
So, in People's Republic of China the principle of sovereignty of representative bodies of government is enshrined: the people exercise state power through the National People's Congress and local people's assemblies at various levels (Part 2 of Article 2 of the Constitution of the People's Republic of China); all state, administrative, judicial bodies and prosecutorial bodies are formed by assemblies of people's representatives, are responsible to them and are controlled by them (Part 3 of Article 3 of the Constitution of the People's Republic of China).
A similar model was chosen in Socialist Republic of Vietnam: the people exercise state power through the National Assembly and people's councils (Article 6 of the Constitution of the Socialist Republic of Vietnam); The National Assembly is the highest representative body of the people and the highest organ of state power of the Socialist Republic of Vietnam. The National Assembly is the only body with constitutional and legislative powers. The National Assembly exercises supreme control over all activities of the state (Article 83 of the Constitution of the Socialist Republic of Vietnam); The President is elected by the National Assembly from among the deputies of the National Assembly. He is responsible for his work and reports on it to the National Assembly (Article 102 of the Constitution of the Socialist Republic of Vietnam); The government is the executive body of the National Assembly (Article 109 of the Constitution of the Socialist Republic of Vietnam).
IN Democratic People's Republic of Korea“The working people exercise power through their representative bodies - the Supreme People's Assembly and local people's assemblies at all levels” (Article 4 of the Constitution of the DPRK).
In accordance with Art. 3 of the Constitution Republic of Cuba power is exercised by the people directly or through the People's Power Assemblies and other government bodies, formed by them.
The principle of institutional unity of power, the absolute power of the councils (“All power to the Soviets!”) was implemented for a long time (at the socialist stage of statehood) in Russia, although Lenin’s idea of merging powers and socializing state functions did not exclude the functional division of managerial labor.
Concept separation of powers (separation of powers) also has two aspects, conventionally designated as “horizontal” and “vertical”. The first is manifested in the institutional (functional) distribution of unified state power between various branches (bodies) of the same level. The traditional branches of government are considered legislative, executive and judicial (this approach is also enshrined in Article 10 of the Constitution of the Russian Federation), although in a modern state such government bodies are established that cannot be clearly attributed to any of the traditional branches of government, and therefore are established (including at the constitutional level) and other branches of government - constituent, control, presidential, electoral, civil, etc. In turn, independent branches (bodies) of state power are not isolated; a democratic state in which the concept in question is enshrined is unthinkable without the presence of a developed system of interaction between various government bodies, a system of checks and balances.
Common concept "branch of government" is figurative (maybe not entirely successful from the point of view vision logic of perception of the state-power phenomenon), however, it can also be legalized (in particular, on the basis of the works of V. E. Chirkin) and defined as a separate organizational and functional structure in the holistic mechanism of the exercise of state power, the bodies of which implement a certain function in the state management of society , when exercising their powers, are not subordinate to the bodies of other branches of government and use specialized (for this branch) forms, methods and procedures in their activities. From this definition the essential features of a branch of government follow:
- 1) organizational (institutional) and functional isolation (within the framework of the general goal of government, the bodies of a certain branch of government perform independent functions);
- 2) non-subordination to the bodies of other branches (which does not mean complete isolation, uncontrollability, lack of interaction within the framework of a system of checks and balances);
- 3) specific means and methods of power (examples of which are parliamentary procedures, judicial procedures, forms and methods of operational and administrative activities in the hierarchical system of public administration, etc.).
Based on these signs, it can be assumed that there are certain grounds for separating prosecutorial bodies and election commissions into an independent branch of government (at the same time, proposals to separate constitutional justice bodies into an independent (control) branch of government are hardly justified, since those applied by the Constitutional Court of the Russian Federation and constitutional (statutory) courts of the constituent entities of the Russian Federation, the procedures are not specific, but traditional judicial ones, therefore these bodies rightly belong to the judicial branch of government).
The vertical aspect of the division of power is manifested in the delimitation of a single power not only between different bodies of the same level, but also between bodies of different levels: between federal (central, national) and regional government bodies, as well as between the latter and local governments (as well as between regional and intra-regional government bodies in one subject of the Federation, between local governments of various levels (district and settlements of a given region)).
There is not and cannot be an insurmountable boundary between the principles of unity of power and division of power. Moreover, in many states one principle is being developed and consolidated - unity and division of state (public) power. It can be argued that this approach is also enshrined in the Constitution of the Russian Federation. Power in the Russian Federation is united, both in terms of its source (the multinational Russian people) and its goals (ensuring human rights and freedoms). At the same time, for the convenience of functioning, the unified state power in Russia is divided (functionally and territorially) between various bodies, which, being independent within their competence, closely interact with each other, maintaining the necessary balance of power. All the considered aspects lie in the content of one of the principles of Russian federalism and one of the foundations of the constitutional system of Russia - “the unity of the system of state power”.
In accordance with Art. 3 of the Constitution of the Russian Federation, the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people, who participate in the exercise of power in two main forms- directly and indirectly. Essence immediate (direct) democracy is that when exercising this form of power, there are no “intermediaries” between the people and the decisions made - the decision is made directly by citizens, voters, referendum participants, the population of the municipality, etc. Indirect democracy (representative government) lies in the fact that in this form, power is exercised by the people through the bodies of state power or local self-government formed by them (or at least with their indirect participation). Representative democracy in a modern state is a more common (and more professional) form of government.
- In turn, state power is a multi-branch concept - in addition to the actual legal one, one can highlight political science, sociological, psychological and other aspects. At the same time, as a legal category, “state power” (“public power”) has an intersectoral character: in the general theory of the state, state power is considered as the most important attribute of the state (there is no state without state power, just as there is no state power outside the state); in administrative, financial, customs law, power relations in the executive system are considered, in procedural law - in the judicial system; local public authority, the power of local communities are considered in municipal law; In international law, the problem of transformation of state sovereignty in connection with the formation of supranational authorities occupies an increasingly prominent place. However, the institution of state power (in the context of its general characteristics) is, first of all, a constitutional and legal institution.
- Chirkin V. E. Public power. M., 2005; aka. On the concept of “branch of government” // Law and Politics. 2003. No. 4; aka. Constitutional law in the Russian Federation: textbook. M., 2002. Ch. 9.
Plan
Introduction
1. The concept and essence of state power
2. Signs of state power
3. Properties of state power
4. State power in the Russian Federation
Conclusion
Bibliography
Introduction
Power is the right and ability to dispose of someone or something, as well as to subordinate it to one’s will. Explanatory dictionary of the Russian language. S. I. Ozhegov and N. Yu. Shvedova. 1997. p.86. Power is the opportunity or ability to influence the life activity and behavior of people and groups using any means of authority, will, law, or violence. State power arises simultaneously with the state and is its integral attribute. State power is the political leadership of society carried out with the help of state bodies and other state institutions in the interests of either the people, or classes, or social groups.
Power, within the framework of the functions performed, gives rise to relations of command and subordination, aimed primarily at maintaining and reproducing the established order, fixed in the constitution, laws and other regulations, and requires mandatory execution without exception.
Ensuring public discipline and law and order is carried out using active methods of purposefully influencing the consciousness and behavior of people, these methods are persuasion and coercion. State authorities, if necessary, apply coercive measures permitted by law to those who violate the interests of maintaining law and order. State coercion is a means of protecting the interests of society from criminal attacks.
In the practice of state power, stimulation by methods of persuasion and coercion is necessary at any time and in any sphere of public life. Without them, the prerequisites for economic growth cannot be created; true democracy, high culture and morality of society are impossible.
The purpose of my work is to consider the theoretical provisions on which the principles of state power are based, compare them with each other to identify the most suitable concept for our country, as well as a theoretical study of the functions of state power, the basis for constructing government bodies, and study their legal status.
The main objective of my work is to study problematic issues that arise in the process of practical activities of public authorities due to shortcomings in legislation, the influence on the activities of these bodies of many reasons that have a destabilizing nature - both economic, social, moral, and other factors.
The relevance of my work is great, since the institution of state power in the Russian Federation, in principle, despite the abundance of legislative acts (often of a local nature), is one of the most poorly studied institutions of modern Russian law. So, already studying the theoretical and legal foundations on which the practical implementation of this institution is built, it is not difficult to notice shortcomings and gaps, both in theory and in practice.
1. Conceptand essencestateauthorities
"Expect conscientious, decent, honest and smart people modernity is as unattainable a goal as it does not correspond to the very essence of state power" Barenboim P. 3000 years of the doctrine of separation of powers. Ster's Court. - M.: 1996..
State power - 1) the right and ability of the state and its bodies to manage the life of society, its citizens and their associations, to direct and correct it, to subordinate it to their will; 2) current government bodies; 3) persons vested with higher powers. Khalipov V. F. Power. Policy. Public service. Page 62.
Since the introduction of the concept of “state power” into scientific circulation, many legal scholars have tried in various historical periods to give this phenomenon their definition, guided by economic, social, political factors that took place in a given specific period. Accordingly, points of view on the concept of state power changed with the development of society and scientific thought, and all this led to the emergence of many scientifically based concepts, theories and approaches to the definition of state power.
All possible definitions of state power available to legal science fit within the framework of seven basic concepts:
1. power concept of state power;
2. state power as the dictatorship of the proletariat;
3. volitional concept of state power;
4. functional concept of state power;
5. conflictological concept of state power;
6. a concept that identifies state power with the state or state apparatus;
7. a concept that considers state power as a set of powers;
The concept that first appeared in time and received sufficient validity is the power concept of state power. It lies in the fact that state power and force are considered as homogeneous, identical concepts.
For the first time this approach can be found in Ancient Greece, where the basis of power was force and its dominance. However, Aristotle no longer considered the relationship of domination of force to be related to the state, for, in his opinion, the state exists only where there is communication between free people as a way of their public life. A. A. Chechulina. The essence of state power: basic approaches.//Law and Politics. 2005. No. 10.39.
Nicolo Machiavelli is rightfully considered the ideologist of the power concept of state power. It was N. Machiavelli’s work entitled “The Prince” that served as the beginning of the development of the conceptual apparatus of this phenomenon. N. Machiavelli interpreted state power as a single force that rules over everyone without limit and, unconditionally. The basis of power as force is fear. To exercise state power, a state is created as a form of its implementation. At the same time, N. Machiavelli categorically denied the possibility of state officials having power; only the sovereign concentrates all power in his hands. In the works of N. Machiavelli, the essence of state power is presented as an absolute force, based on the fear of punishment, capable of subjugating the people. Ibid., p.40.
Similar views can be found in Jean Bodin, who viewed state power as a force that cannot be limited and tamed. The ruler, according to J. Bodin, is not bound by anyone or anything. When the state began to be separated from the ruler, it inherited the unlimited supreme power of that ruler.
Among Soviet authors, the interpretation of state power as a forceful phenomenon also found a strong response (M. Arzhanov, F. M. Burlatsky, etc.). A feature of Soviet legal science is that when characterizing state power, the word “ability” was traditionally used instead of the term “force”. “In certain contexts, “strength” and “ability” are synonyms, completely identical concepts, because the word “power,” which we use to characterize power, means the ability to perform some actions or the ability to manifest any activity.” So, M.A. Arzhanov saw in power “the ability of the ruler to coerce the subject.” P.I. Stuchka wrote that “power in the language of lawyers means the dominance of one or several persons over another or other persons, the ability not only to act, but also to dictate the actions of others.” A. A. Chechulina. The essence of state power: basic approaches.//Law and Politics. 2005. No. 10. page 41.
From which it follows that, in accordance with this interpretation, the main constitutive feature of state power is the possibility of coercion. However, the question of limiting coercion by law and legitimizing coercion is not raised in this concept. Of the two main methods of exercising state power of persuasion and coercion, undoubted priority is given to the latter. Coercion is implemented through a specially created system of government bodies.
The power concept of power is characterized by a separation of the concepts of state power and government bodies, the latter acting only as a means of achieving the goals of power. The question of the relationship between the subject and the object of power within the framework of this approach is poorly developed. This is due to the fact that power is viewed mainly as a one-way process: the subject dominates, the object submits.
The concept of a system of state power within the framework of the power concept is poorly developed. J. Bodin, T. Hobbes, N. Machiavelli were supporters of unity of command. In their opinion, state power is a phenomenon derived from the monarch, sovereign, king, etc. In connection with which the concept of a system of state power lost all theoretical meaning. In the works of later representatives of the power concept of state power, the system of state power is considered as a set of state bodies, built on the basis of the principle of subordination. It turns out that according to the power interpretation, power as a force cannot be divided even within the “state apparatus” itself. Thus, within the framework of the power paradigm, state power pursues and realizes exclusively its own interests, which leads to its alienation from society and the establishment of rule by force. A characteristic feature of state power is its “isolation” from the people. The forceful essence of state power requires the strengthening of state coercion, the predominance of the method of coercion over the method of persuasion. As a result, state power opposes itself to society and is formed as an alienated, isolated force. The isolated nature of state power sooner or later leads to its crisis, its natural nature is deformed, it degenerates into arbitrariness.
State power as the dictatorship of the proletariat. The designated concept is closely related to the power concept of state power. However, in the works of the classics of scientific communism, the definition of state power from the standpoint of the categories of strength and power is further developed, which makes it possible to distinguish this concept as an independent one.
Thus, K. Marx, characterizing state power, called it “organized force.” V.I. Lenin defined state power as a “centralized organization of force.” According to Marxist-Leninist teaching, the essence of state power is dictatorship, the violence of the ruling class to suppress other classes. The state apparatus, relying on violence, governs society in a way that is beneficial and pleasing to the ruling class, and, in principle, may not take into account the interests of other classes. In relation to such a force, the subject, even representatives of the ruling class, cannot have any natural rights.
The dictatorship of a class means that power is not bound by any laws. “The dictatorship of the proletariat is power based directly on violence, not bound by any laws.” The dictatorship of the proletariat expressed the state will, under which the will of the proletariat in alliance with the working peasantry was declared. The concept of state power as the dictatorship of the proletariat can be seen as an extreme form of the coercive concept of state power. If within the framework of the power concept there is at least a theoretical possibility of limiting, or rather self-limiting, state power by its own laws, then within the framework of the dictatorship of the proletariat, state power is absolutized and, in principle, does not accept any restrictions.
The volitional concept of state power is based on the thesis of the German political scientist Max Weber: “Power means any opportunity to carry out one’s own will within given social relations, even against resistance, regardless of what such an opportunity is based on.” A.A. Chechulina. The essence of state power: basic approaches.//Law and Politics. 2005. No. 10. p.
Within the framework of this approach, the concept of state power received structural development. Power is seen as a volitional relationship between the subject and the object of power. A feature of power relations is that their parties - subjects and objects of power - are usually at different levels.
In Soviet legal science, the volitional interpretation of state power was developed in the works of M.I. Baitina, N.M. Keizerova, V.M. Korelsky, A.I. Koroleva, A.E. Mushkina, V.A. Ushakova.
The volitional concept of state power was developed in detail in the monograph by M.I. Baytin "State and political power". In this work, power is defined as a means of functioning of a social community by subordinating the will of individuals and their associations to the will that governs a given community. At the same time, the author especially emphasizes that state power becomes when this will comes from the state.
Another solid study of the problem of state power of a monographic nature was carried out by N.M. Keizerov in his work “Power and Authority”. The methodological basis for this work was F. Engels’s article “On Authority.” F. Engels considered power as a relationship, the dual content of which, on the one hand, means the imposition of the will of the ruler on the subject, and on the other, the subordination of the subject to the will of the ruler. Comprehending the work of F. Engels “On Authority”, N.M. Keizerov comes to the conclusion that “power is a volitional relationship between people, in which representatives identify and dominate the will of power for the purpose of management and compliance with social norms. The famous government expert V.E. Chirkin expressed the idea that state power can only arise in a socially asymmetrical society, where there is political dominance of a certain social layer, class. Accordingly, state power is a social volitional relationship arising on the basis and conditioned by the needs of its management, in which one of the parties is a special political subject - the state, its body, official.
Justified within the framework of the volitional concept, the inequality of the subject and object of the power relationship, based on the “appropriation of someone else’s will,” excludes even the theoretical possibility of the coincidence of the subject and object of state power.
The functional concept of state power is very popular among representatives of social sciences and is presented in the works of many both foreign and Russian authors.
The term “function” itself, derived from Latin word functio - execution, implementation, has several semantic meanings. On the one hand, a function is considered as a social role, purpose, purpose of an object, on the other hand, a function is the activity itself, the work, the responsibility of a given object.
Within the framework of the functional approach, the term “function” is in most cases understood as the social role of government. In connection with this, this concept allows for certain nuances in revealing the nature of state power, either through the prism of a general sociological concept, or by extending general sociological characteristics to state power. In domestic science, the functional approach to defining state power is followed by G.I. Manov, I.E. Farber, A.F. Cherdantsev, V.S. Shevtsov and others.
From the point of view of N.V. Melnikov, it is the functional approach that helps to reveal the leading role of any public union or group of people in managing society. Any human collective objectively needs power. This is due to the fact that within any society there are always many different interests. It is the government that has the ability to bring various public interests to a common denominator. Consequently, power is an objectively necessary function of any collective.
In a general sociological sense, I.E. Farber, W.S. Shevtsov defines power as a function of any society or group of people, necessary to regulate their joint activities. State power is conceived as a special function of leadership, management and coordination of volitional actions of people.
The functional approach does not clearly express the relationship between the parties in power relations. Defining state power as a function of society, a separate social group, a collective, or the state does not contribute to the formation of a unified approach to understanding the subject and object of power. So, A.F. Cherdantsev believes that the subject is the state, its bodies and other political institutions formed from people; the object is “people subordinate to power.” Cherdantsev A.F. State power and its justification.//Jurisprudence. 1992. No. 2;
At the same time, the functional interpretation of state power undoubtedly allows us to assume the possibility of coincidence of the subject and object of state power at the macro level. Such a coincidence means that the parties to the power relationship do not oppose each other, there are no relations of domination and subordination in their power understanding. The relationship between the parties to power is determined by the unity of goals and objectives. “At the macro level on the scale of society, the ruler (manager) and the subject (managed) may coincide in one subject (the people) or not coincide in one subject (the ruling elite and the people).”
However, the coincidence of subject and object does not deny subordination as a meaningful element of state power. State power is hardly possible without the subordination of one side to the other. If there is no submission, then there is no power.
It is advisable to consider the analysis of the phenomenon of coincidence of the subject and object of state power from the standpoint of the relational approach, which defines power as a relationship between two agents, in which one of them has a decisive influence on the other. At the same time, the essential feature of a subject of state power is the ability to embody the guiding principle of power (without reference to the nature and origin of the subject). An object is a passive agent who obeys. Consequently, one and the same object can act both as a subject and as an object of state power.
When the subject and object of power coincide, subordination and subordination are built depending on the value of the agent in each specific power relationship. The agent can act in different guises, based on the real situation. Thus, even Aristotle believed that “a citizen in the general sense is one who is involved in dominion and subordination.”
The system of government is considered as a set of government bodies, divided on the basis of performing various functions for managing society.
The conflictological concept of state power is based on the same premises as the functional approach to the definition of power, however, when revealing the model of power relations, they diverge. Both the functional and conflictological approaches are based on the fact that in any society there are conflicts and the task of the authorities is to resolve emerging conflicts and determine priority interests. In the functional approach, the power relationship is represented by two sides: the subject - the subordinating principle and the object - the subordinate party. The conflictological approach to understanding state power considers a three-element model of power relations. The main actors are the parties to the conflict. State power usually acts as an independent and neutral entity.
The undoubted merit of this interpretation is that it allows us to gain a better understanding of the relationship between state power and civil society. Here the state is depicted as a “night watchman”, leaving civil society entirely to self-regulatory mechanisms.
A concept that identifies state power with the state itself or the organs of the state. This concept was largely predetermined by F. Engels, who wrote: “Society creates for itself an organ to protect its common interests from internal and external attacks. This body is state power. As soon as it emerges, it acquires independence in relation to society and the more successful it is in this, the more it exercises the dominance of this class.” A.A. Chechulina. The essence of state power: basic approaches.//Law and Politics. 2005. No. 10. p.45.
Currently, this approach is used to formalize the concept of state power. Identifying state power with state bodies is most convenient for considering state power as a legal institution. Based on this concept, the system of state power acts as a system of state bodies.
However, this approach is not entirely correct. If we talk about identifying the concepts of state power and state, then the latter concept is broader and includes state power only as its institutional feature. If we compare the state body and state power, then they interact as form and content. It is more correct to consider a state body as a form of implementation of state power.
A concept that views government power as a set of powers. A.F. Maly argues that an analysis of the norms of the Constitution of the Russian Federation allows us to come to the conclusion about the prevailing understanding of state power as a set of powers exercised by specially established bodies. Maly A.F. “State power as a legal category.”//State and Law. 2001. No. 3; The system of government within the framework of this approach is also identified with the system of government bodies. Indeed, based on the definitions of state power as a set of powers, it is quite simple to explain the division of power vertically and horizontally, as well as to reveal the concept of the unity of state power.
There are several controversial points in this concept. Firstly, the nature of state power and its basis are not revealed. Secondly, the purpose of state power when viewed as a set of powers is not entirely clear. Thirdly, the categories of subject and object of state power are not defined.
A comparison of existing teachings on the nature of state power allows us to highlight several points that contribute to the formulation of the concept of state power:
1. All concepts agree on the question of what constitutes the essential basis of state power and power in general. The central element of state power is the category of subordination. In different concepts it has different names: the category of domination in the power concept, suppression or “appropriation of someone else’s will” in the volitional interpretation, the element of subordination in the functional approach, etc. Despite the different sounds, the meaning of the category of subordination remains unchanged: one side of the power relationship subjugates the other.
2. On the question of how the essence of state power is realized, concepts diverge significantly. Some concepts are based on the need to ensure violent submission, essentially reducing the essence of state power to the use of state coercion. Accordingly, the power of power is defined as the power of the state coercive apparatus. Other concepts take the position of a balanced application of methods of coercion and persuasion, without absolutizing any of them. Still others substantiate the position that only voluntary submission to state power on the part of individuals and civil society creates the opportunity for the effective implementation of state power.
3. The relationship between the sides of the power relationship and their content depends on the solution to the question of how and by what methods state power is exercised. The traditional approach for most concepts is to distinguish the subject and object of state power. The subject is the active subject, and the object is the passive subject.
All of these approaches are united by the fact that they represent an attempt to determine the essence of state power, its system and methods of implementation. Not a single definition of state power works as a universal, basic one and none of them can be rejected; each of them reflects one aspect, moment of the existence and action of power. It turns out that modern legal science prefers pluralism in defining state power. Indeed, understanding state power is an eternal and important problem that has not received an indisputable solution to this day; it is precisely the appeal to all options for defining power that contributes to a more complete and comprehensive development and analysis of state power.
Revealing the essence of state power, it is impossible not to talk about the unity and separation of powers. Both concepts - unity and division - have a fairly long history. At the same time, the unity of power in most states is considered from the point of view of the unity of the source and goals of the functioning of various power institutions.
The concept of a unified state power that denies the separation of powers is typical for dictatorial regimes of the New Age, especially for the totalitarian dictatorships of the twentieth century. In these states, the institutional unity of power is enshrined, that is, the entirety of power belongs to one branch (system of bodies). At the same time, this body does not share power with anyone. This approach took place in Russia during the Soviet period. Today it is enshrined in individual socialist states - China, North Korea, Cuba.
As a fundamental principle of the composite doctrine of a democratic state, the concept of separation of powers was first formulated by D. Locke and subsequently developed by C. Montesquieu. It involves the institutional distribution of unified state power between various branches (bodies). The traditional branches are: legislative, executive, judicial. In turn, independent branches of government are not isolated - the democratic unity in which this concept is enshrined is unthinkable without a developed system of interaction between various government bodies, a system of checks and balances.
There is not and cannot be an insurmountable line between unity and separation of powers. Moreover, in some states the principle of unity and division of state power is professed and enshrined. Many believe that this approach is enshrined in the Constitution of the Russian Federation.
The power in the Russian Federation is united, united in source (multinational people) and purpose of activity (ensuring rights and freedoms). At the same time, for the convenience of functioning, the unified state power in Russia is divided between various bodies, which are independent within their competence, interact with each other, and maintain the necessary balance of power. Article 10 of the Constitution of the Russian Federation establishes: “State power in the Russian Federation is exercised on the basis of the separation of powers into legislative, executive, and judicial. The legislative, executive and judicial authorities are independent.” Constitution of the Russian Federation, M., “Legal Literature”. 2004.
In accordance with the Constitution of Russia, the bearer of sovereignty and the only source of power in Russia is the multinational people, who participate in the exercise of power in two main forms - direct (general elections, referendums) and indirect (through state authorities and local governments).
2. Signs of state power
For a more complete and in-depth analysis of state power, it is necessary to highlight its characteristic features and characteristics.
State power is sovereign power, that is, autonomous, independent, independent and supreme, supreme power. State power is isolated from the system of all other relations between members of a given state, separated, alienated, autonomous, independent, independent of them and all other forms of power.
The sovereignty of state power also means that, in comparison with other forms of power within the state, it is the highest, upper, supreme power, and in relation to the power of any other state, it has an equal position with it. The sovereignty of state power was understood in a similar way by, for example, J. Bodin. Sovereignty, says J. Bodin, is absolute and permanent power, which the Romans call greatness, dignity, meaning the highest power to command and which the people can transfer to one of the citizens without any restrictions I.N. Homers. State and state power. Page 534.
The supremacy and, therefore, the sovereignty of state power is manifested in the fact that subjects of state power, unlike subjects of other forms of power, are endowed with certain prerogatives, exclusive (monopoly) rights and responsibilities. J. Bodin identified five distinctive features of the sovereignty of state power: the publication of laws addressed to all subjects and state institutions without exception; resolving issues of war and peace; appointment of officials; acting as a supreme court, a court of last resort; pardon I.N. Homers. State and state power. Page 535.
Considering state power from the point of view of prerogatives, exclusive, monopoly rights and obligations vested in its subjects, modern legal science can determine the features, distinctive features, properties, and characteristics of state power as follows. First of all, state power is power, the subjects of which have exclusive, monopoly rights and responsibilities to represent, express, symbolize, personify the entire state as a whole and all its members.
The peculiarity of state power is that it is power, the subjects of which have exclusive, monopoly rights and obligations to apply in relation to their objects not only certain positive sanctions, incentive measures, persuasion, but, if necessary, in case of their excessive resistance, and corresponding negative sanctions , punitive measures, coercion, including physical force. At the same time, the decisive role in the implementation of coercion belongs to specially created and officially authorized professional organizations of armed people - serving in the army, border and internal troops, militia, police, foreign intelligence, counterintelligence, security service, penal institutions, etc.
State power is often defined as power that is exclusively or predominantly coercive. However, this is not quite true. Coercion is not a property of state power alone. It is also inherent in other forms of power. Indeed, subjects of non-state forms of power available in the state often use means of coercion, but they do not have officially, including legislatively, established rights and obligations for their use in relation to all members of the state. They can have them either only unofficially, for example, members of their party, their trade union, or public association. Coercion is not the only method used by government entities. More often and first of all, they use other methods, based not on coercion, but on persuasion, taking into account the interests of citizens or subjects. Secondly, if necessary and if there are legal grounds, coercive measures can be applied by subjects of state power to all citizens or subjects of their state, to representatives of all its groups, associations, organizations.
There are many examples from history when subjects of state power constantly coerced, oppressed and even physically destroyed a significant part of their objects - citizens or subjects of their state. But never and nowhere have subjects of state power been able to carry out their functions for a long time, based only on coercion, violence, and oppression of data citizens.
A feature of state power is also that it is power, the subjects of which have exclusive, monopoly rights and obligations to make and implement regulatory decisions - laws, decrees, decrees, resolutions, orders, instructions, directives and other normative legal acts of general significance and generally binding for all members of a given state and all its subsystems. Such decisions are usually called government decisions. These are decisions that primarily concern, for example: declaring war on other states and concluding peace with them; investigation of disputes between members of the state; formation of the apparatus of state authorities, including mandatory or voluntary recruitment of citizens or subjects to serve in the army, border troops, internal troops; establishing and collecting for this purpose mandatory cash or in-kind taxes and other fees; formation and use of a general budget for a given state.
Lawmaking is a right and obligation recognized only by certain government bodies of the state, by certain subjects of state power. The execution of laws and other decisions and regulations adopted by them is the responsibility of all members of the state.
State power is, as a rule, legal power (legalized). It is based on law, legal (legal) laws. Its bearers, subjects and objects, as members of a certain state, have certain legal rights and obligations. Their activities and relations are regulated by the laws adopted in the given state, as well as by the norms of international law. The rights and obligations of subjects and objects of state power are characterized by appropriate legitimacy. They are recognized by all members of a given state and other states, their majority or a decisive part of them. This legitimacy differs from legitimacy, which is based only on the personal, or personal, qualities and “emotional devotion” of subjects and objects of power or on their belief in the significance of such “conventions” as the norms of party life and other public associations, public opinion, mores, customs, traditions, moral standards. Members of a state believe, in particular, in the importance of the rights and responsibilities of other members to appropriate, retain, transform, regulate and use state power for certain interests. It is on the faith of state members in the significance of laws that, first of all, the legitimacy of modern state authorities and government institutions, subjects of state power and employees of the state apparatus, their rights and obligations, and the legitimacy of state power itself is based.
The legality of state power can be established in a variety of forms and in a variety of ways. In the Middle Ages, in order to look like legitimate successors to the power of their predecessors, emperors, kings, tsars and other reigning persons, and after them all the nobles, kept, and sometimes invented or forged, corresponding genealogies. State power and its highest subjects - emperors, kings, kings, as a rule, were consecrated by the church. This gave them a status given by God.
Today, one of the most common forms of establishing the legality and, therefore, the legitimacy of the power of officials in a state is their election by its citizens. To fulfill this role, elections themselves must be legitimate, including legal, must be conducted in accordance with the procedure established by law and recognized by the majority of members of the state. Violations of legally established election procedures call into question the legality of officials elected through these procedures.
A feature of state power is that its subject and object usually do not coincide; the ruler and the ruled are most often clearly separated. In a society with class antagonisms, the ruling subject is the economically dominant class, and the dominated are individuals, social, national communities, and classes. In a democratic society, there is a tendency for the subject and object of power to come closer together, leading to their partial coincidence. The dialectic of this coincidence is that every citizen is not only subject; as a member of a democratic society, he has the right to be the individual primary bearer and source of power. He has the right, and must, actively participate in the formation of elected (representative) government bodies, nominate and elect candidates to these bodies, control their activities, and be the initiator of their dissolution and reform. The right and duty of a citizen is to participate in making state, regional and other decisions through all types of direct democracy. In a word, in a democratic regime there are not and should not be only those who rule and only those who are ruled. Even the highest bodies of the state and senior officials have the supreme power of the people over them, and are both the object and subject of power.
At the same time, in a democratic state-organized society there is no complete coincidence of subject and object. If democratic development leads to such a (complete) coincidence, then state power will lose its political character and turn into directly public power, without state bodies and public administration.
State power is exercised through public administration- the purposeful influence of the state and its bodies on society as a whole, certain of its spheres (economic, social, spiritual) on the basis of known objective laws to fulfill the tasks and functions facing society.
Another important feature of state power is that it is manifested in the activities of state bodies and institutions that form the mechanism (apparatus) of this power. It is called state because it practically personifies it, brings it into activity, and puts into practice, first of all, the mechanism of the state. Apparently, this is why state power is often identified with state bodies, especially the highest ones. From a scientific point of view, such an identification is unacceptable. Firstly, state power can be exercised by the ruling entity itself. For example, the people, through a referendum and other institutions of immediate (direct) democracy, make the most important government decisions. Secondly, political power initially belongs not to the state or its bodies, but either to the elite, or to the class, or to the people. The ruling subject does not transfer his power to the state bodies, but vests them with authority.
3. Properties of government
The force on which it is based is the state: no other power has such means of influence.
State power is public. In a broad sense, public, i.e. public is all power. However, in the theory of the state, this characteristic traditionally has a different, specific meaning, namely that state power is exercised by a professional apparatus, separated from society as an object of power.
State power is sovereign, which means its independence from the outside and supremacy within the country. The supremacy of state power, first of all, lies in the fact that it is superior to the power of all other organizations and communities in the country; all of them must submit to the power of the state.
State power is universal: it extends its power to the entire territory and to the entire population of the country.
State power has the prerogative (exclusive right) to issue generally binding rules of behavior - legal norms.
Let us especially dwell on such a property of state power as sovereignty.
The sovereignty of state power within the country is expressed by:
in the unity and extension of state power to the entire population and public organizations of the country
in the general binding nature of decisions of state bodies on its territory and within the limits of extraterritoriality (for example, for citizens and institutions located abroad
in the prerogative, i.e. the possibility of canceling and invalidating any manifestation of other public power
in the exclusive powers of the state to independently publish, sanction and apply generally binding norms and other regulations expressed in regulations (laws, decrees, resolutions, orders, etc.), decisions of courts, governing bodies and other government institutions.
State sovereignty is the inherent supremacy of a state on its territory and independence in international relations.
The state exercises supreme power within its own borders. It itself determines what relations with other states will be, and the latter do not have the right to interfere in its internal affairs. The state has sovereignty regardless of the size of the territory, population, or political regime.
The supremacy of state power means:
Its unconditional spread to the population and all social structures of society;
The monopoly opportunity to use such means of influence (coercion, forceful methods, up to the death penalty) that other political subjects do not have at their disposal;
Exercising power in specific forms, primarily legal (law-making, law enforcement and law enforcement);
The state has the prerogative to cancel and recognize as void the acts of other political subjects if they do not comply with the provisions of the state.
State sovereignty includes such fundamental principles as the unity and indivisibility of territory, the inviolability of territorial units and non-interference in internal affairs. If any foreign state or external force violates the borders of a given state or forces it to make one or another decision that does not meet the national interests of its people, they speak of a violation of its sovereignty.
Acting as a sign of a state, sovereignty characterizes it as a special subject of political relations, as the main component of the political system of society.
Sovereignty is complete and exclusive, one of the inalienable properties of the state. Moreover, it is precisely this criterion that allows us to distinguish a country from other public legal unions.
The division of power is one of the fundamental conditions and the main mechanism for the functioning of all types of political and non-political power.
Article 10 of the Constitution of the Russian Federation establishes: “State power in the Russian Federation is exercised on the basis of the separation of powers into legislative, executive and judicial. The bodies of legislative, executive and judicial power are independent.”
The concept of separation of powers itself is intended to serve the goals of democracy in public administration, mutual control of authorities, and prevent attempts at authoritarianism. However, the experience of most modern states where this concept has been adopted shows that the successful functioning of the branches of government is impossible without their interdependence and interaction. Therefore, the modern concept of the organizational and legal structure of power is increasingly taking on a new meaning: unity, separation, mutual control and interaction of authorities. This formulation of the question is increasingly reflected in the norms of new constitutions, although as a general principle it is almost never recorded in a clear formulation.
The theory of unity of government and separation of powers assumes that government power is unified in the sense that it is exercised by the state apparatus as a whole and that there are not several competing “state powers.” But, firstly, a single state power is exercised by legislative, executive and judicial bodies, and secondly, with the historical development of statehood and law, a certain principle of relationship and cooperation between these bodies is formed, which is called the separation of powers.
The unified state power is exercised by the state apparatus, which is a system of state bodies. Within this system, there are three subsystems (relatively independent and interacting), forming the legislative, executive and judicial branches of the apparatus of state power as a whole. This division of labor is based on the functional differentiation of state power. This functional differentiation is usually explained as the division of labor in public administration. This means that state power is functionally intended for lawmaking, law enforcement (enforcement of laws) and justice. Rational organization and division of labor in public administration give rise to government bodies with different competencies: there are bodies that establish generally binding norms, bodies that govern in accordance with these norms, and bodies that, in accordance with these norms, resolve disputes about the law.
4. StateI am the power in the Russian Federation
1) Constitutional norms of separation of powers in the Russian
Fedewalkie-talkies
Article 10 of the Basic Law of the Russian Federation states: “State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. The bodies of legislative, executive and judicial power are independent” Constitution of the Russian Federation // Rossiyskaya Gazeta dated December 00, 0000, No. 000. Art. 00..
As you can see, this article enshrines the fundamental principle of the organization of power in the Russian Federation, where each state body that carries out one of the three functions of state power interacts with other government bodies, and at the same time they limit each other.
At this point of the course work, general comments will be given on the articles of the Constitution of the Russian Federation under consideration. Next, the author will consider each of the branches of government separately.
At the federal level of the organization of state power in the Russian Federation, the system of checks and balances according to the Constitution is as follows. The legislative body - the Federal Assembly - passes laws, determines the regulatory framework for the activities of all government bodies, influences the activities of the executive branch through parliamentary means (the most serious instrument of influence is the possibility of raising the question of trust in the Government), participates in one form or another in the formation of the Government, judicial bodies of the Russian Federation.
The Government of the Russian Federation exercises executive power: organizes the execution of laws, influences the legislative process in various ways (the right of legislative initiative, the obligation to submit Government opinions on bills that require the attraction of additional federal funds). The possibility of expressing no confidence in the Government is balanced by the possibility of dissolving the legislative body by the head of state.
The Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation have the right of legislative initiative. These courts, within their competence, consider specific cases in which other federal government bodies are parties.
Since in Art. 10 talks about the separation of powers as a principle of organizing state power; this provision does not apply to the organization of local self-government in the Russian Federation, since according to Article 12 of the Constitution, local government bodies are not included in the system of state authorities.
The list of federal government bodies given in Part 4 of Art. 78, is exhaustive, i.e. its expansion is not allowed without changing Ch. 1 of the Constitution. Listing of federal government bodies in Ch. 9, to change which according to Art. 135 of the Constitution, a complicated procedure must be applied, with the goal of creating a stable system of organizing state power in the Russian Federation.
2) President of Russian FederationAccording to Article 80 of the Constitution of the Russian Federation Constitution of the Russian Federation // Rossiyskaya Gazeta dated December 21, 2001, No. 173. Art. 34.:1. The President of the Russian Federation is the head of state.2. The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Russian Federation, he takes measures to protect the sovereignty of the Russian Federation, its independence and state integrity, ensures the coordinated functioning and interaction of government bodies. Thus, the main task of ensuring interaction between authorities is assigned by the Constitution to the President. That is why the chapters on the three branches of government are preceded by ch. 4 “President of the Russian Federation.” In accordance with Art. 80 of the Constitution, it is the President who ensures the coordinated functioning and interaction of government bodies, determines the main directions of the state’s foreign and domestic policy, which are then implemented in the relevant laws and regulations adopted by government bodies of all levels. This, in particular, is the meaning of the provision contained in the Constitution: “The President of the Russian Federation is the guarantor of the Constitution of the Russian Federation, the rights and freedoms of man and citizen.” It is important to note that, ensuring and directing the activities of all federal government bodies, performing active coordinating functions, the President valid only within the limits established by the Constitution of the Russian Federation. The legal status of the President covers several areas. First of all, the President acts as the head of state, which means that he is the first among government officials. He represents the Russian Federation within the country and in international relations. It is as the head of state that the President is vested with the right to address messages to the federal legislative body. Diplomatic representatives are accredited to the President, he appoints and recalls diplomatic representatives of the Russian Federation in foreign states and international organizations. The President, as the head of state, has the right to pardon. The President is the Supreme Commander-in-Chief of the Armed Forces. In this capacity, he, in particular, introduces martial law, the regime of which is determined by federal constitutional law, appoints the highest command of the Armed Forces, and approves the military doctrine of the Russian Federation. The legislative powers of the President are related to the areas of legislation and execution of laws. The President has the right of legislative initiative and suspensive veto. But the power to reject laws does not cover all federal laws. It is not applicable to federal constitutional laws, which are adopted by a qualified majority of votes in both chambers of the Federal Assembly. In the sphere of executive power, the role of the President is determined not only by his active influence on the activities of the Government, since the President has the right to determine the main directions of internal and foreign policy state, but also by the fact that, with the consent of the State Duma, he appoints the Chairman of the Government, and, at the latter’s proposal, the personal composition of the Government. In addition, the President has the opportunity to protect the Government from what he considers to be unjustified interference in the legislative powers of the Government. The President has the right to disagree with the State Duma’s expression of no confidence in the Government, and if the Duma, within three months, repeatedly expresses no confidence in the Government, then the President announces the resignation of the Government or dissolves the State Duma. The concept of presidential power adopted by the current Constitution differs significantly from that carried out in the previous Constitution .The essence of the changes is, first of all, that the President ceases to be the head of the executive branch. According to Art. 110 of the Constitution, executive power is now exercised by the Government. Let us note that the Chairman of the Government, and not the President, determines the main directions of the Government’s activities and organizes its work (Article 113). Thus, the provisions of the Constitution allow us to assert that the President occupies an independent and dominant place in the system of bodies of the Russian Federation exercising state power (according to Part 1 of Article 11 is the President, the Federal Assembly, the Government). This position of the President does not limit the independence of the activities of the main state bodies of the Russian Federation, since the powers of the President are aimed at ensuring coordinated interaction of all branches of government of the Russian Federation, compliance with the Constitution, protection of human rights and freedoms, and protection of state sovereignty Okunkov L.A. Constitutions of the CIS member states. Institute of Legislation and Comparative Law; Edited by L.A. Okunkov - M.: NORMA-INFRA-M, 2002; 143 p.. When analyzing the legal provisions and powers of the President, it should be taken into account that they are set out not only in Chapter. 4 “President of the Russian Federation”, but also in subsequent chapters of the Constitution. 3) Federal Assembly (Federation Council and State Duma) Chapter 5 of the Constitution of the Russian Federation reveals the basics of the organization and activities of the Parliament of the Russian Federation. The legal status of the Federal Assembly is defined not only in Chapter. 5 of the Constitution. The fundamentals of interaction between the Federal Assembly and the President of the Russian Federation are established in Chapter. 4 “President of the Russian Federation”, the procedure for appointing the Chairman of the Government of the Russian Federation, as well as expressions of no confidence in the Government by the State Duma are reflected in Chapter. 6 “Government of the Russian Federation”. In ch. 7 “Judicial Power” defines the powers of the Constitutional Court in relations with the chambers of the Federal Assembly. The constitutional status of the legislative and representative body of state power of the Russian Federation has changed. If the previous Constitution recognized his right to resolve almost all issues within the jurisdiction of the Russian Federation, then in the new Constitution the list of issues to be considered by the chambers of the Federal Assembly is more limited. Administrative functions are excluded from the jurisdiction of parliament. The control functions of the legislature have also undergone changes. Parliamentary control is quite limited. The chambers of parliament retain the right to exercise control over the execution of the federal budget (Article 114), and the State Duma also has the power to decide the issue of confidence in the Government of the Russian Federation. The Federal Assembly consists of two chambers: the Federation Council and the State Duma. Formally, the Federation Council is not the upper house of parliament and, accordingly, the State Duma is not the lower, since this is not established by the Constitution. As a rule, the chambers of the Federal Assembly sit separately. In some cases, joint sessions of the chambers are held. At their meetings, the chambers of the Federal Assembly exercise the powers assigned to them by the Constitution of the Russian Federation. Most of the powers of the chambers are delimited in the Constitution based on the nature of representation inherent in the method of formation of the chambers and their functional purpose. There are three main groups of powers of the chambers of the Federal Assembly established by the Constitution: 1) relating to the exclusive jurisdiction of each of the chambers of the Federal Assembly (Article 102 and 103); 2) related to the organization of the activities of the chambers (Article 101); 3) on the adoption of federal laws (Article 105). It should be especially noted that the difference in the functions of the chambers for the adoption of federal laws enshrined in the Constitution. According to the Constitution, legislative activity is concentrated primarily in the State Duma: bills are submitted to the State Duma; there is a possibility of overcoming the disagreement of the Federation Council with the law adopted by the State Duma; the time limits within which the Federation Council is obliged to consider laws transferred to it by the State Duma are limited. The functions of the Federation Council in the field of lawmaking are to consider laws adopted by the Duma, their approval or disapproval. There are two main ways to clarify the provisions of the Constitution that determine the status of the Federal Assembly. Firstly, on controversial constitutional issues or when filling gaps in the Constitution, it is possible to interpret it by the Constitutional Court of the Russian Federation in accordance with Art. 125 of the Constitution. Secondly, following the spirit and letter of the Constitution, the chambers of the Federal Assembly can independently resolve most issues related to the organization of their work by adopting chamber regulations, and, if necessary, federal laws. The adoption of federal laws is necessary, in particular, to resolve a number of issues related to determining the status of deputies of the chambers of the Federal Assembly, the status and procedure for the activities of committees and commissions of the chambers of the Federal Assembly. 4) Government of the Russian Federation As already noted, the Government exercises state power in the Russian Federation along with the President, the Federal Assembly Annie and the courts of the Russian Federation. The Constitution increases the status of the Government and consolidates its independence (Article 11). Unlike the previous Constitution, which entrusted direct leadership of the executive branch to the President, and also provided for the accountability of the Government to the federal representative and legislative bodies (Congress of People's Deputies and the Supreme Council) and the President, the new Constitution is based on the independence of all branches of government and such subordination and subordination not provides. In the modern appearance of the Government, the prerogatives of the federal executive power are more consistently expressed, taking into account the principle of separation of powers, the responsibility of the Government for carrying out socio-economic transformations in the country, the implementation of a unified state policy in the sectors and areas of the national economy falling under the jurisdiction of the Russian Federation (Article 71 ) and joint jurisdiction of the Federation and its constituent entities (Article 72). It is important to note that the new Basic Law creates real prerequisites for the Government to become truly capable of implementing the programs it has outlined to stabilize the economy and bear full responsibility for its decisions and actions. The Government differs from other federal bodies primarily in its subject and scope of activity. It is not engaged in the adoption of laws, like the Federal Assembly, but ensures management of the economy of the entire country. Suffice it to say that according to Art. 114 of the Constitution, the Government develops the federal budget and reports on its execution, manages federal property, ensures the implementation of a unified financial, credit and monetary policy, state support for culture, science, education and healthcare. One of the main functions of the Government is to organize the implementation of federal laws and systematic control monitoring their implementation by executive authorities at all levels and taking the necessary measures to eliminate violations. This task permeates the activities of the Government, predetermines the content and nature of its powers, the subordinate legislation of its decisions, i.e., their adoption on the basis and in pursuance of the Constitution, federal laws and presidential decrees. The Government exercises its powers by adopting resolutions and orders on strategic and current issues management, as well as using the right of legislative initiative (Article 115) by developing and submitting to the State Duma draft laws that form the necessary legal framework. The active participation of the Government in the legislative process, the obligation of its conclusions on all projects involving expenses covered by the federal budget, enable the Government to carry out the functions assigned to it and the intended economic program. At the federal level, the Government unites and coordinates the work of ministries, committees and other subordinate his organs. In this regard, the Government and the federal system (structure) of administrative bodies are organically connected. The central government bodies that are part of the executive power system are under the direct authority of the Government and are subordinate to it. In practice and after the adoption of the new Constitution, the President repeatedly issued decrees on issues within the jurisdiction of the Government, in particular on the management of federal property, indexation of deposits, increasing the minimum the amount of wages, the introduction of various social payments and benefits. The assessment of such acts of the President from the point of view of the constitutional powers and prerogatives of various government bodies is the subject of special consideration. Let us only note that for the effective management of the country and the elimination of conflicts in legislation, the problem of delimiting the competence of the President and the Government in the sphere of executive power becomes quite relevant. The relationship of the Federal Assembly with the Government is determined primarily through laws adopted by Parliament, which the Government as the executive branch must execute and implement in life. The other, most powerful lever of influence of parliament - approval of the federal budget - provides the possibility of financial control over the activities of the Government. And finally, the third lever is the consent of the State Duma to the appointment of the Chairman of the Government and the adoption by this chamber of a vote of no confidence in the Government. However, the latest actions are very responsible for the deputy corps, since under certain conditions the stubborn State Duma can be dissolved by the President. The constitutional status and powers of the Government, naturally, do not cover all aspects of its activities that require legislative regulation. Therefore, the Constitution provides for the adoption of a federal constitutional law on the Government. This law will define in more detail the legal basis and organization of its activities, the procedure for the formation and composition of the Government, relations with the President, the chambers of the Federal Assembly, and executive authorities of the constituent entities of the Federation. The forms and methods of mutual delegation of powers by executive authorities need to be legislated. In a federal state, this path opens up broad prospects for achieving an optimal combination of decentralization of management while retaining strategic national priorities and control over reform implementation at the center. With the adoption of this law, another practical task arises - the revision of previously issued acts of the Government. It should be emphasized that in this area there are no trifles or secondary issues. Such normative acts as the regulations for meetings of the Government and its Presidium, the rules for preparing draft resolutions and orders of the Government, and the regulations on the Government apparatus have always been given great importance. The renewal of this legal framework directly follows from the new status of the Government. And here, in addition to clear normative regulation of the internal activities of the Government, it is important to consolidate and introduce scientific management methods. 5) Judicial power in the Russian Federation The formula “judicial power” used by the Constitution is a brief expression of the political and legal doctrine arising from the concept of separation of powers in a rule of law state and establishing the place of the judiciary in the system of the state mechanism. At the same time, the Constitution directly indicates that the courts of the Russian Federation exercise precisely state power (Article 11). The basis of the judicial power is a set of judicial bodies of various competences, distanced from the bodies of representative and executive power. At the same time, the legislator gives the judiciary some powers to control the legality of the performance of certain functions by subjects of other branches of government. The consolidation of the judicial power as a state legal institution in constitutional norms and federal legislation makes it possible to highlight its specific features, to note the need to approve a system of guarantees that allow the judiciary to exercise its functions and solve state tasks assigned to it by law. The characteristic properties of the judiciary are independence, exclusivity, legality and completeness. All these qualities are reflected in the norms of the Constitution of the Russian Federation. The purpose of the judiciary is to protect the rights and freedoms of citizens, the constitutional system of the Russian Federation, ensuring compliance of acts of the legislative and executive powers with the Constitution, compliance with legality and fairness in the execution and application of laws, as well as other normative acts. Ensuring the implementation of the rights and freedoms of man and citizen provided for by the Constitution is the main content of the activities of the judiciary (Article 19 of the Constitution). The exclusivity of the judiciary lies in the fact that no other body of state power or administration has the right to assume the functions and powers that constitute its competence ships. The state trusts the court with the right to use the coercive powers of state power: in the manner prescribed by law, to find a person guilty of committing a crime, to impose criminal punishment. The system of federal judicial authorities, determining the procedure for their organization and activities are the responsibility of the Russian Federation. The system of these courts includes the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, and other federal courts. What is new for establishing the limits of judicial power and its internal structure is the inclusion by the Constitution of the prosecutor's office of the Russian Federation in the structure of the judicial power. The Prosecutor General of the Russian Federation is appointed by the Federation Council of the Federal Assembly and heads the entire system of prosecutorial supervision bodies. The implementation of criminal prosecution by the prosecutor's office and the maintenance of public prosecution in court proceedings is an important element of the functioning of the justice authorities. The subordinate nature of the judiciary is manifested not only in the fact that the judiciary and judges act on the basis of the law, subject only to the Constitution and federal laws, but also in the fact that that its bearers do not have the right to deviate in their activities from the requirements of the law. The legislative basis for the functioning of the judiciary is the Constitution, the federal constitutional law on the judicial system, federal laws on the highest judicial bodies of the Russian Federation and other federal courts, establishing the competence, order of formation, structure and basic functions, as well as logistical and organizational support for these courts. The establishment by the Constitution of uniform requirements for the judiciary and judges and the observance of legal guarantees in relation to judges has a stabilizing significance for the formation of the judicial system. For the first time, the condition and quality of the judiciary are regulated at the constitutional level. The unification of requirements for candidates for judicial positions throughout Russia acquires particular importance given the known separation of courts from the system of law enforcement agencies and the assignment of issues of working with judicial personnel to the joint jurisdiction of the Russian Federation and its constituent entities (clause “l” of Article 72). Completeness judicial power is determined by its volume, the finality of decisions made by the judicial power, and their binding nature. Court decisions that have entered into legal force, as well as judicial orders, demands, instructions and other judicial acts provided for by law must be binding on all state authorities, local governments, enterprises, officials, citizens and their associations without exception and are subject to unconditional execution. throughout the entire territory of the Russian Federation. Failure to comply with acts of the judiciary that have entered into legal force, demands and orders of judges, interference in the legitimate activities of judges and the court apparatus (bailiffs), and disrespect for the court or judges entail liability established by law. Conclusion In this course work, the phenomenon of state power was considered from different heights of theoretical study, namely: - as a special political institution, an organization exercising public political power, or the apparatus of this power; - as an apparatus of state power, a set of government bodies and officials and their relationships , connections between them; - as a system of state institutions, legislative, executive and judicial authorities. The study of the nature of state power has shown that statehood should remain the main value of a citizen of Russia. He pins his hopes on the protection of life, health, freedom, dignity, the constitutional order, border security, and justice in the sphere of property relations with firm state power. The successful construction of an economically developed federal state and the achievement of political and social stability are impossible without the coordinated activities of all levels of government. Meaning democracy is not that the people are proclaimed the source of power, not that government bodies declare themselves to be bodies through which “the people exercise their power,” but that all full-fledged citizens (their associations, organized groups) are formally equal to the extent possible are allowed to form the highest bodies of state power and thereby - to form the state will. Among the important prerequisites for seriously improving the functioning of state power and increasing the efficiency of its bodies in our country, it is necessary to highlight the following: - increasing the efficiency of the legislative process; - increasing the effectiveness in the implementation of adopted laws ;- increasing interaction between various branches of government; - improving legislative technology and planning; - comprehensive expansion of connections between deputies and voters; - further development and updating of the entire legislative framework of the Russian state and society. In conclusion, I would like to express the hope that legislative and representative bodies in our country will make a significant contribution to the development of our country, ensuring a decent life for our fellow citizens and the prosperity of our Fatherland. Bibliography: Regulatory acts:1. Constitution of the Russian Federation. Official publication of the Administration of the President of the Russian Federation. M., 2007.2. Federal constitutional law of December 17, 1997 “On the Government of the Russian Federation” // SZ RF. 1997.No.51. Article 5712; 1998. No. 1. Article 1.3. Federal Law of August 28, 1995 “On the general principles of organizing local self-government in the Russian Federation” // SZ RF. 1995.№35. Article 35064. Federal Law of October 6, 1999 “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” // SZ RF. 1999. No. 42. Article 5005; 2000. No. 31. Article 3205; 2001. No. 7. Art. 608.Educational and scientific literature:6. Baglay M.V. Constitutional law of the Russian Federation: Textbook for universities. 5th ed., and additional. - M.: Norma, 2006.7. Kozlova E.I., Kutafin O.E. Constitutional law of Russia: Textbook. 3rd edition, revised. and additional - M.: Jurist, 2004.8. Lazarev V.V. General theory of law and state: Textbook. 3rd edition, revised. and additional - M.: Jurist, 2002.9. Marchenko M.N., Deryabina E.M. Jurisprudence: Textbook. - M.: Prospekt, 2006.10. Gomerov I. N. State and state power; 11. Maly A.F. “State power as a legal category.”//State and Law. 2001. No. 3;12. Pisarev D.I. Works: In 4 vols. T. 4. M., 1956;13. Explanatory dictionary of the Russian language. S. I. Ozhegov and N. Yu. Shvedov;14. Khalipov V. F. Power. Policy. Public service;15. Reader on the theory of state and law. T. N. Ryadko. 2005.16. Cherdantsev A.F. State power and its justification.//Jurisprudence. 1992. No. 2;17. Chechulina A.A. The essence of state power: basic approaches.//Law and Politics. 2001. No. 10;18. Legal encyclopedia. Ed. "Norm". 200119. Alekseev S. S. General theory of law. In 2v. T.1. M., 1981;State power is a fundamental category of state science and the most incomprehensible phenomenon of people's social life. The concepts of “state power” and “power relations” refract the most important aspects of the existence of human civilization, reflecting the harsh logic of the struggle of classes, social groups, nations, political parties and movements. It is no coincidence that problems of power have worried scientists, theologians, politicians, and writers in the past and continue to worry them today.
State power is partly social power. At the same time, it has many qualitative features; the most important feature of state power lies in its political and class nature. In scientific and educational literature, the terms “state power” and “political power” are usually identified. Such an identification, although not indisputable, is acceptable. In any case, the state is always political and contains elements of class. 1
The founders of Marxism characterized state (political) power as “organized violence of one class to suppress another.” For a class-antagonistic society, this characterization is generally true. However, it is hardly permissible to reduce any state power, especially democratic ones, to “organized violence.” Otherwise, the idea is created that state power is a natural enemy of all living things, of all creativity and creation. Hence the inevitable negative attitude towards authorities and the persons who represent them. Hence the far from harmless social myth that all power is an evil that society forces us to endure for the time being. This myth is one of various kinds of projects for curtailing public administration. Meanwhile, truly people's power functioning on a scientific basis is a great creative force that has the real ability to control the actions and behavior of people, resolve social contradictions, harmonize individual or group interests, and subordinate them to a single sovereign will through methods of persuasion, stimulation, and coercion.
A feature of state power is that its subject and object usually do not coincide; the ruler and the ruled are most often clearly separated. In a society with class antagonisms, the ruling subject is the economically dominant class, and the dominated are individuals, social, national communities, and classes. In a democratic society, there is a tendency for the subject and object of power to come closer together, leading to their partial coincidence. The dialectic of this coincidence is that every citizen is not only subject; as a member of a democratic society, he has the right to be the individual primary bearer and source of power. He has the right, and must, actively participate in the formation of elected (representative) government bodies, nominate and elect candidates to these bodies, control their activities, and be the initiator of their dissolution and reform. The right and duty of a citizen is to participate in making state, regional and other decisions through all types of direct democracy. In a word, in a democratic regime there are not and should not be only those who rule and only those who are ruled. Even the highest bodies of the state and senior officials have the supreme power of the people over them, and are both the object and subject of power.
At the same time, in a democratic state-organized society there is no complete coincidence of subject and object. If democratic development leads to such a (complete) coincidence, then state power will lose its political character and turn into directly public power, without state bodies and public administration.
State power is realized through public administration - the purposeful influence of the state and its bodies on society as a whole, certain of its spheres (economic, social, spiritual) on the basis of known objective laws to fulfill the tasks and functions facing society.
Another important feature of state power is that it is manifested in the activities of state bodies and institutions that form the mechanism (apparatus) of this power. It is called state because it practically personifies it, brings it into activity, and puts into practice, first of all, the mechanism of the state. Apparently, this is why state power is often identified with state bodies, especially the highest ones. From a scientific point of view, such an identification is unacceptable. Firstly, state power can be exercised by the ruling entity itself. For example, the people, through a referendum and other institutions of immediate (direct) democracy, make the most important government decisions. Secondly, political power initially belongs not to the state or its bodies, but either to the elite, or to the class, or to the people. The ruling subject does not betray his power to the state bodies, but vests them with authority.
State power can be weak or strong, but, deprived of organized power, it loses the quality of state power, since it becomes unable to implement the will of the ruling subject, to ensure law and order in society. It is not without reason that state power is called the central organization of power. True, any power needs the power of authority: the deeper and more fully the power expresses the interests of the people, of all layers of society, the more it relies on the power of authority, on voluntary and conscious submission to it. But as long as state power exists, it will also have objective and material sources of power - armed organizations of people or security agencies (army, police, state security agencies), as well as prisons and other forced material appendages. Organized force provides state power with coercive ability and is its guarantor. But it must be guided by the reasonable and humane will of the ruling subject. The use of all available force is absolutely justified when repelling external aggression or suppressing crime.
Thus, state power is a concentrated expression of will and strength, the power of the state, embodied in state bodies and institutions. It ensures stability and order in society, protects its citizens from internal and external attacks through the use of various methods, including state coercion and military force.
In solving the problems facing it, state power continuously influences social processes and is itself expressed in a special type of relationship - power relations that form a unique political and legal fabric of society.
Like any relationship, power relations have a structure. The parties to these relations are the subject of state power and the object of power (subject), and the content is formed by the unity of transmission and subordination (voluntary or forced) of the latter to this will.
The subject of state power, as already noted, can be social and national communities, classes, people, on whose behalf the state bodies act. The object of power is individuals, their associations, layers and communities, classes, society.
State power is complex and multidimensional, which affects and influences all aspects of society.
As we have already said, state power is an instrument or a way of maintaining the established order of social existence, based on the principles of subordination and subordination, the ability and right of some people to subordinate others to their will.
The essence of state power reveals itself in her social, political, ideological And regulatory nature.
So, social nature of state power characterized by the fact that power is exercised in a specifically designated form: bodies, institutions, officials. The only source of state power is legitimate and legal institutions for managing society within the state.
The political nature of state power characterized by the fact that the powers in this case are public, affecting the interests and extending to everyone.
The ideological nature of state power reflects its internal image, it is she who justifies and explains the state’s monopoly right to social violence.
Regulatory nature of state power consists in the presence of a hierarchy of normative legal acts that establish legality, legitimacy and the procedure for the exercise of power.
Principles of State Power
The exercise of state power is realized on the basis principles of government, which predetermine the functioning of the main institutions and authorities.
Fundamental principles of state power:
1. The principle of sovereignty, which secures the supremacy, unity and independence of state power.
2. The principle of legitimacy, which consolidates the connection between the people and the government based on consent. A low level of legitimacy inevitably leads to a strengthening of the power bloc and decision-making from a position of strength.
3. The principle of legality, which determines the need for clear and strict compliance with the rules of law on the part of government agencies.
4. Principle of legality, which consolidates a political and legal regime in which the basis of social existence is strict compliance with the requirements of regulatory legal acts on the part of all participants in social relations.
5. The principle of hierarchy, which consolidates a system of organization of state power in which power institutions are in the position subordination.
6. The principle of separation of powers is one of the basic principles of the exercise of state power in modern democratic states, in which the branches of government (legislative, executive and judicial) are independent of each other.
7. The principle of election and collegiality establishes the basis on which the most important government positions should be elected, and significant decisions must be made taking into account public opinion and based on the conclusion of the expert community.
8. The principle of professionalism determines the position of the state authorities towards its own personnel, in other words, the personnel of public authorities must have the necessary knowledge and qualifications that would allow them to solve the assigned tasks.
Structure of government
Structure of government reveals it internal structure and hierarchy, it can vary significantly depending on the form of government, political regime and form of government.
In the most general form, in accordance with the principle of separation of powers, we can distinguish the following structure of state power in most modern states:
Legislature– elected power exercised by the highest legislative body on the basis of the principle of professionalism and collegiality.
Executive branch- appointed power exercised by the highest official of the state, government and other public authorities.
Judicial branch– independent power, exercised on the basis of the principle of professionalism by specially authorized bodies and persons. The judiciary plays an important role in the system of checks and balances in the exercise of state power and acts as a guarantor of legality and justice in the state.
Methods of exercising government power
It should be noted that the methods of exercising government power vary significantly depending on the form of government, political regime and other factors.
Anyway, government relies on two main methods: beliefs And coercion.
Coercion method is based on the possibility and right to use force by the authorities in relation to the population in order to subjugate the state will. The use of coercion must be strictly regulated by legal norms and must not exceed the reasonable limits of permitted violence.
Persuasion method is based on the need to instill in the population a positive image of state power and an image of proper behavior through the use of the full range of means of ideological and information influence.
Secondary methods include: stimulation method (moral and material encouragement), normative method (regulation, system of legal acts), information method (dosing of information and disinformation).
- What documents should an individual entrepreneur have?
- Accounting for individual entrepreneurs - rules and features of independent reporting under different tax regimes Primary documentation for individual entrepreneurs
- Accounting for individual entrepreneurs: features of accounting in individual entrepreneurs?
- How to privatize an apartment, everything about privatization List of documents for privatization of an apartment