The state mechanism, as a complex system of democracy, defines an important place for each individual element, which is a state body. The process of governing the country is characterized by an objective material component, which managed to find its embodiment in the tools of power included in the main apparatus of administration and coordination of the state.
The place of state bodies in the study of legal sciences
Signs of a state body are proportional to the main task and the purpose of its functioning. Since it is with his help that the state is governed, the problems of the existence of the entire system of state bodies, as a vital mechanism, are studied in the framework of several legal sciences.
In particular, the theory of state and law denotes the concept and characteristics of a state body, focusing directly on its essence as an instrument for exercising power in a country. Such a branch of jurisprudence as administrative law pays attention to the consideration of the structure of executive bodies, their legal relations with citizens, the sphere of authority and competence.
In the civil
law institute
, the concept and features of a state body are predetermined by legal relations of property nature, where a separate element of the state mechanism is considered as a legal entity.
Principles of functioning of state bodies
Just like any organization, the structural units of the state administration apparatus are a human collective, professional activity carried out by each of its representatives, setting common goals and achieving them according to the developed regulations. In fact, these signs of a state body can rightfully be attributed to the principles of functioning of all institutions, regardless of ownership. Since in addition to general features, it is the state apparatus that has special indicators, this distinguishes the organs of sovereign government among all organizations.
A government body, a concept, signs, the types of which are determined by the political and legal orientation of the country, as such, is an organization representing the public and general interests of the state. Hence the need for legal regulation that establishes a functioning model and the specific position of an individual body.
Purpose of the state body
Most authors and publicists in the scientific legal literature indicate the following characteristic features inherent in individual components of the state apparatus (i.e., specific features of a state body).
Only a state body is able to carry out the tasks assigned to it by the state. Features of sovereign structures, first of all, follow from their social purpose, and then from the originality of the formation, election procedure. For example, the Constitution of the Russian Federation states that the President of the Russian Federation is the guarantor of not only the current legislation, but also the observance of the rights and freedoms of citizens in accordance with it at all socio-political levels.
The regulated procedure for the formation of state structures
The formation of a specific state structure is necessarily accompanied by approved provisions and rules. As a rule, the Constitution and normative legal acts adopted in accordance with it, orders and decrees of authorized bodies establish the very rules for the emergence of a state body and its specific functions. According to the Constitution of the Russian Federation, the appropriation of power beyond the proper procedure for the formation of an authority is punishable.
The power of government
Signs of a public authority, in contrast to the main characteristics of the organization, contain such a position as the presence of state-power authority.
Due to the special form of carrying out activities, this category consists of several sub-items that are interconnected, among which:
- The power to directly address issues related to public and state interests within the country;
- Legislative law (the power to compile, approve and publish normative legal and by-laws binding upon other state bodies, local authorities, self-government, individual officials, public associations, citizens of the country and foreigners; documents that are characterized by individuality of action);
- The right to carry out legal actions of legal importance (issuing certificates, registering legal facts, etc.).
As well as the main features of a state body, the enforcement of laws and by-laws and regulations, including with the help of state coercion tools, and control over it, serves as its characteristic feature.
State authority
The concept of “competence” of a state body is here an integral element within which it exercises its authority.
This is a set of rights and obligations in a certain field of activity. The state body, the concept, the signs, the types of which play a decisive role in this matter, and its subjects determine the appropriate functions for the full organization of state power activity.
In addition, each state body is characterized by the formulation of a specific task, the implementation of which is intended for further areas of activity, the specifics of the implementation of its own functions, rights, and obligations. All this can be brought together into a specific legal form of activity.
The activities of government bodies approved at the state level
Such signs of a public authority are reflected in the main law of the Russian Federation - the Constitution, many federal laws, presidential decrees, by-laws. To understand what is at stake, it is enough to refer to Article 99 of the Constitution of the Russian Federation, which defines the Federal Assembly as a regularly acting body. Then, the regulation determines the order and organizational aspects of the work of the State Duma and the Federation Council. It is known that a session is the only form of activity of each chamber of the Federal Assembly. Also established at the legislative level and the importance of the Government, the judiciary.
The concept of public authorities, the signs of each of them, cannot go against the general definition of the term “state”. Therefore, it is not surprising that the characteristic property of these structures is responsibility.
Differences between government agencies and other government organizations
Having listed several fundamental signs of a state body, its meaning can be formulated. In fact, is this part of the state apparatus, a mechanism acting on behalf of a power, endowed with a designated scope of authority within the framework of competence? and implements leadership functions in a predetermined area of public relations. Moreover, the form and methods of carrying out this activity are specific and peculiar only to this body.
The above characteristics of government bodies suggest that not all institutions, enterprises and organizations are the state body. Despite the fact that all of them can have a state form of ownership, they are distinguished from each other by a significant difference. First of all, enterprises cannot be called a state body, since not one of them is endowed with state power. Any organization is a direct object to which the powers of the authorities extend.
Local government and government
Signs of a state body have some similarities with local governments. Acting on the territory of Russia and functioning along with state bodies, local self-government is endowed with special powers due to the specific legal nature. This system is not involved in the mechanism of the state apparatus. However, the features of state bodies described above largely coincide with those of local non-state bodies. In particular, the order of their formation and formation is indicated by the regulation, also determined by the tasks and interests of the state.
Self-government bodies that implement their activities in a specific organizational form and have some power powers cannot be called government representatives. Moreover, their presence is necessary, since high-quality independent management on the ground without it will not be possible to achieve.