CC BY
109
)УНИВЕРСИТЕТА
имени О.Е. Кугафина (МГЮА)
Bakurova N. N.
The System of Federal Bodies of Executive Power in Russi
Проблемы совершенствования системы органов исполнительной власти
THE SYSTEM OF FEDERAL BODIES OF EXECUTIVE POWER IN RUSSIA
Abstract. The article examines the system of Executive authorities of Russia at the Federal level in the modern period, describes the elements of such a system, shows their relationship. Federal Executive bodies are considered in terms of organizational, functional and substantive criteria, based on the doctrine of domestic administrative law and process. The author characterizes the system of Executive authorities of the Federal level as a whole, as well as individual elements of this system, taking into account the structure of Federal Executive authorities built on the basis of the new legislation, including Federal ministries, Federal services and Federal agencies, shows the role of the President of the Russian Federation and the Government of the Russian Federation, exercising General management of the activities of the bodies in question, depending on the sphere of public administration —administrative and political, economic and socio-cultural. Focuses on the importance of a combination of these criteria with the characteristics of the system of Federal bodies of Executive power with regard to its integrity. Keywords: system, structure, Federal Executive bodies, Federal Ministry, Federal service, Federal Agency, functions.
DOI: 10.17803/2311-5998.2019.58.6.081-086
Наталья Николаевна БАКУРОВА,
доцент кафедры административного права и процесса Университета имени О.Е. Кутафина (МГЮА), кандидат юридических наук, доцент [email protected]; [email protected]
125993, Россия, г. Москва, ул. Садовая-Кудринская, д. 9
СИСТЕМА ФЕДЕРАЛЬНЫХ ОРГАНОВ ИСПОЛНИТЕЛЬНОЙ ВЛАСТИ В РОССИИ
Аннотация. В статье исследуется система органов исполнительной власти России на федеральном уровне в современный период, охарактеризованы элементы такой системы, показана их взаимосвязь. Федеральные органы исполнительной власти рассматриваются с точки
N. N. BAKUROVA,
Associate Professor of the department of Administrative law and process of the Kutafin Moscow State Law University (MSAL), Candidate of Legal Sciences natalyabakurova@ yandex.ru; [email protected] 125993, Russia, Moscow, ul. Sadovaya-Kudrinskaya, 9
© Н. Н. Бакурова, 2019
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"М имени O.E. Кугафина (МГЮА)
зрения организационного, функционального и содержательного критериев, исходя из доктрины отечественного административного права и процесса. Автором дается характеристика системы органов исполнительной власти федерального уровня в целом, а также отдельных элементов указанной системы с учетом выстроенной на основе нового законодательства структуры федеральных органов исполнительной власти, входящих в нее федеральных министерств, федеральных служб и федеральных агентств, показана роль Президента РФ и Правительства РФ, осуществляющих общее руководство деятельностью рассматриваемых органов в зависимости от сферы государственного управления — административно-политической, экономической и социально-культурной. Делается акцент на важности сочетания указанных критериев при характеристике системы федеральных органов исполнительной власти с учетом ее целостности. Ключевые слова: система, структура, федеральные органы исполнительной власти, федеральное министерство, федеральная служба, федеральное агентство, функции.
The system of federal executive bodies in Russia is part of a single system of state bodies and bodies of executive power of the Russian Federation alongside the system of bodies of executive power of the subjects of the Russian Federation.
The Government of the Russian Federation heads the single system of executive power of Russia and plays a part of its own in the activities of federal bodies of executive power.
Item d of Article 71 of the Constitution of the Russian Federation provides that the system of federal executive bodies, the rules of their organization, activities and formation fall within the jurisdiction of the RF, which enables the President of the Russian Federation to establish the system of federal executive bodies by issuing decrees or executive orders.
The current system of federal bodies of executive power in Russia is established by the Decree of the President of the Russian Federation No. 314 of March 9, 2004 «On the System and Structure of Federal Bodies of Executive Power». This decree identified the guidelines for implementation of state policy at the initial stage of the administrative reform, determined the essential terms and concepts and redefined the activities of federal bodies of executive power as compared with the prior period. Unlike the previous system, which included 8 types of bodies, the system introduced by the 2004 presidential decree and existing up to the present time comprises three types of executive bodies (a three-tiered system), namely federal ministers, federal services and federal agencies. For the purposes of discussion, federal executive bodies may roughly be divided into two parts: general management of one of which is conducted by the RF President1, while the other part is managed by the Chairman of
1 The Decree of the President of the Russian Federation of March 9, 2004 No. 314 «About system and structure of Federal Executive authorities» // Sobranie zakonodatel'stva Rossijskoj Federacii [Assembly of the legislation of the Russian Federation]. 2004. № 11. Art. 945.
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УНИВЕРСИТЕТА The System of Federal Bodies имени о.Е.кугафина(мгюА) of Executive Power in Russi
the Russian Federation. It is stated that the functions of the federal executive body the governance of which is carried out by the President are determined by a presidential decree, whereas the functions of the federal executive body which operates under general management of the Government of the Russian Federation are specified by decisions or regulatory acts issued by the Government of the RF.
It follows that the President of the Russian Federation exercises the general direction of the activities of federal bodies engaged in the administrative and political area, such as: The Ministry of Defence, the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Civil Defence, Emergencies and Disaster Relief, the Ministry of Foreign Affairs, the Federal Security Service, the Federal National Guard Service and others2.
Presidential decrees specify the status of each federal body in the area mentioned above.
The Government of the Russian Federation oversees and manages the activities of federal bodies concerned with economic, social and cultural areas, among them the Ministry of Economic Development, the Ministry of Finance, the Ministry of Digital Development, Communications and Mass Media, the Ministry of Transport, the Ministry of Sport, the Ministry of Culture, the Ministry of Science and Higher Education, the Ministry of Education and a number of other ministries.
Decisions or regulatory acts issued by the Government of the Russian Federation set out the status of federal executive bodies in the designated areas and specify their powers and the rules of their organization and activities.
The President of the Russian Federation on the proposal of the Chairman of the Government appoints federal ministers, who make up the Government of the RF. Directors and heads of federal services and federal agencies pertaining to the administrative and political area are likewise appointed by the President of the RF. (For example, the Director of the Federal Security Service, the Head of the Federal p
Archival Agency, to name just a few). ^
The Chairman of the Government of the RF appoints deputy ministers of a federal ministry, directors and heads of federal services and federal agencies related to economic, social and cultural fields. (For example, heads of the Federal Taxation Service, the Federal Anti-Monopoly Service, the Federal Agency for Tourism, the □
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Federal Service for Supervision in Education and Science respectively).
Federal ministries, federal services and federal agencies vary depending on the functions vested in them.
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2 See, eg.: Бакурова Н. Н. Государственное управление в административно-политической сфере : учебное пособие для магистров. М. : Проспект, 2018. 176 с. [Bakurova N. N. О ^ Public administration in the administrative and political sphere : Textbook for undergraduates.
Moscow : Publ. Prospect, 2018. 176 p.]. ВЛАСТИ
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special functions with regard to national defence, national security, protection and guarding of the State border, crime control and public security; — a federal agency is a federal executive body exercising the functions related to the provision of public services, management of state property and enforcement functions in the sphere of activity prescribed by law.
From what has been said above it follows that for instance, the Ministry of Transport is responsible for elaborating government policy and normative legal acts in the relevant area. Subject to the ministerial Rules and Regulations it is entitled to draft federal legislation and to issue subordinate acts on transport safety matters. Control and supervision over observance of the relevant legislation are exercised by the Federal Service for Supervision of Transport reporting to the said Ministry. The Federal Agency for Air Transport, the Federal Agency for Rail Transport, the Federal Agency for Sea and Inland Water Transport and the Federal Road Agency are responsible for managing state property, rendering public services and law enforcement in the designated scope of activity.
The Ministry of Healthcare is responsible for drafting and implementing government policy and normative legal acts in the field of healthcare, while the Federal Service for Supervision of Healthcare reporting to the Ministry is in charge of control and oversight of execution of legislation pertaining to the area.
All the same, it is worth mentioning that there exist some federal services and agencies which do not report to any ministry. In this case, apart from the responsibilities proper to their status, they usually operate as ministries, draft state policy and issue subordinate normative legal acts in the relevant area. The Federal Service for the Oversight of Consumer Protection and Welfare, as well as the Federal Anti-Monopoly Service may serve as an example of such type of federal executive bodies.
There are cases, however, when a certain ministry does not have any federal services or agencies subordinate to it. If this is the case the ministry, as a rule, performs the functions proper to the latter.
A case in point is the Ministry of Internal Affairs of the Russian Federation, which in addition to its statutory responsibilities for drafting and implementing government policy and legal regulation, exercises control and supervision in the established areas, including control over the turnover of narcotics, psychotropic substances and precursors, migration control and law enforcement.
While discussing the systems of federal bodies of executive power in Russia one cannot but mention their structure, which may be characterized as dynamic and constantly improving.
On the basis of the construction of Article 112.1 by the Constitutional Court of the Russian Federation the concept «the system of federal bodies of executive power» comprises the concept «the structure of federal bodies of executive power», which includes the list of specific bodies responsible for the exercise of tasks and powers assigned to them by the Government of the Russian Federation.
The Chairman of the Russian Federation submits to the President the proposals on the structure of federal bodies of executive power not later than a week after his appointment, after which the President of the Russian Federation approves it by decree. From 2004 to 2018 the structure of the federal executive bodies has been set out 4 times. The present structure of the federal executive bodies of power is approved and
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signed into law by the presidential executive order of May 15, 2018 «On the Structure of the Federal Executive Bodies of Powers»3.
In keeping with this executive order the Chairman of the Government of the Russian Federation has 10 deputies, including one First Deputy Chairman — the Minister of Finance, one Deputy Chairman — Presidential Plenipotentiary Envoy to the Far Eastern Federal District and one Deputy Chairman — the Chief of Staff of the Government Executive Office.
As can be seen from above the existing system of federal executive bodies of power makes provision for the separation of functions and powers of a federal ministry and other federal executive bodies of power within the established frame of reference. The rules and procedure for organization of activities of federal bodies of executive power ensuring the exercise of their functions and powers and cooperation of federal ministries and federal services and agencies reporting to them are set out in regulations. The Model Regulation providing for cooperation of federal executive bodies of power is approved by the Decision of the Government of the Russian Federation No. 30 of January 19, 2005.
The structure of federal bodies of executive power consists of three blocks. The first block comprises the federal ministries, the federal services and the federal agencies which are directed by the President of the Russian Federation, as well as the federal services and the federal agencies reporting to the said ministries.
The second block includes the federal ministries which are managed by the Government of the Russian Federation, the federal services and federal agencies reporting to these ministries.
The Government takes charge of the above-mentioned federal services and the federal agencies via the federal ministries to which they report.
The third block is composed of the federal services and the federal agencies which ^
operate under the direct control and supervision of the Government of the RF4. p
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enforcement authorities» ; Decree of the President of the Russian Federation of 15.05.2018 □□
№ 215 «On the structure of Federal Executive bodies» // Sobranie zakonodatel'stva Rossijskoj ^ m
Federacii [Assembly of the legislation of the Russian Federation]. 2018. № 21. Art. 2981. C B
4 Bakurova N. N. Enforcement proceedings as an object of state control. Administrative law and ° H
procedure. Moscow. 2016. No. 8. P. 50—55. Zavertkina E. V., Kurakin A. V., Karpukhin D. V. ÜK
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Problems of differentiation of functions of Federal Executive bodies as a result of administrative
reform // Modern law. 2018. № 1. P. 17—22. Starilov Yu. N. The appropriateness or legality: ¡¡¡s
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what is the criteria for better practice of forming the system of Federal bodies of Executive
power? // Administrative law and procedure. 2017. № 3. P. 24—32. Turovskaya V. A. On some О ^
problems of building an effective system of Federal Executive bodies for supervision and ^Ы
control // State power and local self-government. 2017. № 2. P. 34—38. ВЛАСТИ
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charge of national defence (the Federal Service for Military-Technical Cooperation, the Federal Service for Technical and Export Control) which report to the Ministry of Defence.
REFERENCES
1. Бакурова Н. Н. Государственное управление в административно-политической сфере : учебное пособие для магистров. М. : Проспект, 2018. 176 с. [Bakurova N. N. Public administration in the administrative and political sphere : Textbook for undergraduates. Moscow : Publ. Prospect, 2018. 176 p.].
2. Bakurova N. N. Enforcement proceedings as an object of state control. Administrative law and procedure. Moscow, 2016. No. 8. P. 50—55.
3. Zavertkina E. V., Kurakin A. V., Karpukhin D. V. Problems of differentiation of functions of Federal Executive bodies as a result of administrative reform // Modern law. 2018. № 1. P. 17—22.
4. Starilov Yu. N. The appropriateness or legality: what is the criteria for better practice of forming the system of Federal bodies of Executive power? // Administrative law and procedure. 2017. № 3. P. 24—32.
5. Turovskaya V. A. On some problems of building an effective system of Federal Executive bodies for supervision and control // State power and local self-government. 2017. № 2. P. 34—38.
