Alyautdinov Farid Myasumovich Biography

The introduction of the dissertation is part of the abstract on the topic “Constitutional and legal status of executive bodies of the Russian Federation” The relevance of the study of the legal status of executive bodies and ways to improve it is determined by a number of factors. Firstly, the legislation and state practice of the Russian Federation does not have an unambiguous understanding of the executive system, which significantly reduces the interaction and effectiveness of the activities of various links of the executive branch.

Secondly, the scientific developments of the problems of organization and activities of the executive branch throughout the nineties experienced stagnation. Politicalization of state construction has pushed scientific research in this field into the background. The bet was made not on the scientific study of issues, but on political pragmatism, which has strengthened the already crisis state of the executive branch in Russia.

Thirdly, in the scientific literature, those significant changes that were made on the legal basis for the functioning of the executive branch by the Constitution of the Russian Federation are still clearly not sufficiently analyzed in the scientific literature compared to the Constitution of the RSFSR of the city Meanwhile, the new constitution not only changed the legal status of the executive branch, but also gave rise to a number of additional contradictions that need to be eliminated, and for this to study and develop ways to solve them.

Fourth, due to the refusal of the legislator in the new conditions from the administrative and legal term "management" there are many difficulties in the exercise of the powers of the executive branch, a set of problems have arisen requiring a solution in a normative and organizational plan. There is no connection between the constitutional provisions on guarantees of the unity of the economic space, a wide circle of maintenance of the Russian Federation and the concepts used by the executive bodies "state regulation", "state administration", "governing bodies".

Fifthly, the administrative reform behed by President V. also makes a number of significant changes to the functioning of the executive branch. All this makes a scientific study of the constitutional legal foundations of the executive branch and ways to improve their work of paramount importance. The legal status of executive bodies is regulated at several basic levels: the Constitution of the Russian Federation, federal constitutional and federal laws; agreements between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation; Constitutions with charters and laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation.

The peculiarity of the modern legal status of executive bodies is that the current legislation of Russia is not systemic. Adopted with a delay in the FKZ "On the Government of the Russian Federation" is not accompanied by laws on federal executive bodies, the principles of organizing executive bodies in the constituent entities of the Federation. The diversity of the legal regulation system makes it extremely relevant to the task of isolating issues requiring constitutional regulation.

The concept of "constitutional legal status of executive authorities" is introduced in order to indicate the layer of the activities of the executive authorities, which is valued to be outlined by the basic law of the Russian state. Executive power - in accordance with the theory of separation of powers, one of the independent and independent public authorities along with the legislative and judicial in the state.

It is a set of powers to manage state affairs, including the powers of sub -provision of administrative rule -making, the powers of foreign policy representation, the powers to exercise various kinds of administrative control, as well as the legislative powers in the manner of delegated or emergency legislation, as well as a system of state bodies, "exercising the above powers.

However, in fact, in the parliamentary parliamentary ones in the parliamentary The monarchies and republics entirely belongs to the government, in dualistic monarchies - the monarch together with the government, and in the republics of the mixed type the executive branch, as a rule, occurs under the direct leadership and control of the head of the president at the regional and place of the level.

subordinate apparatus. The legislative, executive and judicial authorities are independent. The federal executive bodies are the Government of the Russian Federation, ministries, state committees and other executive bodies.In the constituent entities of the Russian Federation, the executive authorities are in most republics - presidents, government, ministries and departments, in other constituent entities of the Russian Federation - governors, heads of administrations, government, ministries, departments and other executive bodies.

At the level of local self -government, areas, cities, volosts, etc. However, the legislation of the Russian Federation does not provide for the separation of powers in local self -government, therefore, the allocation of the executive branch. First of all, one must have in mind the appointment of the executive branch: it consists in engaged in the implementation of laws, comply with their requirements and the term "executive", to manage and ensure the daily functioning of the state mechanism, economy and market, satisfaction of requests and needs of the population.

In order to fulfill its tasks, the executive branch has and uses, out of the laws and the state budget approved by the parliament - finance, material objects transport, communication, other industrial enterprises, as well as military and militarized units. Finally, the most important feature of the executive branch is not only the execution of regulatory requirements, but also the administrative activity - mainly law enforcement, in a certain amount - also by -laws -regulatory -regulating this line of the executive branch is characterized as executive and administrative activities.

Alekhin A. Kozlov Yu. Administrative law of the Russian Federation. Karmolitsky A. Administrative law of the Russian Federation. Public Administration: a course of lectures. The administrative law of M. The relevance of the study of the executive branch is determined by the fact that in the process of reforming Russian society, new requirements for the executive branch are of exceptional importance, primarily for its formation as a branches of state power.

As an important socio-political institution of society, the executive power should play a significant role in the construction of a democratic, legal, social state, in the formation of civil society. She can fulfill this role if he becomes able to realize his powers in the interests of protecting the rights and freedoms of man and citizen, the constitutional system, the unified economic and legal space of the Russian Federation.

However, the process of reforming the executive branch in modern Russia is difficult and contradictory. The problems of the further formation of the legal framework that ensures the fully functioning of the executive system in accordance with the Constitution of the Russian Federation and universally recognized principles and norms of international law. The mechanism for coordinating the legislation of the constituent entities of the Russian Federation with federal law has not been developed, which complicates the work of the executive branch at all levels; Cases of discrepancy between the legislation of two levels are frequent, the problems of reducing the level of professionalism of managerial personnel in these conditions are aggravated by increasing attention to the theoretical problems of the study of the executive of Russia, its various links, to the new methodological and worldview aspects of its functioning.

Ed. Bachilo I. Administrative law. Textbook. Modern researchers have not sufficiently developed the problem of the interaction of the executive branch with the legislative and judicial branches of the authorities, there are no generalizing studies of the reform of the executive branch. The state and degree of knowledge of the problem in the process of solving the problems of the dissertation research studied various sources: the work of foreign and domestic scientists, regulatory legal acts, materials of scientific conferences, cash desks of various political orientations, articles from Russian Justice, State and Law, Power, Political Studies, and others.

The dissertant used the studies of ancient authors and thinkers of the Middle Ages: the works of Aristotle, Plato, J. Locke, Sh. Montesquieu, J. Alekseev, V. Gessen, B. Chicherin and others. Atamanchuk, S. Alekseeva, A. Alekhin M. Balia, I. Baillo, allowance. Works: in 4 t. Philosophy of law. St. Petersburg, about the state. Saikina,; Montesquieu Sh.

Selected works. On a public agreement. Philosophical principles of whole knowledge. The moral organization of mankind as a whole. Power and Law: from the history of Russian legal thought. Morality and law.

Political and social ideals. Russian state law, ed. Lectures on Russian State Law. Constitutional law. Lectures on the history of Russian law. Bustrah, A. Karmolitsky, Yu. Kozlov, V. Chetverikov, N. Ustyugov, L. Shmelev and others. They carried out an analysis of the existing executive system today. During the preparation of the dissertation, the work of a number of modern Russian researchers on the most fundamental and controversial issues of the theory and practice of the executive branch and its reform: the work of K.

Kutafin, A. Korenev, D.Ovsyanko, V. M Manokhin, V. Lysenko, L. Lysenko, N. Salishcheva, N. Khamanseva and others. The analysis of literature shows that many disputes of scientists and specialists causes the very determination of the executive branch of power. So, E. Assanov writes: “What is commonly called by the executive branch is by nature is not power in the proper sense of the word.

This is a forced force expressed as a state administration that executing legislative and judicial acts. If we assume that 6 Eroshkin N. Essays on the history of state institutions of pre -revolutionary Russia. The history of state institutions of pre -revolutionary Russia. Constitutional law of the Russian Federation.