What is the mechanism of the state? Mechanism (apparatus) of the state: structural characteristics and role in the implementation of the tasks and functions of the state. Features of government organizations and employees

Concept, signs and elements of the state mechanism

Consequently, a sign of any state is the presence of a state mechanism, i.e. a system of state bodies and institutions vested with power and created to carry out its functions and tasks. Without a state mechanism, the state itself cannot exist, since it is the state bodies that personify it. Through them, state power is exercised and state leadership of society is ensured.

The concept of “state mechanism” is used in a broad and narrow sense.

In a broad sense, the mechanism of the state includes the entire set of state bodies through which the tasks and functions of the state are carried out. With this understanding, the mechanism of the state consists of the state apparatus, state institutions and state enterprises.

The state apparatus is a system of government bodies vested with authority to exercise state power.

Along with the state apparatus, the state mechanism includes state institutions whose activities are aimed at performing the functions of the state in the field of education (for example, schools), in the field of health care, science, in the economic field, etc. Finally, state-owned enterprises, as part of the machinery of the state, are created to implement economic activity, for example, the production of essential items (goods) or the provision of various services to the population.

In a narrow sense, the concept of “state mechanism” is identical to the concept of “state apparatus”.

The state mechanism has character traits, allowing it to be distinguished from other political institutions participating in the exercise of government power or influencing it (for example, parties).

The features of the state mechanism are as follows:

it is an integral system of government bodies based on the unity of the principles of its organization and activities. These principles (for example, separation of powers, the principle of legality, etc.) are usually enshrined in the constitutions of states;
consists of a special group of people selected from society and trained to manage it, carrying out this activity professionally and on an ongoing basis;
the state bodies that make up the mechanism interact with each other as components of a strictly hierarchical system based on the subordination of lower bodies to higher ones;
each element of the mechanism (i.e., a state body) is a relatively independent and separate part of the system, endowed with authority, created by the state and acts on its behalf and on its instructions. Each state body implements it specific function, and all together ensure the effective functioning of the state as a whole;
To carry out the tasks and functions of the state, state bodies have the necessary means - material, informational, organizational, including the possibility of state coercion.

State body: concept, signs, types

2) is a relatively independent, structurally separate and legally formalized part of the state mechanism, which is characterized by a certain structure and consists of civil servants;

3) is formed on behalf of the state and acts on its instructions;

4) endowed with a certain competence, i.e. tasks, functions, rights and responsibilities strictly assigned to him;

5) is formed in the manner prescribed by law;

6) has the necessary material and organizational means (values, auxiliary institutions and enterprises, etc.) to carry out its functions.

Thus, the goals, objectives and structure of a state body, the procedure for its formation and the activities themselves are regulated by the rules of law.

A state body is a relatively independent link in the state mechanism and consists of civil servants, whose rights and responsibilities are determined by law.

So, according to Art. 10 Federal Law“About the public service system Russian Federation» dated May 27, 2003 No. 58-FZ, a federal civil servant is a citizen who carries out professional official activities in a federal public service position and receives a salary from the federal budget. Civil servants are awarded class ranks, diplomatic ranks, military and special ranks.

The same Federal Law defines the concept of “public service” and its structure. Public service is the professional service activity of citizens of the Russian Federation to ensure the execution of the powers of the Russian Federation and federal bodies, the powers of the constituent entities of the Russian Federation and their bodies (Article 1). The civil service system includes the following types of civil service:

a) state civil (federal and regional - in the constituent entities), b) military and c) law enforcement service (b and c - only federal (Article 2)).

The legal status of civil servants in Russia (rights and obligations), requirements, procedure for recruitment and promotion, as well as restrictions and prohibitions associated with the civil service, are prescribed in Art. 14-18 of the Federal Law “On the State Civil Service of the Russian Federation” dated July 27, 2004 No. 79-FZ.

Although state bodies closely interact with each other, each of them performs very specific tasks. Depending on the basis of the typology, several types of state bodies are distinguished.

According to the order of creation, state bodies can be either elective (i.e., elected in free elections), or appointed, or inherited (i.e., created by inheritance).

Based on the nature of the functions performed, there are three main groups of government bodies:

legislative (parliament, local governments);
executive and administrative (government, ministries, departments, etc.);
judicial (law enforcement).

Principles of organization and activity of the state mechanism

It is already known from the experience of centuries, wrote C. Montesquieu, that every person endowed with power is inclined to abuse it, and he goes in this direction until he reaches the limit assigned to him.

To protect itself from the arbitrariness of the absolute, unlimited power of the sole ruler and officials, society divides power into legislative, executive and judicial, so that the different branches of government can mutually restrain each other. Each branch of government has a strictly defined range of powers.

Within the limits of its competence (rights and responsibilities), each branch of government is subject only to the law.

However, the separation of powers should not be understood as their opposition; it is only a form of division of administrative functions that does not allow them to be concentrated in one hand: thus, legislators are busy developing and adopting laws, the executive branch implements these laws in practice, and the judicial branch monitors the correctness of adoption and application of laws. Therefore, the authorities must mutually complement each other, act in concert, without seeking to usurp the functions of another branch of government.

To the mentioned principles (rules) of the functioning of the state apparatus, one could add the principles of transparency, optimality and efficiency of the activities of the state apparatus, and some others.

Bureaucracy: meaning of the term and purpose

All of the above principles are useless if professional managers are not involved in their implementation. They are called bureaucracy.

The scientific meaning of the term “bureaucracy” means, on the one hand, a special layer of people professionally engaged in management, and on the other, an organization of public administration that operates on the basis of rules binding on all.

For the first time, bureaucracy appears in the East. Thus, in feudal China, the entire population was divided into groups depending on their official position. One of the largest groups were officials. Their activities were strictly regulated by rules according to which no one could appeal to a superior person except by sequentially going through all the steps of the bureaucratic ladder. The officials were headed by the head of the local administration. He bore the title of Mandarin. However, the bureaucracy in China depended on the will of the emperor, despite the fact that, unlike other countries of the East (Egypt, Babylon), positions in China were not inherited, but were distributed based on the results of state exams.

The examination system in China arose in the first third of the 2nd century. BC.

The exams had three stages. The lower two took place in counties and provincial capitals. Only those who passed the exams of the first two stages - and these were an essay and an interview - could become a candidate for a position in the state apparatus. Those who received the highest marks in the second stage examination could participate in the examination at the imperial court. Depending on the result of the examination, the candidate received a government position.

It is interesting that based on the results of the exam, an official could not only be promoted, but also demoted. With some changes, the examination system has been preserved to this day.

Western countries also select for government positions through examinations and qualifications. Western bureaucracy is subject to the following generally binding rules in its activities:

the responsibilities of each official are clearly defined;
the employee must not be the owner of the institution in which he works;
management activities are his main occupation, i.e. he doesn't work anywhere else;
all relationships with the population are carried out in writing, for which there is an office, etc.

Such an organization of management activities is very effective because it is based on the division and specialization of labor.

However, it also has disadvantages. Bureaucrats are people too, and they have personal interests. Being deprived of power, officials seek to use it for their own enrichment. The consequence of this is corruption.

All the negative consequences of the bureaucratic organization of managerial work are called bureaucracy. This is red tape, paperwork, manipulation of the interests of ordinary citizens, bribery. In other words, bureaucracy means the unlimited power of the bureaucracy, which, instead of serving society, uses it itself for its own selfish interests.

In order to limit the extent of this disease, which affects all countries (developed and developing), constant monitoring of all parts of the state apparatus, reporting and turnover of government officials, and transparency in the activities of state bodies are necessary.

Types of state bodies

Naturally, modern parliaments differ significantly from medieval ones.

Oxford Dictionary in English so defines a legislature: a group of persons with the power to make the laws of a country or state. However, this is an incomplete definition, since parliament also performs other functions.

First of all, parliament is a representative body of society, it represents the interests of various groups of the population and functions as the “eyes, ears and voice” of the people. Through its representatives (parliamentarians), whom the people elect in elections, it authorizes them to exercise state power for the benefit of society. Thus, in the mechanism of the state, parliament has supremacy. J. Locke noted: The legislative power must of necessity be supreme, and all other powers in the person of any members or parts of society flow from it and are subordinate to it.

In addition, parliament is vested with legislative power, i.e. the right to discuss and adopt laws through which he determines the prospects for the development of society.

Along with this, the legislature exercises supervision and control over the government, including deciding on its resignation. This function is most developed in legislative bodies in parliamentary forms of government.

Of course, in addition to these functions, legislative bodies develop financial policy, which is implemented in the annual adoption of the country’s budget by parliament, give a political assessment of the actions of officials and can hold them to political responsibility, i.e. express distrust in them.

Executive authorities

In parliamentary forms of government the position of government is different. Thus, in Great Britain the cabinet of ministers is formed by parliament and is responsible to it. Typically, the cabinet serves as the link between the legislative and executive branches of government. In essence, it represents the leadership core of the ruling party. The Cabinet of Ministers consists of the Prime Minister and a group of chief ministers who are collectively responsible for the activities of the government. It consists of 17 ministers, of whom no more than 15 can represent the House of Commons. Consequently, in this case the principle of separation of powers is not strictly observed. However, in a parliamentary system of government, the power of the prime minister is very significant, since he relies on the support of his party supporters in parliament.

Local executive power is exercised through either centrally appointed local executive bodies (local administrations) or elected local self-government bodies. Usually, the management of local affairs is entrusted to an official appointed from the center (and sometimes locally elected) - a governor, a prefect.

Executive authorities issue regulations (decrees, orders, decrees) that are based on laws and should not contradict them.

Judicial branch

The monarch is well educated, graduated from Cambridge University, and speaks six languages. He is an avid athlete (one of the best fencers in Europe, has black belts in judo and karate, and a yachtsman), and pilots state-of-the-art fighter jets. In the family tree of his wife, Queen Sofia (mother of three children), there are seven Russian tsars.

I have always considered the main thing, the Queen of Spain admitted, to instill in my children a sense of responsibility, which, I think, includes a lot: intelligence, strict morality, professionalism, will, nobility and honesty.

In countries with a republican form of government, the head of state is usually the president. He is vested with a number of powers, the scope of which depends on the type of republic:

represents the country in relations with other countries, receives foreign diplomatic representatives, appoints ambassadors;
promulgates international treaties and agreements;
is the commander-in-chief of the country's armed forces;
can veto a law passed by parliament and return it for secondary consideration.

In some countries, such as France and Russia, the president has the right to dissolve parliament and announce early parliamentary elections.

The mechanisms of the state are a system of bodies directly carrying out management activities and endowed with power - state institutions and organizations, as well as material appendages of the state apparatus - the armed forces, the police, on the basis of which the state apparatus operates.

Signs of the state mechanism:

It is a system, that is, an ordered set of interconnected government bodies;
Its integrity is ensured by common goals and objectives that unite different government departments into a single organism and orient them towards solving common problems;
Its main element is government bodies with authority;
It is an organizational and material lever with the help of which the state exercises its power and achieves specific results;

The structure of the state mechanism is understood as its internal structure, the order of arrangement of its links, elements, their subordination, relationship and interconnection.

The structure of the state mechanism consists of:

State bodies - have state powers, that is, such means, resources and capabilities that are associated with the power of the state with the adoption of general management measures;
State organizations are those units of the state mechanism that are called upon to carry out the security activities of a given state - the armed forces, the security service, the police;
State institutions are those divisions of the state mechanism that do not have power, but carry out direct practical activities to perform the functions of the state in the social, cultural, educational, educational and scientific spheres, these include libraries, clinics, hospitals, post offices, universities, schools;
State-owned enterprises also do not have power, but carry out economic activities economic activity produce products or ensure production perform various works and provide numerous services to meet the needs of society and generate profit;
Organizational, financial and other means, as well as coercive force, are necessary to ensure the activities of the state apparatus;

The primary element of the state mechanism is the state body.

The state apparatus is a system of state bodies that have state power and carry out the functions of the state.

The state apparatus consists of:

Legislative authorities;
Executive authorities;
Judicial authorities;
Supervisory authorities;
Diplomatic authorities;

The mechanism of the state is the totality of all state bodies that carry out its functions, both those with and without state power.

Thus, the state mechanism can include:

Bodies included in the state apparatus;
Security forces such as the armed forces, internal troops, special units, prisons, colonies;
Administration of state enterprises and organizations;

The principles represent the fundamental requirements for the structure and operation of state bodies.

Currently, the principles of organization and activity of the state apparatus include:

The concept and structure of the state mechanism. State bodies, their characteristics, types, functions and principles of activity. The system of separation of powers in the mechanism of the state. The role and place of customs authorities in the mechanism of the state.

The concept and structure of the state mechanism. Any complex social system, such as society, needs management. Managing society is a process of organized influence on various aspects of human life: economic, social, cultural and others.

The control action is carried out as state, so non-state bodies of a political, economic, cultural nature, for example political parties, political leaders, professional associations, creative unions etc.

However, the greatest organizational potential for managerial influence, capable of influencing almost all spheres of society, has state thanks to the presence systems special bodies of institutions and enterprises, as well as special layer of people, professionally engaged in activities to exercise the powers of government bodies.

Taken together - state bodies, as well as civil servants employed in them, carry out the goals, objectives, functions of the state and make it up mechanism .

Thanks to it, the state ensures law and order, guarantees the rights and freedoms of citizens, and coordinates the divergent interests of various groups of the population.

The peculiarity of these organs is that their activity is domineering character and relies on the possibility of legitimate violence.

In legal science, there are two points of view regarding the relationship between the concepts of “state mechanism” and “state apparatus”.

Under state apparatus is understood system of government bodies (or management apparatus). IN mechanism of the state besides government bodies (administration apparatus) also include the armed forces, police, etc. (coercive apparatus), which act as a power support for the activities of the state apparatus. In addition, the mechanism of the state may include such forms of democracy as referendum, elections, etc.

Thus, mechanism of the state represents .

The structure of the state mechanism means internal structure, place and role of its constituent elements, i.e. government agencies.

It is possible to classify various groups of government bodies in the structure of the state mechanism.

Theoretically, there are two large groups:

- manadgement Department;

- apparatus of coercion.

Depending on the form of activity of state bodies, legal science presents the following structure of the state mechanism:

Government departments;

Government bodies;

Judicial authorities;

Prosecutor's office.

In addition, the structure of the state mechanism also includes various material values, organizational means, coercive force, etc.

In the mechanism of the state, there are various organizations and institutions that do not exercise the functions of power, but ensure the implementation of the main directions of the state’s activities. These include cultural, educational, healthcare institutions, etc.

Thus, in in a broad sense The mechanism of the state includes the entire set of state bodies through which the tasks and functions of the state are carried out.

With this understanding, the mechanism of the state consists of government apparatus, government agencies and state-owned enterprises.

This can be represented schematically as follows:

The central place in the mechanism of the state is occupied by state machine , representing a system of interconnected state bodies vested with power and civil servants employed in them, who practically implement state power.

Along with the state apparatus, the state mechanism includes government agencies , whose activities are aimed at managing a specific field of activity and performing state functions in this field (for example, in the field of education, in the field of health care, science, in the economic field, etc.).

Schools, universities, hospitals, and research institutes act as government institutions.

Finally, state enterprises They are also deprived of power and are created to carry out economic and other activities aimed at producing essential items (goods) and providing various services to the population.

In the narrow sense the mechanism of the state is identical to the concept of "state apparatus", the primary element of which is state body .

State mechanism has characteristic features (traits), allowing it to be distinguished from other political institutions participating in the exercise of state power or influencing it (for example, parties), and to be separated from the concept of “political system”.

Firstly, the mechanism of the state is an integral system of state bodies, based on the commonality of goals and objectives, the unity of the principles of its organization and activity. Among them, for example, the principle of separation of powers, the principle of legality, etc., which are usually enshrined in state constitutions and current legislation.

Secondly, the state bodies that make up the mechanism interact as components strictly hierarchical a system based on the subordination of lower bodies to higher ones, acting within their competence.

Third, the mechanism of the state consists of special group of people, separated from the society and trained to manage it, carrying out this activity professionally and on an ongoing basis.

Fourth, each element of the mechanism (in in this case state body) is a relatively independent and separate part of the system and has authority, created by the state, acts on its behalf and on its instructions. An individual body of the state performs its specific function, and all state bodies taken together ensure the effective functioning of the state as a whole.

Fifthly, to perform the tasks and functions of the state, state bodies have the necessary means: material (for example, money), informational, organizational, including the possibility of state coercion.

At sixth, the forms of organization of the state mechanism are determined by the content of the functions that they perform.

Consequently, the functions determine the specific configuration of the state mechanism and the principles of interaction between its elements. In turn, the creation of functions depends on the maturity civil society, diversity of stable interest groups.

State bodies, their characteristics, types, functions and principles of activity. State bodies are created to carry out one or another function of the state. The relevant legislative act defines the tasks of the state body and its competence. To implement its tasks, the state body is endowed with authority, as well as material and organizational resources.

Professional activity to ensure the execution of powers of government bodies is called public service carried out by persons with the status of civil servants.

To the most characteristic features government agencies include the following:

Represent the interests of the state, express its will;

They are created and function on the basis of regulatory legal acts regulating the procedure for their activities, competence, etc.;

Implement their specific tasks and functions;

Possess authority;

Apply in cases established by law, measures of state coercion;

Endowed with a certain amount of rights and responsibilities, have corresponding powers in a particular area;

Have an appropriate internal organizational structure;

Publish legal acts normative or individual in nature;

They have an organizational and material basis for their activities.

State bodies are called upon to solve problems facing the state and implement its functions. However, each state body, along with the general tasks of the state, solves tasks and functions unique to it.

Thus, state body - This a constituent element of the mechanism of the state (state apparatus), performing its inherent tasks and functions and having power in this regard.

Government bodies can be classified on various grounds depending on terms of office, hierarchy, form of activity, etc.

According to the principle of separation of powers

1) legislative bodies (parliament);

2) executive authorities (government);

3) judicial authorities.

By forms of government activity(the nature of the tasks performed) state bodies are divided into:

1) public authorities (parliament);

2) government bodies (ministry);

3) judicial authorities;

4) control authorities (prosecutor's office, customs authorities, tax police, audit chamber).

By term of office government bodies are divided into:

1) permanent (prosecutor's office);

2) temporary (commissions under the State Duma).

By order of education government bodies are divided into:

1) bodies elected by the population ( Federal Assembly RF);

2) bodies formed in the prescribed manner by other state bodies (ministers);

3) bodies formed in the order of succession to the throne.

By legal forms government activities State bodies are divided into:

1) bodies carrying out law-making activities ( The State Duma);

2) bodies carrying out law enforcement activities (ministry);

3) bodies carrying out law enforcement activities (police).

By number of civil servants, according to the method of decision-making, state bodies are divided into:

1) one-man (president, governor);

2) collegial (government of the Russian Federation, administration).

By hierarchy(scope of power) government bodies are divided into:

1) higher, central (federal bodies);

2) local (bodies of the constituent entities of the Federation).

This model of organizing the state apparatus is typical only for unitary states.

In the Russian Federation it also applies local government system , which are designed to solve issues local significance, and are not included in the system of government bodies.

Status head of state (monarch, president) and, accordingly, the place in the system of state power of the body of the head of state is determined depending on the form of government established in a given state.

Special role among various types state bodies belongs representative bodies , who act as such because they are called upon to represent the interests of their voters in the exercise of government powers. The people thus delegate their powers to exercise state power. Representative bodies include legislative bodies.

In the Russian Federation, the representative bodies of power include the parliament - the Federal Assembly of the Russian Federation, and the legislative bodies of the constituent entities of the Federation.

IN municipalities There are representative bodies of local self-government elected by the population living within the territory of the municipality.

The organization and activities of the state apparatus are carried out in accordance with certain principles , which represent the fundamental principles, guiding ideas of the formation, construction and functioning of the system of government bodies.

The principles of organization and activity of state bodies are expressed in legislative acts, primarily in the Constitution of the country, as well as in special laws.

At the present stage, the organization and activities of government bodies in rule of law builds on the following principles:

1) the principle of legality;

2) the principle of separation of powers;

3) the principle of priority of the rights and freedoms of man and citizen, their direct effect: the duties of civil servants to recognize, respect and protect the rights and freedoms of man and citizen;

4) the principle of unity of the system of state power,

5) the principle of democracy;

6) the principle of humanism;

7) the principle of transparency in the implementation of public service;

8) the principle of unity of the basic requirements for the civil service;

9) the principle of professionalism and competence of civil servants;

10) the principle of equal access of citizens to public service in accordance with abilities and professional training;

11) the principle of binding on civil servants decisions made by higher state bodies and managers within the limits of their powers;

12) the principle of responsibility of civil servants for the decisions they make.

The system of separation of powers in the mechanism of the state. State power is united. However, government bodies implement their specific tasks and functions in a particular area, and therefore are vested with authority. This requires granting a certain independence to state bodies in carrying out their activities.

The principle of separation of powers presupposes the functioning of three independent branches of government: legislative, executive and judicial with their appropriate interaction.

The idea of separation of powers was considered by ancient thinkers. This theory received detailed development in the 18th century. in the work of the French philosopher and jurist Charles Louis Montesquieu “On the Spirit of Laws” (1748), who believed that the combination of all types of state power in one person or state body could lead to tyranny.

The system of separation of powers makes it possible to delimit the competence of government bodies, provide them with independence in decision-making, ensure their normal functioning, and prevent arbitrariness and abuse of power. In addition, there is a need for each branch of government to control the other two in order to avoid the usurpation of power by one of its branches. The organization of such control in the state mechanism is called system of “checks and balances”.

The system of “checks and balances” is the ability of the legislative, executive and judicial authorities to control each other’s activities in order to avoid the monopolization of power by one of its branches.

In accordance with Article 10 of the Constitution of the Russian Federation, state power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. The legislative, executive and judicial authorities are independent.

The government bodies of the three branches of government of any state, the activities of which are based on the principle of separation of powers, have similar features and general characteristics.

1. Legislative branch is called upon to carry out primarily the activities of adopting laws. Legislative bodies are elected by the population and are called representative because they represent the interests of their voters in the state apparatus. Parliaments are the highest bodies of legislative power.

Powers of Parliament:

1) resolving financial issues: establishing taxes, considering the draft state budget;

2) control over executive authorities: participates in the appointment of various officials and bodies that make up the executive branch (for example, the appointment of the head of state, head of government and cabinet);

3) publishing laws independently or jointly with the head of state;

4) participation in the foreign policy process;

5) resolving defense issues;

6) carrying out certain judicial functions: bringing the president and members of the government to justice.

Parliament exercises its powers at sessions. The order of its work is determined by the regulations, which also set out the main stages of the legislative process: legislative initiative, discussion of the bill at plenary sessions and in commissions, adoption and approval, publication.

The system of legislative power in Russia includes legislative representative bodies of the constituent entities of the Federation, as well as local representative bodies.

2. Executive branch designed to ensure the implementation of regulatory legal acts. The activities of executive authorities are called executive-administrative, since, on the one hand, they directly implement legal regulations, on the other hand, they give authority orders to other bodies, organizations, and citizens.

Executive authorities operate continuously throughout the entire territory of the state; their activities are secondary in relation to the activities of legislative bodies. Acts (decrees, orders) adopted by executive authorities have a subordinate nature, must be based on laws and must not contradict them.

The executive power, represented by the government, is specific and substantive in nature, which distinguishes it from the legislative power. The government has great capabilities because it controls the state apparatus: officials, army, police, judges, security agencies, etc. It carries out management of current affairs of the company, manages its resources, implements decisions and laws adopted by representative bodies.

The highest executive body in some states is the president, in others - the government. On the ground there are bodies appointed by the central government or local government bodies elected by the population.

In the Russian Federation, the highest executive body is the Government of the Russian Federation, consisting of the Chairman of the Government and federal ministers. The system of federal executive authorities of Russia includes: federal ministries, federal services, federal agencies.

The system of executive bodies of the state includes executive bodies of the constituent entities of the Russian Federation. Local executive authorities operate in municipalities.

3. Judicial branch is called upon to administer justice and is an arbiter in disputes about law. The judiciary ensures the protection of the rights and freedoms of citizens, organizations, and the interests of government and administrative bodies. The activities of the courts are aimed at ensuring law and order in society and restoring social justice.

One of the main principles of the courts is impartiality . This means that everyone is equal before the law and the court must impartially apply the law, no matter who is before it: poor or rich, the president or an ordinary citizen.

Courts independent . This means independence in decision-making and respect for them on the part of society and government bodies. In addition, the independence of the courts is associated with non-interference in their activities by both the legislative and executive powers.

Despite national characteristics, the judicial systems of different countries use the same principles :

Independence of courts in resolving any issues within their competence;

Equality of all before the law and court;

Publicity of legal proceedings;

Adversarial proceedings;

Presumption of innocence;

Rights of the accused to defense, etc.

In the Russian Federation, judicial power is exercised through constitutional, civil, administrative and criminal proceedings.

The highest bodies of judicial power in the Russian Federation are:

1) Constitutional Court of the Russian Federation;

2) Supreme Court of the Russian Federation;

3) Supreme Arbitration court RF.

The federal court system consists of:

1) Constitutional Court of the Russian Federation;

2) courts general jurisdiction;

2) arbitration courts.

The Law on the Judicial System provides for the courts of the constituent entities of the Russian Federation - constitutional (statutory) courts and magistrates.

Judicial power in the Russian Federation is exercised only by courts represented by judges and jurors, people's and arbitration assessors involved in the administration of justice in the manner prescribed by law. No other bodies or persons have the right to take over the administration of justice. All judges are independent and irremovable.

Control authorities. According to the principle of separation of powers, there are usually three branches of government: legislative, executive and judicial. This is how the creators of the theory of separation of powers, J. Locke and S.-L., imagined the organization of the highest bodies of power. Montesquieu.

However, as the state grew, its structure became more complex, and the forms and methods of activity of state bodies became more diverse, the need arose to control the legality of acts and activities of the state apparatus. Thus, the need arose for a fourth branch of government - control power.

This process began with the institute created in Sweden in 1809 ombudsman (granting the right to parliament to elect a special parliamentary commissioner to oversee compliance with legislative acts). Subsequently, a system of control authorities arose in various countries.

It should be noted that control functions are carried out to one degree or another by most state bodies. For example, the parliament or the president, depending on the type of republic, controls the government. In turn, the government exercises control over the actions of the administrative apparatus, there is departmental control, etc.

Depending on the subject of control, the following are distinguished: varieties control bodies:

Supervisory authorities constitutionality(for example, the Constitutional Council in France);

Supervisory authorities legality(prosecutor's office);

Supervisory authorities executive power and its acts(for example, the Council of State in France);

Control authorities for human rights(for example, the Commissioner for Human Rights in the Russian Federation);

Organs financial control (for example, the Court of Accounts in Austria, France, Russia), etc.

Head of State. Along with the four types of public authorities in the mechanism of the state important place occupies the institute of the head of state.

The principle of separation of powers protects society from the danger of being subordinate to a dictator. However, the independence of these authorities is relative, since they closely interact. The coordination of their actions is carried out by the head of state. It is he who personifies the integrity and unity of state power, its desire to serve for the benefit of the entire people, and represents the state in the international arena. In modern republics the head of state is the president, while in constitutional monarchies the head of state is the monarch.

Thus, the principle of separation of powers is one of the most important in public administration. It creates a system of checks and balances in the state mechanism that does not allow anyone to usurp power and use it individually.

The role and place of customs authorities in the mechanism of the state. Customs authorities are government bodies that regulate legal relations that arise, change and cease in the field of customs affairs.

The activities of customs authorities are universal and specific; they have no analogues. Its versatility is manifested in its diversity social functions carried out by customs authorities and enshrined in Art. 403 of the Customs Code of the Russian Federation of 2003.

Customs authorities are integral part systems of federal executive authorities of the Russian Federation, the structure of which is determined by Decrees of the President of the Russian Federation No. 314 of March 9, 2004 and No. 649 of May 20, 2004. In accordance with them, the Federal Customs Service is subordinate to the Government of Russia.

The legal status of customs authorities is established by constitutional norms and includes the structure and procedure for their formation, competence (range of rights and responsibilities), as well as relationships with other bodies (executive, legislative, etc.).

The customs authorities constitute a single federal centralized system. Other organs state entities of the Russian Federation, local government bodies, public associations cannot interfere with the activities of customs authorities when they carry out their functions.

Customs authorities include(Article 402 of the Labor Code of the Russian Federation):

1) federal executive body authorized in the field of customs affairs;

2) regional customs departments;

3) customs;

4) customs posts.

The creation, reorganization and liquidation of regional customs departments, customs houses and customs posts are carried out by the federal executive body authorized in the field of customs affairs.

Regional customs departments, customs houses and customs posts operate on the basis of regulations approved by the federal executive body authorized in the field of customs affairs.

The system of customs authorities also includes institutions that are not law enforcement agencies, which are created by the federal executive body authorized in the field of customs affairs to ensure the activities of customs authorities.

Customs authorities carry out the following main functions:

1) carry out customs clearance and customs control, create conditions that facilitate the acceleration of trade turnover across the customs border;

2) collect customs duties, taxes, anti-dumping, special and countervailing duties, customs duties, control the correctness of calculation and timely payment of these duties, taxes and fees, take measures for their forced collection;

3) ensure compliance with the procedure for moving goods and vehicles across the customs border;

4) ensure compliance with the prohibitions and restrictions established in accordance with the legislation of the Russian Federation on state regulation of foreign trade activities and international treaties of the Russian Federation in relation to goods moved across the customs border;

5) ensure, within their competence, the protection of intellectual property rights;

6) fight smuggling and other crimes, administrative offenses in the field of customs affairs, suppress illegal trafficking across the customs border of narcotic drugs, weapons, cultural property, radioactive substances, rare species of animals and plants that are in danger of extinction, their parts and derivatives, objects of intellectual property, other goods, and also provide assistance in the fight against international terrorism and suppression of illegal interference at airports of the Russian Federation in the activities of international civil aviation;

7) carry out, within their competence, currency control of operations related to the movement of goods and vehicles across the state border, in accordance with the legislation of the Russian Federation on currency regulation and currency control;

8) maintain customs statistics of foreign trade;

9) ensure the fulfillment of the international obligations of the Russian Federation in terms of customs affairs, carry out cooperation with customs and other competent authorities of foreign states, international organizations dealing with customs issues;

10) provide information and consultation in the field of customs affairs, provide state bodies, organizations and citizens with information on customs issues in the prescribed manner;

11) conduct research work in the field of customs affairs.

Relationships in the system of customs authorities are based on the principle of a combination of centralization and decentralization.

Centralization is expressed in strict hierarchical subordination and control of lower bodies of the customs system by higher ones.

Decentralization is manifested in the presence of each customs authority with strictly defined competence to carry out customs affairs on the territory under its jurisdiction and the combination of a single centralized leadership with the initiative and responsibility of lower customs authorities for the performance of the functions assigned to them.

In fulfillment of the functions assigned to them, customs authorities have the right to issue legal acts of management (both normative and individual in nature), mandatory for execution by all subjects - participants in legal relations regulated by the norms of customs law.

An important distinctive feature of customs authorities, which determines their place in the system of executive power, is the implementation of law enforcement and law enforcement functions in their activities within the framework of the powers granted to them by law.

Therefore, customs authorities carry out the tasks assigned to them both independently and in cooperation with other government bodies, enterprises, institutions and organizations, as well as with citizens.

At the same time, state bodies and their officials are obliged to assist customs authorities in solving the tasks assigned to them, including by creating appropriate conditions for this. This applies, first of all, to financial and tax authorities, border service authorities, transport authorities and many others, which are closely related functionally to customs authorities and are part of the state mechanism.

Thus, the mechanism of the state represents a unified system of state bodies that exercise the functions of power and control on behalf of the state and rely in their activities on the coercive apparatus (armed forces, police, etc.). An important element of this mechanism is the customs authorities

Control questions

Each of us, when we hear the word “state,” automatically imagines a large collection of people living in a certain territory. Moreover, they all have a similar mentality and language of communication. However, the state is a somewhat different phenomenon than the one we all think about. To understand its features, it is necessary to look into the origins of the countries. Initially, they simply did not exist. On earth there were only tribal communities that united people along tribal lines.

Over time, this feature has completely changed. It became clear that the tribal community could not effectively organize the activities of a large group of people. Therefore, people develop a more perfect and cumbersome structure, which the state becomes. It differs from similar systems in its size, the presence of a regulator of social relations and, of course, the existence of a mechanism. At different times, there were different views on the problems of the mechanism of the state. With the development of fundamental legal sciences, knowledge about this category has been streamlined and acquired more quality look. However, the mechanism of the state is not just a theoretical category. It is a normatively regulated structure, which is built according to certain principles and has a number of its own functions.

State: concept and features

All existing categories today are complementary. Thus, in order to analyze the mechanism of the state, the concept, structure, meaning, functions of which will be presented below, it is necessary to highlight the features of the title category. Such, as we understand, in this case is a power. The features of this category explain many rather interesting points. In the classical version, the state is a unique form of organization of society in a certain territory. However, each country must have certain characteristics that give it the right to be called a power. Such features include territory, sovereignty and, of course, law and order. Only in the presence of these aspects of reality is a socio-political association recognized by the state. However, with such a definition, a logical question arises: what is the mechanism of a country?

State mechanism: concept

Over the course of many centuries, people have improved the mechanism of governing countries. Theoretical work in this area led to the creation of the principle of division of power, different political and territorial regimes, etc. But the most important result of activity in this area was the mechanism of the state. The concept, characteristics, and structure of this category are currently being actively considered by many scientists. However, there are general views on this issue. If we take into account the most general specifics, then the mechanism of the state is a concept that characterizes all bodies and institutions of state power. That is, in this case we are talking about official departments that directly carry out the most important functions of the country. The category has many features and its own composition of fundamental principles. Its existence and quality plays a large role in the activities of each individual country. Therefore, improving the mechanism of the state is not only a theoretical issue, but also a practical one. After all, the standard of living of the population depends on this.

Difference of concepts

Many scientists in their scientific works very often raise the issue of the relationship between the terms “state mechanism” and “state apparatus”. The point is that some theorists completely identify the concepts, while others talk about their complete opposite. This raises the question: how do the mechanism, the apparatus of the state, the concept, the structure of which are quite similar, relate? According to one theory, the state apparatus is a term that characterizes all government bodies that exist in a particular country. The mechanism of the state is in this case a broader phenomenon. It characterizes not only all official departments, but also their functions, features and principles of the system, etc. Thus, the mechanism, apparatus of the state, the concept, the structure of which is similar, are completely different phenomena.

Key features of the category

The mechanism of the state, concept, structure, the meaning of which we are now considering, is endowed with a number of specific features. They talk about the most interesting aspects of the entire system of government bodies and their activities. In addition, it is thanks to the signs that in science today there are such categories as the mechanism of the state, the concept, structure, and functions of a given phenomenon. Some of the most obvious features of the category include:

Thus, key features of this kind indicate the exceptional position of the mentioned category not only in legal science, but also in practical activities the country as a whole. Therefore, the concept of the mechanism of the state, the structure of the mechanism of the state are those direct objects that should be studied as fully as possible.

Fundamental operating principles

The concept of the mechanism of the state, the structure of the mechanism of the state are all those factors that exist due to the presence of the initial provisions of the category mentioned in the article. It should be noted that the principles of the state mechanism determine its specificity and, most importantly, help to highlight the main directions of its work. Today, there are five fundamental principles on which the entire category is built. Their number may vary depending on the specific theoretical view of the entire issue. But the classical theory still takes its toll. In accordance with its provisions, the basic principles of the organization and all activities of the state mechanism are: subordination, transparency, legality, competence, professionalism. Therefore, the concept of the mechanism of the state, the structure of the mechanism of the state should be studied taking into account the presented features. This must be taken into account.

Structure of the mechanism of the state of the Russian Federation

Any system consists of a number of specific elements, each of which has its own level of importance. The structure of the state mechanism consists of three interconnected elements. Each of them performs its own functions and also has a specific place in the overall hierarchy. Thus, the structure of the state mechanism includes:

Features of authorities

The structure of the state mechanism, briefly discussed in this article, contains such an element as official departments. They are special associations of employees and are engaged in the implementation of the country's policies. Distinctive feature government bodies is the presence of power. In other words, departments can use coercion to ensure certain legal relations. In addition, the activities of such bodies embody the basic principles of the country’s mechanism.

Features of government organizations and employees

The smallest link in the entire apparatus of the country is the employees. They are part of the structure of certain government bodies, and their legal status is distinguished by the presence of special, exclusive powers at some points. Employees directly implement the functions of the departments in which they work, and also modernize their activities.

The concept of the mechanism of the state, the structure of the mechanism of the state are interconnected categories that make it possible to understand the features of the entire phenomenon. When analyzing them, it becomes clear that the country can be governed not only through the command of the government. Great importance have organizational issues. Therefore, the structure of the Russian mechanism includes government organizations, institutions and enterprises. They are not vested with authority, but their functions are no less in demand. As a rule, such organizations include scientific, medical institutions, etc.

Conclusion

So, in the article we examined the structure of the state mechanism. Its concepts and elements were also presented earlier. In conclusion, it should be noted that theoretical study This category is still required, since it is of exceptional importance for the activities of the Russian Federation as a whole.

The state really operates, manifests itself only as a system, as an ordered set of special bodies, groups of people who manage the affairs of society on its behalf and within the limits of the powers granted. Such groups act constantly and, as a rule, on a professional basis, which sets them apart from society and puts them above society. may take one or another part in the affairs of the state, but ultimately state bodies and officials must bear personal responsibility for the effectiveness of their work.

State mechanism - is a system of government bodies designed to exercise state power, tasks, etc. The mechanism of the state is that real organizational and material force, with which the state carries out this or that policy.

The mechanism of the state and the state apparatus

In legal science, the concepts of “state mechanism” and “state apparatus” are usually used as synonyms, although there is a point of view according to which

- The state apparatus is understood as a system of bodies that directly carry out management activities and are endowed with authority for this purpose, and
- The concept of “mechanism of the state” includes, along with the state apparatus, also state institutions and organizations, as well as “material appendages” of the state apparatus (armed forces, police, penal institutions, etc.), on the basis of which the state apparatus operates.

There is a scientific position according to which the state apparatus refers to all the organs of the state in statics, and the mechanism of the state refers to the same organs, but in dynamics. When studying the apparatus of the state, they speak first of all about the purpose, order of formation, and competence of this or that state body, and when studying the mechanism of the state - directly about the activities of state bodies, about their relationship with each other in the process of carrying out certain functions of the state (V.V. Lazarev , S.V. Lipen).

IN educational literature The concepts of “mechanism” and “apparatus” of the state are usually recognized as coinciding in scope and content. It is believed that the term “mechanism” only emphasizes the integrity of the apparatus, its focus on effective activity.

Characteristic features of the state mechanism:

1. it represents a system, i.e. an ordered set of government bodies interconnected;
2. its integrity is ensured by common goals and objectives;
3. its main element is government bodies with authority;
4. it is the organizational and material force (lever) with the help of which the state exercises its power and achieves specific results.

Mechanism modern state It is distinguished by a high degree of complexity and the variety of its constituent parts, blocks, and subsystems.

Under structure of the state mechanism understand its internal structure, the order of arrangement of its links, elements, their subordination, correlation and interconnection.

The mechanism of the state includes

- legislative bodies (parliament),
- the president and his administration,
- executive bodies (government, ministries, departments, state committees, governors, etc.),
- judicial bodies (constitutional, supreme, arbitration and other courts),
- prosecutorial and other supervisory authorities,
- law enforcement agencies (police, tax police, armed forces), etc.

The structure of the state mechanism includes:

1. government bodies(parliament, president, government, ministries, departments, state committees, governors, administrations of territories and regions, etc.);
2. state organizations(armed forces, security services, police, tax police, etc.);
3. government institutions (libraries, clinics, hospitals, post offices, telegraphs, research institutes, universities, schools, theaters, etc.);
4. state enterprises;
5. civil servants(officials) specially involved in management;
6. organizational and financial resources, as well as coercive force necessary to ensure the activities of the state apparatus.

More details

Government bodies are in close relationship and subordination in the exercise of their direct power functions. The peculiarity of these bodies is that they have government powers, i.e. such means, resources and capabilities that are associated with the strength of the state, with the adoption of generally binding management decisions (parliament, president, government, ministries, departments, state committees, governors, administrations of territories and regions, etc.).

State organizations- these are such divisions of the state mechanism (its “material appendages”) that are called upon to carry out the protective activities of a given state (armed forces, security services, police, tax police, etc.).

Government agencies- these are those divisions of the state mechanism that do not possess powers of authority (with the exception of their administrations), but carry out direct practical activities to perform state functions in social, cultural, educational, scientific fields(libraries, clinics, hospitals, post office, telegraph, research institutes, universities, schools, theaters, etc.).

State enterprises- these are such divisions of the state mechanism that also do not have power (with the exception of their administrations), but carry out economic activity, produce products or provide production, perform various works and provide numerous services to meet the needs of society and make a profit.

Civil servants (officials) specially involved in management, differ in their legal status in the mechanism of the state. Depending on their powers, they can be divided into the following types:

1. persons holding positions related to the direct execution of the powers of a government body (president, head of government, ministers, etc.);
2. persons holding positions to directly ensure the powers of the above-mentioned employees (assistants, consultants, advisors, etc.);
3. persons holding positions established by government bodies to exercise and ensure the powers of these bodies (referents, specialists, heads of structural divisions of the apparatus, etc.);
4. persons who do not have administrative powers (doctors in state medical institutions, university teachers, other employees who receive wages at the expense of the state budget).

The mechanism of the state and its structure do not remain unchanged. They are influenced by both internal (cultural-historical, national-psychological, religious-moral characteristics, territorial size of the country, level economic development, balance of political forces, etc.) and external (international situation, nature of relationships with other states, etc.) factors.

Concept and characteristics of a government body

The primary and most important structural element of the state mechanism is the state organ.

Government body - this is a link (element) of the state mechanism that participates in the implementation of state functions and is endowed with authority for this purpose.

Signs of this organ:

1. Although the state body has a certain independence, autonomy, it serves as part of a single mechanism of the state, takes its place in the state machine and is firmly connected with its other parts.

2. A state body consists of civil servants who are in a special legal relationship between themselves and the body. They are abstracted from family, civil and other relations that have no connection with public service and are official. The position and duties of civil servants are determined by law and ensure their legal status. The scope and procedure for their use of power is also established by law and specified in job descriptions, staffing tables etc. Civil servants also include officials who have power, issue legal acts, and independently implement them. State employees do not directly produce material goods, so their maintenance is entrusted to the society. They receive a salary in a government agency according to their position.

3. State bodies have an internal structure (structure). They consist of units, held together by the unity of goals for the achievement of which they were formed, and by the discipline that all employees are obliged to observe.

4. The most important feature of a state body is the presence of competence - powers (a set of rights and obligations) of a certain content and scope. Competence is determined by the subject matter, i.e. specific tasks and, which are decided and implemented by the state body. Competence is usually legally established (in the constitution or current legislation). The exercise by a state body of its competence is not only its right, but also its obligation.

5. According to its competence, the state body has powers, which are expressed:

- the ability to issue binding legal acts. These acts can be normative or individually defined (acts of application);
- in ensuring the implementation of legal acts of state bodies through the application various methods, including methods of coercion.

6. To exercise its competence, a state body is endowed with the necessary material base, has financial resources, its own bank account, source of financing (from the budget).

7. The state body actively participates in the implementation of state functions, using appropriate forms and methods for this.

According to the method of occurrence they are divided into primary and derivative. The primary bodies of the state are not created by any other bodies. They either arise in order (hereditary monarchy) or are elected according to a set procedure and receive powers from the voters (representative bodies). Derivative bodies are created by primary bodies, which vest them with power. These include executive and administrative bodies, prosecutorial bodies, etc.

By volume of power State bodies are classified into higher and local. True, not all local bodies are government (for example, local governments). The highest bodies of the state most fully personify state power, which extends to the territory of the entire state. Local state bodies operate in administrative units (counties, districts, communes, districts, provinces, etc.), their powers extend only to these regions.

By breadth of competence state bodies of general and special competence are distinguished. Bodies of general competence are competent to resolve a wide range of issues. For example, the government, by executing laws, actively participates in the implementation of all functions of the state. Bodies of special (sectoral) competence specialize in performing one function of one type of activity (Ministry of Finance, Ministry of Justice).

State bodies are elected and appointed, collegial and individual. The mechanism of the state and the classification of its highest bodies are directly influenced by the principle of separation of powers, in accordance with which legislative, executive and judicial bodies are created.