Government documents. Decisions of the Government of the Russian Federation and federal departmental acts. Depending on the nature of the authority of the president

In the system of sources of modern russian law Along with the laws and decrees of the President of the Russian Federation, a significant place occupy decisions of the Government of the Russian Federation. Together with another form of legal acts emanating from the government called "Order", the rulings are published on the "basis and in accordance with the Constitution Russian Federation, federal laws and regulatory decrees of the President of the Russian Federation "(Art. 115 of the Constitution of the Russian Federation). These acts form legal basis The rules of the Government of the Russian Federation, which is complemented by a special federal constitutional law of December 17

1997 No. 2-FKZ "On the Government of the Russian Federation" and the Rules of the Government of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 1, 2004 No. 260.

In accordance with Art. 23 of the Federal Constitutional Law "On the Government of the Russian Federation" and with the Rules of the Government of the Russian Federation, the resolution of this executive and administrative body contains the norms of general and mandatory nature, calculated on the multipleness of use and on an indefinite circle of persons. By virtue of this, they constantly replenish the regulatory and legal array of the Russian Federation and consistently act as sources of Russian law.

In contrast to them order Governments, not possessing the qualities of regulativity and generalization and being published on a specific case, in relation to specific bodies or individuals and calculated on a single application, act as individual acts and in accordance with the established submission of the right and attributes are not sources of law. In nature and content they act as acts operational management and, accordingly, as acts of law enforcement

The legal force of government decrees, their place and role among other sources of Russian law are due to the place and the role of this authority in state mechanism Russia.

In the formal legal, and partly in the actual plan, despite the dominance in the system of separation of the Russian authorities of the Presidential, executive and administrative in nature, the authorities, the government nevertheless acts as relatively independent, which performs mainly the function of the operational management of the institute.

The Government of the Russian Federation as a body of everyday and largely centralized country management has very wide and varied powersimplementing which, it takes appropriate acts. In general, the most important of these powers are enshrined in the Constitution of the Russian Federation. In more detailed form, the powers of the Government of the Russian Federation are presented in the Federal Constitutional Law "On the Government of the Russian Federation". They concern actually all areas of society, the activities of the state and the government itself. According to the Constitution, the main activities of the Government of the Russian Federation are determined by the Prime Minister, who also organizes all its work.

The constitutionally enshrined powers of the Government of the Russian Federation are: a) in the development and submission to the State Duma of the federal budget and ensuring its execution; b) representing the lower chamber of the Russian parliament of the report on the execution of the federal budget; c) ensuring a single financial, credit and monetary policy in the Russian Federation; d) management federal property; e) ensuring in Russia a single public Policy in the field of culture, science, education, health care, social security and ecology; (e) Implementation of measures to ensure the defense of the country, state securityas well as implementation foreign Policy Russia; g) implementing measures to ensure the legality, rights and freedoms of citizens, the protection of property and public order, combat crime.

In addition, the Constitution provides that the Government of the Russian Federation is implementing "and other powers" assigned to him by the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation (paragraph 1 of Art. 114).

The majority of powers assigned to the Government of the Russian Federation are carried out by him directly as a collegial body. However, this does not exclude the possibility of transmission (delegation) of their individual powers or their separate parts sectoral federal bodies executive power - ministries and departments, as well as the executive authorities of the constituent entities of the Russian Federation.

The delegation of government powers is usually temporary and does not concern its exceptional powers. It should not contradict the Constitution of the Russian Federation and others legislative acts. Delegation of authority also means the transfer of the right to publication of acts of law.

Exercising their powers, the Russian government operates in close connection with others government agencies: With the Federal Assembly, in the wards of which it has its own representation; President of the Russian Federation, the decrees of which are mandatory for him; judicial authorities, in particular Constitutional Courtin which there is a representative of the government.

Government activities are carried out in various forms: in the form of realization of the right legislative initiative; Reviews and official government conclusions on various bills, especially those that are financially in nature; discussion and decision-making on various issues;

direct leadership, coordination and control over the activities of ministries and departments, etc.

All the most important issues of state and public LifeRelated to the competence of the government are discussed and solved collegially at government meetings. This, in particular, issues relating to the federal budget; creation and abolition of free economic zones; Privatization programs of federal state ownership; Conclusions international treaties The Russian Federation to be ratified; and many others.

According to all the issues under consideration, the government accepts the relevant legal acts in the form of decisions and orders.

Based constitutional statusAccording to which the "Executive Power of the Russian Federation exercises the Government of the Russian Federation" (paragraph 1 of Art. 110 of the Constitution of the Russian Federation) could conclude that this state authority covers the central place and plays a leading role in unified system The executive authorities in Russia formed, as enshrined in the Constitution, "within the limits of the management of the Russian Federation on the subjects of joint management of the Russian Federation and the constituent entities of the Russian Federation" by the executive authorities of the Federation and the executive authorities of the constituent entities of the Russian Federation (paragraph 2 of Art. 77 of the Constitution of the Russian Federation) .

Accordingly, it would be assumed that government decisions, taking into account the data of constitutional provisions, occupy the highest place in the hierarchical system and play a leading role.

From a formal legal point of view, such a statement of the issue is undoubtedly quite correct and cannot cause any objections. However, in a practical plan, everything is right away.

The fact is that in the executive system, as well as in the entire system of separation of the authorities, the presidential structure is dominated and, accordingly, the presidential executive and administrative power. And although some authors do not share this opinion in everything and do not believe that the Presidential Institute can unconditionally attributed to the executive bodies, and its decrees - to byad acts , However real lifePractice testifies to the opposite.

Analysis of the practical, including the law-conducting, activities of the institute of the presidency, as well as the nature and nature of its functions, allows us to conclude that the presidential power is as provided for by the Constitution of the Russian Federation, it has the same common signs as the executive. These are primarily due to such signs that are connected mainly to the law enforcement nature, due to the fulfillment of the requirements of laws relating to the regulatory impact on the economic, political, social and other processes occurring in society. Along with this, the facts of direct submission to the President of the Russian Federation of the so-called force ministries and departments, as well as the Ministry of Foreign Affairs of the Russian Federation are taken into account.

Possessing common signs of the executive, the presidential power in practical terms acts as its central link, and it is in such a capacity that it agrees with all other branches state power.

Among other things, this means that in the system of regulatory acts emanating from the executive authorities, the leading role is played not by the decisions of the government, which is the official, constitutionally enshrined carrier of the executive power, but the presidential decrees.

It is they who occupy the highest step in the system of sub-law actors published by the executive and administrative bodies, and it is they who possess the highest legal force In relation to all other by-laws.

As for the decisions of the government, in the hierarchy of the regulatory acts, they in their legal strength and meaning occupy only the following, the second stage after the presidential decrees.

Firstly, this means that government decisions are issued not only "on the basis of and pursuing" the constitutions of the Russian Federation and federal laws, but on the basis of the presidential decrees.

This provision is fixed both in the Constitution of the Russian Federation and in the current legislation. For example, in Family Code The Russian Federation states that "The Government of the Russian Federation has the right to take regulatory legal acts in cases directly provided for by this Code, other laws, decisions of the President of the Russian Federation ... On the basis of and pursuing" not only this Code and other laws, but also the decrees of the President of the Russian Federation (paragraph 3 of Art. 3).

Secondly, this means that government decisions issued "on the basis of and pursuant to" the presidential decrees, the Constitution and the Laws of the Russian Federation should not contradict these regulatory legal acts.

Such a situation follows not only from the logic of the interpretation of the constitutional prescription - to issue the rules of the government "on the basis of and pursuing" the Constitution, constitutional laws and decrees, but also from direct regulations of a number of ordinary laws. As an example, you can refer to Labor Code RF, which indicates that "Decisions of the Government of the Russian Federation, containing norms labor law, should not contradict this Code, other federal laws and decrees of the President of the Russian Federation "(Art. 5).

By revising legal Nature Decisions of the government and the nature of their relations with the laws and decisions of the President, some authors emphasize special attention to the need for a clearer difference between the adoption of the government's decision on the basis of the Constitution, laws and presidential decrees, on the one hand, and the adoption of their "pursuant" data of the regulatory legal acts - on the other. The first is interpreted as the prevention of contradictions between government decrees, the Constitution, laws and decisions of the President, and the second - as the publication of the government's decisions to fulfill the prescriptions that are contained in current laws and decrees.

There is no doubt about the need and certain importance of the differences between government decrees adopted "pursuant" and "on the basis of" the Constitution of the Russian Federation, ordinary laws and presidential decrees.

But even more necessary, the differences between the subjects of regulation of the regulatory legal acts under consideration, a clearer definition, which questions and relationships can be solved and settled only with the help of laws and decrees, And which only through government decrees.

After all, the constitutional independence and active role of the government, as fairly noted in the special literature, is primarily expressed in the fact that "the main part of the acts it issues as a general competence body is not in the form of execution of the legislator or head of state, but within its constitutional powers."

And thirdly, finding government decrees in the hierarchy of regulatory legal acts at a lower level compared with the laws and decrees means that in the event of a collision between the government's decree and one of these acts, priority will invariably be on the side of the latter - law or declaration.

This is provided for, on the one hand, the Constitution of the Russian Federation, according to which, "Decisions and Orders of the Government of the Russian Federation, in case of their contradictions of the Constitution of the Russian Federation, federal laws and decions of the President of the Russian Federation may be canceled by the President of the Russian Federation" (Part 3 of Art. 115), On the other hand, the Federal Constitutional Law "On the Government of the Russian Federation" (Art. 23).

It should be noted that the powers of the president on the abolition of the rulings and orders of the government, despite their legislative consolidation, or rather, the feasibility of these powers, some authors are questioned. The reason for this is that, in the opinion of the authors, these powers are usually evaluated on the basis of too broad interpretation of the status of the president as a guarantor of the Constitution. More appropriate and legally justified from the point of view of the constitutional status of the government would, scientists believe that in cases where it comes to the constitutionality of government's regulatory acts, such a cancellation "was carried out on the basis of decisions of the Constitutional Court of the Russian Federation."

Speaking about the subtitle nature of the decisions of the government and their place in the hierarchy of acts emanating from the executive and administrative bodies, at a lower stage compared to the presidential decrees, you should need to pay attention to the fact that government decisions are acts of very significant, relatively independent constitutional authority Countries whose role cannot be understood.

It should be borne in mind, as it is rightly stated in legal literature that the decisions of the Government of the Russian Federation, as well as its orders, "act as a rule of law in the field of direct regulation of administrative and legal relations, the formation and development of the entire array of departmental acts in the field of life of citizens."

Being one of the most important regulatory legal acts, government decisions possess such identifying signs and features as: a) the direct connection of the norms contained in them with the norms of decrees, and often laws; b) the presence of a species nature of the norms compared with the generic character of the norms of laws, and in part and decrees; c) specifying and developing these rules along with norms due to the independent constitutional legal status of the government; d) reflection in the resolutions of the intersectoral, multidisciplinary nature of the government; e) the general binding nature of a number of government decisions not only for subjects of administrative and legal relations, but also for other citizens and legal entities.

In addition to these signs, the scientific literature indicates both those characteristic of government acts features as "the highest measure of regulativity in the executive system"; the action of these common acts throughout the territory of the Russian Federation; "The pair existence of acts-decisions, approving the provisions and other privaturative documents", etc.

At the same time, essential and informative signs of government decisions are complemented and purely formal technical and legal signs relating to, in particular, more simplified compared to the laws. the procedure for adopting, publishing and implementing government decrees.

This procedure is established and maintained with the help of such legally significant acts, as a decree of the President of the Russian Federation of November 24, 1995 No. 1178 "On measures to ensure openness and the public accessibility of regulatory acts", Decree of the President of the Russian Federation of May 23, 1996 No. 763, government regulations Russian Federation.

Government decisions are signed only by the Chairman of the Government and published in " Russian newspaper"And the" parliamentary newspaper ", which are official publications of the government. The rulings and orders of the government are also officially published in the "meeting of the legislation of the Russian Federation" (Section IV), which is published in accordance with the Federal Law of June 14, 1994 No. 5-FZ "On the procedure for publishing and entering into force of federal constitutional laws, federal laws, acts of chambers Federal Assembly».

In cases of urgent need to publish the acts of the government can be carried out with radio, television and other means mass media.

The publication of government acts in accordance with the current legislation should take place within a period not exceeding 10 days from the date of their signing. The period of time between the adoption of the government's act and its signing should not exceed five days.

By general rule Decisions and orders of government come into force depending on the nature of the act and its content immediately after their adoption, signing or official publication. The exclusion is acts that contain confidential information or the information constituting state secret. The procedure for the entry into force of these acts, as well as the procedure for their publication, is established current legislation.

According to the laws of the acts of government affecting the rights, freedoms and responsibilities of a person and a citizen, take effect only after their publication. This kind of acts are subject to mandatory registration.

In accordance with the current legislation, the Russian government quarterly submits to the President of the Russian Federation all information about the regulatory acts adopted during this period.

Along with the government's decisions, important among sources of modern Russian law has federal departmental acts.

The general name "departmental acts", introduced into scientific turnover by specialists in the field of administrative and some other branches of law, implies such acts as orders of ministers, instructions, provisions, explanations on the procedure for the application of a provision in the field of activity of various ministries, instructive letters, sent to subordinate bodies, such as the Ministry of Finance of the Russian Federation, the Federal tax Service, and other things like these acts.

Such acts are issued on the basis of the Federal Constitutional Law "On the Government of the Russian Federation", which provides for the publication of this kind of acts, as well as on the basis of the provisions on ministries and other federal executive bodies.

The federal authorities authorized to publish regulatory departmental acts are formed on the basis of and pursuant to paragraph 1 of Art. 112 of the Constitution of the Russian Federation, providing that "The Chairman of the Government of the Russian Federation no later than the week after the appointment submits to the President of the Russian Federation proposals on the structure federal organs executive power". The structure of these executive and administrative bodies and their list are approved by the President.

Common features of these bodies, largely due to the community of the acts issued by them are: a) their belonging to the central executive authorities and activities within their competence on the scale of the territory of the Russian Federation; b) the work of the majority of these bodies under the direct leadership of the Government of the Russian Federation; c) the activities of various ministries and departments in the framework of not only relevant laws, but also the provisions that are approved by the president or on his instructions to the government; d) the relative independence of ministries and departments in relationships with the relevant authorities of the various branches of government, the government, single-profile lower organs, etc.

The departmental acts published by these bodies certainly have only a consequence; published in accordance not only with the laws, but also with the decrees of the President and the acts of the government; Can be canceled or suspended in their action by the government.

All acts of federal executive bodies that relate to the rights, freedoms or duties of a person and a citizen have an interdepartmental character or define legal status public associations are subject to mandatory state registration In the Ministry of Justice of the Russian Federation, and then publishing.

This procedure for the introduction of this kind of departmental acts is fixed not only in ordinary legislative Acts, but also constitutionally. Article 15 (paragraph 3) of the Constitution of the Russian Federation in this connection establishes that "any regulatory legal acts affecting the rights, freedoms and obligations of a person and a citizen cannot be applied if they are not officially published for universal information."

Read more about this: General Theory States and rights: Academ. Course: at 3 t. / answer ed. M. N. Marchenko. 2nd ed. M., 2001. T. 2. P. 244.

• Theoretical foundations of the constitutional law of the Russian Federation
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Acts of the Russian government

The Government of the Russian Federation implements its powers through relevant acts, which are accepted and issued on the basis of and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws and regulations of the President of the Russian Federation. Government acts are mandatory for execution throughout the Russian Federation. There are two forms of acts of the Government of the Russian Federation. (1) decisions that are regulatory nature; (2) orders - on operational and other current issues that are not regulatory.

According to the provision on the preparation of government decisions and orders, projects of these acts can be entered into the government of the Russian Federation by its members, heads of federal executive bodies, heads of the executive authorities, regions, autonomous formations, cities of federal significance. Offers coming from citizens, organizations and enterprises on making government decisions are sent to preliminary consideration by the specified executive authorities.

The projects of acts that are entered into the Government of the Russian Federation, an explanatory note is attached, containing substantiations and forecasts of the expected socio-economic and other consequences of their implementation. Such projects are subject to compulsory approval with interested bodies of representative and executive bodies, state, public and other organizations. Projects of acts that are regulatory in nature should be coordinated with the Ministry of Justice of the Russian Federation; If proposals are made to the Government of the Russian Federation requiring the adoption of the federal law or decision of the President of the Russian Federation, then projects of the respective acts and required documents to them.

The President of the Russian Federation determines the procedure for the entry into force of government acts that are subject to mandatory official publication (With the exception of acts or individual provisions containing information that make up state secrecy or hostility) no later than 15 days from the date of their adoption. The official publication is the publication of their texts in the Russian Gazette and the "Meeting of the Legislation of the Russian Federation". If you need an urgent wide promulgation of these acts, they are brought to universal information through the media immediately. Decisions of the Government of the Russian Federation, affecting the rights, freedoms and obligations of a person and a citizen, enter into force of their official publication, and the rest - from the date of signing, if the decision itself does not provide for a different procedure for entering into force.

The acts of the Russian government can be appealed in court. Decisions and orders of the Government of the Russian Federation, contrary to the Constitution of the Russian Federation, federal constitutional laws, federal laws and regulations of the president, may be canceled by the head of state.

Currently, there is a rather complicated system of executive in the Russian Federation. However, one must not forget that it is primarily a state-owned subsystem, its branch in a single organizational and legal mechanism state organization societies and their work. This subsystem has a specific structure that includes levels (the structure of the hierarchical vertical), links (single-level formation of homogeneous organs), types and forms.

Government of the Russian Federation, actually being higher organ The executive authority, is intended to ensure the coordinated functioning of all structural units of the executive system, because from this, given the mobility of its actions, subordination and subordination of its vertical bodies, the rate of socio-economic transformations and our movement forward dependent.

The most important role of the government as the highest executive body of state power in the Russian Federation is to organize the implementation of the Constitution of the country, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, the international treaties of Russia, the implementation of systematic control over their implementation by federal executive authorities of the constituent entities of the Russian Federation, in adoption measures to eliminate violations of federal legislation. In other words, the Government of the Russian Federation in particular and the executive government as a whole ensures compliance with the rule of law in the state.

The Government of Russia is also entrusted with a serious burden of decision of pressing issues: budget planning, tax collection issues, timely payment wages, benefits and pensions and many other vital issues for the country. From how effective the actions of the government to solve these problems depends on the well-being of the population.

Regulatory acts of the President of the Russian Federation and the Government of the Russian Federation are one of the types of regulatory regulations.

Regulations - These are issued on the basis of and pursuant to the laws of acts containing legal norms.

Summer acts have less legal strength than laws based on them. Despite the fact that in the regulatory legal regulation public relations the main thing and the law is occupied by the law, the regulations also have essential value in the life of any society playing auxiliary and detailed role.

Types of regulations

1. decisions of the Government of the Russian Federation;
2. orders, instructions, charters, the provisions of ministries, departments, state Committees;
3. decisions and decisions local organs state power (for example, regional representative, legislative structures);
4. decisions, orders, decisions of local authorities government controlled (for example, regional heads of administrations, governors, etc.);
5. regulatory acts of municipal (non-state) bodies;
6. local regulations.

Regulations of the President of the Russian Federation

The regulatory acts of the President of the Russian Federation include:

1. 1. decrees;
   2. order.

Decrees of the President of the Russian Federation

Decrees of the President of the Russian Federation are obligatory for execution throughout the Russian Federation, should not contradict the Constitution of the Russian Federation and federal laws, prepared within the presidential powers provided for by the constitutional (Article 90 of the Constitution of the Russian Federation) and legislative standards. From here it follows that the decrees and orders of the President refer to the number of registered acts, that is, they can be abolished by law.

The president, being the head of state, takes acts that occupy the next place after the laws. An important role is to be declared. Thanks to them, the head of state implements the powers and elements of its legal status.

The originality of decrees and orders of the President of the Russian Federation is associated with its competence. They cannot contradict federal laws, but are a priority in relation to other regulatory acts.

In the modern period, the sphere of legal regulation, covered by decrees, is very wide. Regulatory decrees are usually published in the case of spaces in. Separate, very small decrees (for example, the introduction of a military, emergency) are subject to approval of the Russian Federation. The acts of the president are published in official publications. The constitutionality of acts of the head of state can be tested by the Constitutional Court of the Russian Federation.

The annual Messages of the President of the Russian Federation federal assembly are official document Large political significance, but do not contain the norms of law and therefore do not bear a regulatory nature.

Types of presidential decrees:

1) depending on the nature of the president's authority:

• • decrees within the boundaries of their own powers;
  • decrees based on the authority delegated by Parliament;
  • decrees subject to approval by the Federation Council (on the introduction of a military situation, a state of emergency, the submission of the appointment of the judges of the Constitutional Court, the Supreme Court, the Supreme Arbitration Court, the Prosecutor General).

2) on legal significance:

• • regulatory (contain and regulate the diverse spheres of social life, have a general one);
  • environmental law enforcement (carrying individually and is accepted on specific management issues - on appointing a position, assigning title, etc.).

Orders of the President of the Russian Federation

The presidential orders are also regulated and are accepted on operational issues of public administration (the creation of working commissions, the allocation of funds from the Reserve Fund, etc.). Their difference from abnormative decrees is somewhat conditionally and can be considered (analyzed) in relation to each specific case.

The presidents of the republics that are part of the Russian Federation also publish legal acts in the form of decrees and orders.

Regulatory acts of the Government of the Russian Federation

In accordance with the current legislation, the Government of the Russian Federation for the implementation of its authority to manage society accepts:

• • rulings;
  • order.

A feature of the government's acts is that they can be accepted on the basis and often to fulfill the laws of the Russian Federation, as well as decrees of the President of the Russian Federation.

Decisions of the Government of the Russian Federation It is collegially accepted, as a rule, normative and communicatively to execution in the Russian Federation are signed by the Chairman of the Government of the Russian Federation and are subject to official publication.

Order of the Government of the Russian FederationAs a type of law enforcement acts, accepted and signed by the chairman or deputy chairman of the government on the basis of uniqueness and addressed, as a rule, a narrow circle of performers.

Regulatory acts of the Government of the Russian Federation can be divided into

• • acts issued in pursuance of the Constitution, federal laws and regulations of the president and
  • acts on their own competence.

The specificity of the coordinating, government management activities affects the content and array of adopted acts.

The acts taken by the Government:

1. 1. promptly regulate relations in various sectors of public and public life;
   2. establish legal guidelines for the activities of all organs, enterprises and institutions;
   3. enter regulatory framework To publish other legal acts.

Publication and entry into force of regulatory acts of the President and the Government of the Russian Federation

The acts of the President of the Russian Federation and the acts of the Government of the Russian Federation are subject to official publication in the Russian Gazette and the meeting of the legislation of the Russian Federation within ten days after the day of their signing.

The officials of the acts of the President of the Russian Federation and the acts of the Government of the Russian Federation, distributed in a computer-readable formation of the system of legal information "System", are also official.

The acts of the President of the Russian Federation, having a regulatory nature, enter into force simultaneously throughout the Russian Federation after 7 days after the day of their first official publication.

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  • Basic constitutional starts of the social device
• Security human dignity - The main goal of constitutional legal regulation
  • The advantage of a person in the context of modern russian history
  • Dignity of man in retrospective philosophical and legal thought
  • The dignity of a person in the domestic political and legal thought
  • Integralness and legal properties of dignity as subjective right man
• Constitutional position of man and citizen: concept, design, content
  • Legal and constitutional position of man and citizen
  • Legal construction and content of the constitutional position of man and citizen
  • Constitutional rights, freedom, person responsibilities and citizen
  • Terms of implementation of constitutional rights and freedoms of man and citizen
  • Legal guarantees of constitutional rights and freedoms
  • Principles of the constitutional position of man and citizen
• Citizenship relationship
  • Concept russian citizenship
  • Principles of citizenship
  • Recognition of citizenship
  • Acquisition of citizenship
  • Termination of citizenship
• Constitutional status of foreign citizens, individuals without citizenship, refugees, forced migrants
  • Foreign citizens, stateless persons
  • Refugees and Forced Migrants
• The right of citizens to union
  • The right to union
  • Non-state organizations
  • Non-commercial organizations
  • Public associations
  • Methods of institution, reorganization and termination of public associations
  • Political parties
• Freedom of conscience, religion
  • Freedom of conscience, religion and confessional public law
  • Religious associations: concept and types
  • Methods of institution, reorganization and termination of religious associations
• Freedom of thought and words
  • Freedom of thought and words: concept and content
  • Constitutional legal regime
  • Legal status mass media
• Right of citizens at meetings, rallies, processions, demonstrations, picketing
  • General characteristics of citizens' right to meetings, rallies, processions, demonstrations, picketing
  • Forms of the implementation of the right of citizens to public events
  • Implementation of citizens' right to public events
• Constitutional legal status of national minorities in the Russian Federation
  • National minorities in Russia
  • International legal framework for national minority status
  • Protection of national minorities in Russian law
• Theory state Device
  • The concept of government
  • Unitary states I. unitary states with legislation and territorial autonomies
  • Federation: Concept, types
• Legal Nature of the Russian Federation
  • Russian Federation - Sovereign - Federal State
  • Formation of the Federation in Russia and its features
• Constitutional and legal status of constituent entities of the Russian Federation
  • Evolution of the status of constituent entities of the Russian Federation
  • Signs of subjects of the Russian Federation
  • Features separate species Subjects of the Russian Federation
  • Classification of constituent entities of the Russian Federation
  • Changes in the composition of the constituent entities of the Russian Federation
• Administrative and territorial device of constituent entities of the Russian Federation
  • The concept of an administrative-territorial device
  • Formation and legal regulation of the administrative and territorial device
  • Settlements. Types of administrative and territorial units
  • Administrative territorial transformations. Administrative territorial process
• System of state authorities in the Russian Federation
  • The concept of state authority
  • System of state authorities
  • Types of state authorities
• President of Russian Federation
  • The concept of the Institute of President. Presidential place in the federal system: government bodies
  • The procedure for classes of president
  • Competence of the president
  • Acts of the President
• Federal Assembly of the Russian Federation
  • From the history of Russian parliamentarism
  • Status of the Federal Assembly. The basics of his organization and composition
  • Status of a member of the Federation Council, Deputy of the State Duma
  • Institute of Insearnity Member of the Federation Council and State Duma Deputy
  • Internal organization Chambers of the Federal Assembly
  • Legal regulation of the dissolution of the State Duma
• Federal legislative process
  • Legislative competence of federal state bodies
  • Making bills to the State Duma
  • Consideration of draft laws by the State Duma
  • Consideration of laws in the Federation Council
  • Repeated consideration of laws rejected by the Federation Council
  • Repeated consideration of laws rejected by the President
• Government of the Russian Federation
  • Government of the Russian Federation - government body
  • Government of the Russian Federation in the executive system
  • The composition of the government, the procedure for its formation and termination of activities
  • Structure state posts In government
  • Competence of government
  • Legal acts of government
  • Organizational and legal forms of government activities
• Constitutional bases judicial authority In Russian federation
  • The right of citizens to judicial protection
  • Constitutional principles of organization and activities judicial bodies
  • Judicial authority system
• Constitutional bases prosecutor's supervision In Russian federation
  • Place of prosecutor's office in the system of state bodies
  • The system of the prosecutor's office
  • Principles of organization and activities of the prosecutor's office, the functions of its organs
• State authorities of the constituent entities of the Russian Federation
  • Legislative (representative) bodies of constituent entities of the Russian Federation
  • Executive authorities of the constituent entities of the Russian Federation
• Election law and electoral systems of the Russian Federation
  • The concept and value of elections, their types
  • The concept and principles of Russian electoral law
  • Electoral systems
  • Sources of Russian electoral law
  • Trends in the development of electoral law in the Russian Federation
• Election of the President of the Russian Federation and deputies of the State Duma of the Federal Assembly of the Russian Federation
  • Election of the President of the Russian Federation
  • Election of deputies of the State Duma of the Federal Assembly of the Russian Federation
• Elections in the constituent entities of the Russian Federation
  • The process of becoming regional electoral systems
  • Electoral systems of constituent entities of the Russian Federation
  • Basic I. additional guarantees electoral rights of citizens
• Referendum as a form of democracy
  • The concept of a referendum and the right of citizens to participate in the referendum
  • Subject of referendums
  • The procedure for organizing and conducting a referendum
• Constitutional legal foundations of local self-government
  • The concept and principles of local self-government
  • Legislative framework local governments
  • Territorial I. organizational basics local governments
  • Financial and Economic Basics of Local Government

Legal acts of government

In accordance with Art. 115 of the Constitution of the Russian Federation, on the basis of and pursuant to the Constitution, federal laws, regulatory decrees of the President, the government issues decrees and orders. Government acts have the following distinguishing features:

1. summary, meaning their publication on the basis of and pursuant to federal laws, detailing and concretization of certain provisions of federal laws and presidential decrees;
2. fundamentality, since they occupy the highest level in the hierarchy of acts of federal executive authorities, act as the basis for departmental regulations and acts of the executive authorities of the constituent entities of the Federation;
3. multifunctionality associated with the performance of them legal functions, including regulatory, law enforcement and relatives;
4. obligation to execute throughout the Russian Federation;
5. the provision of execution by the entire system of federal state authorities.

In the event that the Federal Law does not provide for a specific period for the adoption of a government act, this period is determined by the government and is enshrined in terms of its rule-making activities. Government acts issued performed by the 1i resident decrees. Associated not "later than a month after the entry into force of the relevant decrees, if the last one has not yet been established.

Acts of a regulatory government are issued in the form of decisions. Solutions on operational and other current issues that are not regulatory issued in the form of orders. In the practice of the publication of government acts there are orders of a regulatory and regulatory and organizational nature.

In the form of government decrees, acts are accepted that set:

• the procedure for the implementation by citizens of constitutional rights, freedoms, duties;
• rules of entrepreneurial and other economic activity;
• program and target acts providing comprehensive development certain spheres and sectors of life;
• the status of federal executive bodies, federal institutions and enterprises.

Mechanisms of individual types of public administration, including forms and procedure for implementing powerful powers officers, interactions between government agencies.

Government orders are accepted on issues:

• service-personnel related to the appointment and exemption from the post, using measures disciplinary penalties and promotions;
• entering, distributing individual functions and powers;
• organizational-structural related to the formation of various organs and organizations;
• according to financial and economic - about the allocation money, transfer of state property.

With a proposal to the Government on the development of a particular act, heads of federal state bodies, institutions and enterprises, legislative (representative) and executive bodies State power of the subjects of the Federation, citizens and organizations. According to the results of the consideration of these proposals, if they are recognized as reasonable, the chairman of the government and its deputies give orders to develop an act of the Act.

Government acts are made by government members, federal executive bodies and other bodies of state power. They are subject to compulsory approval with interested bodies and organizations. All projects of government decisions that are regulated are coordinated with the Ministry of Justice of the Russian Federation, and projects of acts involving expenses from the federal budget are coordinated with the Ministry of Finance of the Russian Federation.

It should be borne in mind that government acts are made after the necessary expertise (legal, environmental, scientific and technical). As an application, they must have an explanatory note containing calculations, justification and forecasts of the socio-economic and other consequences of their implementation.

Resolutions and orders of the government can be accepted at the government meetings or its Presidium, as well as the chairman of the government unique within its competence. The final refinement of the project of the act, including those considered at the meeting of the government and the approval, its editing before making the Government's chairman of the government is carried out.

The draft resolution or order prepared and coordinated by all services is visited by the Deputy Chairman of the Government (in accordance with the distribution of responsibilities) and is transferred to the head of the government's office for the report by the President of the Government. The head of the government's office launched the date of signing of the decision, confirming its authenticity with his visa and organizes the edition of the act in the prescribed manner.

Resolutions and orders are signed by the Chairman of the Government, and during its temporary absence - the acting chairman of the government. During the activities of the government formed in May 2000, not a single act signed by the Acting Chairman of the Government, in the meeting of the legislation of the Russian Federation was not published.

From government legal acts should be distinguished by other types of acts emanating from the government or its members and issued in the form of various management documents, such as letters, instructions, office notes, Protocols of meetings, appeal, statements.

Government decisions affecting the rights, freedoms and obligations of citizens and organizations come into force by. The expiration of seven days from the date of the first official publication, but not earlier than the official publication. Other decrees come into force from the date of their signing, including the decisions containing information that make up state secret or confidential information, or from the date indicated in the decision itself.

Government orders come into force from the date of signing, if they are not specified a different period. The date of the official publication of the government act is the date of the first publication of its text in one of the official publications of the Russian Federation. Government decisions are subject to official publication no later than 15 days from the date of adoption, and, if necessary, immediately enforcement, they are brought to universal information through the media immediately.

Government orders are subject to official publication within 10 days after signing. Government acts are officially published in the Russian Gazette and the "Meeting of the Legislation of the Russian Federation", but may be unofficially published in other print publications, as well as sent to specific performers. Control over the correctness and timeliness of their publication is carried out by the government's office.

Government acts can be canceled. President in case of their contradictions of the Constitution, federal laws and decrees of the president. For nine years, the actions of the 1993 Constitution, the president took advantage of his right to cancel government acts for no more than three times, which indicates the "reserve" nature of the specified authority, fixed not so much for the purpose of actual use as an element constitutional model Forms of the Board.

The government has the right to cancel or suspend its acts on its own initiative, if their publication has not been due to the higher legal norm.

Government decisions can be considered by the Constitutional Court of the Russian Federation for compliance with the Constitution. The rulings and orders of the government may be appealed (challenged) by citizens, organizations, state authorities of the subjects of the Federation and local governments in Supreme Court, in Higher Arbitration court In accordance with their jurisdiction in the event of non-compliance with government acts by federal laws and the decisions of the president and violation of the rights and legitimate interests of the applicant.

If the court establishes that the government's decision does not correspond to the act of greater legal force, violates the rights and legal interests The applicant, he decides on the recognition of a regulatory act in an invalid, i.e. Not subject to use from the day of the publication or from the date of entry into force of the decision of the court, the government's orders that do not meet legislation are recognized as invalid, i.e. Do not generate legal consequences Since the publication.

In the event of a court decision on the recognition of a government act inappropriate to the Constitution, inactive or invalid, it is obliged to bring its acts in line with federal legislation, and court decisions Immediately bring to the attention of executors of government acts.

Government of the Russian Federation Based on and pursuant to the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory decrees of the President of the Russian Federationpulling decisions and orders, ensures their execution.

Acts that are regulatorypublished in the form of decisions . Acts on operational and other current issues non-regulatorypublished in the form of orders Government of the Russian Federation.

The procedure for adoption of acts The Government of the Russian Federation is established by the Government of the Russian Federation in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws, regulatory affinations of the President of the Russian Federation.

Decisions and orders Government of the Russian Federation commitable to execution In Russian federation.

Decisions and orders of the Government of the Russian Federation signed by the chairman of the government Russian Federation.

The procedure for adoption

1)projects Acts entered into the government with explanatory note containing the necessary calculations, justification and forecasts of the socio-economic, financial and other consequences of the implementation of the proposed decisions.

The accompanying letter indicates the basis of the introduction, information on the content and coordination of the project. The letter is signed by a member of the government or other supervisor. The project of the act visits the person who makes the project.

In the event that the actual act entails the need to make changes to other acts, these changes are included in the project of the prepared act or are submitted simultaneously with it in the form of a separate act.

2) government acts projects on the subjects of joint The Russian Federation and the constituent entities of the Russian Federation, as well as on the implementation by the state authorities of the constituent entities of the Russian Federation, authority on subjects of reference of the Russian Federation are sent by performers to the state authorities of the constituent entities of the Russian Federation before making them to the government. The proposals of the state authorities of the constituent entities of the Russian Federation on such projects are subject to compulsory consideration in the government.

3) Projects Acts Governments before their introduction to the government subject to compulsory agreement:

- with federal ministers (their deputies) - on issues related to the areas of the activities of the relevant ministries and to the areas of activity in their jurisdiction of other federal executive bodies;

- with the heads of other federal executive bodies (their deputies), the management of whose activities is carried out by the President of the Russian Federation or the Government - on issues related to the areas of the activities of these bodies;

- if necessary, with others government agencies and other organizations.

4)With disagreement According to the project of the act of government contributor member Government or other head must ensure a discussion His leaders of the approval authorities and organizations in order to search for a mutually acceptable solution. The draft Act of the Government may be submitted to the government with disagreements only with the protocol of the conciliation meeting and the originals of the comments signed by the relevant managers who have disagreements. Remarks on unresolved disagreements submitted to the government cannot be signed by deputy relevant leaders.

5) Projects of Government Decree after their agreement before making a government direct for conclusion in the Ministry of Justice of the Russian Federationwhich gives an assessment of the draft regulatory act for its compliance with the acts higher legal force, lack of internal contradictions and gaps in the legal regulation of relevant relations, as well as compliance with the rules of legal equipment.

6) Projects regulatory acts, affecting income or expenses Federal budget, budgets Subjects of the Russian Federation, local budgets and budgets of state extrabudgetary funds, simultaneously go with the application of the protocols of conciliation meetings (if available) and comments for conclusion in the Ministry of Finance Russian Federation. In conclusion, the Ministry of Finance of the Russian Federation gives an assessment of the financial implications of the adoption of relevant decisions for these budgets and extrabudgetary funds.

7) Projects regulatory acts regulating attitudes business activities or their relationship with the state, and also influence the macroeconomic indicators of development country, direct with the application of the protocols of conciliation meetings (if available) and comments for conclusion to the ministry economic Development Russian Federation. The Ministry of Economic Development and Trade of the Russian Federation implies an assessment of the impact of relevant decisions on macroeconomic indicators and their consequences for business entities.

Conclusions are signed corresponding federal ministers or their deputies And they see, as a rule, within 7 days from the date of receipt of projects of acts. By agreement between the relevant leaders, another period of preparation of conclusions can be established, which for the most voluminous and complex projects of acts cannot exceed 30 days.

Projects acts are entered to the government if there are coordinationprovided for in paragraph 57 of the regulations, or disagreements issued in accordance with clause 59 of the Regulations, and in the cases provided for in clause 60 of the Regulations, also relevant conclusions.

Projects of acts made to the government with a retreat from the rules established by this Regulation are subject to return in the following order.

8) Projects of acts on issues requiring immediate decision, as well as projects made in pursuance of the instructions of the government, the Chairman of the Government, Deputy Chairman of the Government, no later than 5 days from the date of receipt are returned By decision, respectively, the Chairman of the Government, Deputy Chairman of the Government, indicating the reasons for the return.

Other projects of acts listed in the government with a retreat from the rules established by this Regulation, no later than a 5-day term return to the government apparatus, indicating the reasons for the return.

After a 5-day term from the date of receipt, the projects of acts can be returned only by decision of the Chairman of the Government or Deputy Chairman of the Government.

9) Preparation for consideration contributed to the government projects Resolutions and orders of the Government and other acts in which the decision of the government is required, carried out by the government office in 15 days. Extension specified period Allowed only by decision of the Prime Minister, Deputy Chairman of the Government, the Head of the Government Apparatus.

Preparation of acts of acts By consideration includes the preparation of expert opinion, preparation of the draft protocol Consideration of the issue (if necessary) and registration of documents for signing.

Expert conclusion of the government on the project Akt must contain an assessment of compliance with the requirements present Regulations When making a draft Act, the compliance of the draft acts of higher legal force and previously adopted government decisions, the completeness of the calculations presented, the rationale and the forecast of the socio-economic, financial and other consequences of the proposed solution.

Projects of Acts S. expert conclusions In accordance with the distribution of responsibilities are considered Deputy Chairman Governments are represented by the head of the government's office by the Government Chairman on the signature or to make a government meeting.

According to the results of consideration projects acts by the Prime Minister or Deputy Prime Minister Projects can be returned to those who made them leaders of federal executive authorities for refinement or due to the inexpediency of their adoption.

Projects of acts made with disagreements, report Prime Minister, Deputy Chairman of the Government with proposals on the procedure for further work with them.

Unresolved disagreements on the project act Considered by the Chairman of the Government, Deputy Chairman of the Government with the participation of federal ministers, managers of other federal executive bodies with disagreements. Consideration of disagreements can be carried out at a meeting of the relevant government coordination or advisory body.

10) Final decision on the settlement of disagreements accepts the chairman of the government. By decision of the chairman of the government, unresolved disagreements can be considered at the government meeting.

On issues, the decision on which is made exclusively at a government meeting, the final decision on the settlement of disagreements is adopted at a government meeting.

Government acts projects that are accepted within its powers on issues related to the Constitution of the Russian Federation to the administration of the President of the Russian Federation, the adoption of which is provided for by the acts of the President of the Russian Federation or who are considered at the Government meetings, chaired by the President of the Russian Federation, are sent to the Government Office to the Presidential Administration of the Russian Federation in the manner prescribed by the President of the Russian Federation.

Projects of government acts on personnel issues of federal executive bodies, whose activities are managed by the President of the Russian Federation are subject to coordination in the manner prescribed by the President of the Russian Federation.

The head of the government's office (the person performing his duties) launches the date of the government's acts signed by the Prime Minister, confirms their authenticity to its visa and organize their release. When identifying circumstances that prevent the issuance of an act, the head of the government's office reports on them the chairman of the government and is valid in accordance with the decision adopted by the President.

Entry into force

The acts of the Government of the Russian Federation, affecting the rights, freedoms and obligations of a person and a citizen who establish the legal status of the federal executive authorities, as well as organizations enter into force on the entire territory of the Russian Federation after 7 days after the day of their first official publication.

Other decisions Government of the Russian Federation come into force from the date of their signing, if a Resolutions of the Government of the Russian Federation no other order Their entry into force.

Order of the Government of the Russian Federation come into force from the date of their signing.

Acts of the Government of the Russian Federation can be appealed to the court.

The Government of the Russian Federation has the right to accept appeals, statements and other acts that are not a legal nature.

Publishing

Decisions of the Government of the Russian Federation, with the exception of Resolutions containing information constituting the state secret, or confidential information, are subject to official publication no later than fifteen days from the date of their adoption, and if necessary, immediately enforcement, it is brought to universal information through the media without delay.