To answer the question, what are the types of executive power, you should first familiarize yourself with an understanding of it as such. It is a separate branch of government that performs its administrative functions on the basis of laws. This article will disclose the concept and legal status of the executive branch, talk about its bodies and their powers.
The concept
In accordance with the principle proclaiming the separation of powers, the executive branch is an independent, independent branch of government. Fulfilling its main purpose, it must organize the implementation of those provisions that are recorded in the Constitution of a country and in its laws.
The activities of the executive branch to carry out this task proceed as part of the management process and are aimed at satisfying the public interests, needs and needs of the population. To achieve this goal, this government resorts to the exercise of its powers, using public law tools, mainly administrative ones.
The executive branch exercises direct control over all aspects of the life of the state that are socially significant. She is not only guided by laws, but also executes them.
In the process of implementing the legislative acts, the executive branch implements certain actions on its own initiative. In other words, she orders. Based on laws and specific situations, its representatives may, by applying unilateral power of will, oblige them to take the necessary steps. In this case, administrative coercion is allowed.
The main forms of activity
As already mentioned, the executive branch is such a branch of government that not only carries out activities to enforce laws, but also issues orders within the limits provided by legislation. She does all this in accordance with the basic forms of administrative activity prescribed to her. Here we are talking about (about):
- issue of executive legal acts related to management;
- the use of administrative and control powers;
- conclusion of administrative contracts;
- conducting organizational events.
Structure
When studying the types of executive power, it is necessary to consider its hierarchical structure from the point of view of its institutions. It consists of:
- executive authorities and the existing organizational and legal relations between them, which include, for example, coordination, subordination, control;
- corps of public servants;
- legal structure, represented by a system of norms that determine the competence of bodies, officials, different in volume.
The hierarchical structure is the organizational basis of the executive branch. The mechanism of its work provides for the exercise of its powers in the framework of a specific administrative procedure.
Administrative authority
The powers of the executive branch, which characterize its hierarchical subordination, include a whole range of powers, of which we can distinguish such as law:
- make decisions, that is, outline the content of the activity, perform a volitional act in order to solve the problem;
- command - give orders that are binding;
- to appoint and remove from the post;
- implement coercion on a legitimate basis;
- to replace, that is, to be able to carry out actions instead of the lower instance in the event that it does its business incorrectly;
- to cancel acts of lower instances if they are illegal or inexpedient;
- spend entrusted amounts of resources;
- control the work of lower authorities;
- resolve conflicts between subordinate bodies related to issues of their competence and rights.
Administrative procedure
The executive branch always exercises its powers as part of the administrative procedure, which is designed to ensure the implementation of its inherent functions. This procedure consists in observing a certain order, in accordance with which the imperious activity of bodies of this type of power is carried out, solving managerial problems and resolving specific individual cases.
The administrative procedure concerns, for example, the regulation of:
- the procedure for publishing legal acts of management;
- registration of pensions to citizens;
- consideration of their appeals.
Expressed in everyday operational management, the essence of the type of power in question and in its role in public administration, which is performing in nature, is revealed through the diversity of its functions.
Functions
When they talk about the main functions of the executive branch, they are talking about (about):
- implementation of managerial and organizational activities, the direction of which is the implementation of laws and the implementation of state policy in various spheres of public life;
- administrative rule-making, i.e., sub-legislative regulation;
- administrative control of compliance with legal norms and mandatory rules in order to ensure the rule of law and the legality of public administration - conducting investigations and inspections;
- implementation of the state licensing policy, which includes registration, licensing, certification;
- the direct provision of the security of society as a whole and of individual citizens, the protection of law and order - this means the police function;
- information support of state authorities and information and analytical activities;
- administrative enforcement described below.
Administrative enforcement
Its implementation is carried out in two forms:
- The first of these is expressed in operational-executive activities, the basis of which is the implementation of the requirements contained in legal norms, as well as positive regulation through individual legal acts.
- The second is manifested in jurisdictional activities carried out by administrative means and aimed at resolving managerial conflicts, protecting legal norms from violations, ensuring their implementation and prevention.
The specified functions of the executive branch are implemented through the specific functions of the types of executive branch represented in the form of its organs.
Authorities
The executive authority is such a state body that has the right on behalf of the state to exercise its functions within its competence, to solve those problems that arise in the process of public administration.
Executive power can be exercised only through their bodies. The order of their education and activities, as well as their functions, competence, methods and forms of activity are determined in accordance with laws, regulations and other normative acts.
Each of the executive bodies is created in order to carry out a strictly defined type of activity in public administration. Together with this, they characterize a number of specific features that distinguish them from other power structures.
Next, we will talk about government bodies in the Russian Federation.
Federal administration
The system of executive power in the Russian Federation consists of a set of state bodies, the forms and types of which are determined by the Presidential Decree of August 14, 1996, No. 1176. Their structure may be subject to change. It all depends on whether the goals and priorities of state policy regarding individual branches of government will change. The composition of the executive branch of the Russian Federation at the federal level includes bodies that represent the following legal forms:
- the ministry;
- state committee;
- federal commission;
- federal Service;
- Russian agency;
- federal supervision.
The following is a description of them.
Types of executive power of the Russian Federation (bodies)
Among them are:
- The ministries of the Russian Federation, which are federal executive bodies, called upon to implement state policy and carry out management in the corresponding field of activity. In cases indicated by law, they coordinate the activities of other federal bodies in this area, which are executive. Each of them is headed by a federal minister, a member of the Government of Russia.
- The state committees and state commissions of the Russian Federation on a collegial basis carry out intersectoral coordination, which relates to issues of their conduct, and the functional regulation of a certain area of activity.
- Federal services and Russian agencies, as well as federal supervision, carry out a number of special functions in certain areas of activity. These are control, executive, regulatory, permissive and other functions. They are headed by: in the first case, the head or director; in the second - the general director; in the third - the boss. All of these managers are appointed and removed from it by the Russian Government. The exception is the heads of those bodies that are subordinate to the President.
Territorial bodies
In Russia, the executive branch exercises its authority not only through central, but also through territorial structures. This happens when the federal bodies form similar structures. They are created, for example, by the Ministry of Justice, the Ministry of Defense, the Ministry of Foreign Affairs, Gosatomnadzor and many others, forming the territorial level of the executive system. As a rule, they are called directorates or headquarters.
They are headed by their bosses, who are appointed and removed by the head of the corresponding federal body, coordinating these steps with the head of the executive branch in the subject. The latter have the right to make proposals on the work of these bodies to the President of the Russian Federation and the Government for consideration.
In the subjects of the Russian Federation
Executive power in these entities is carried out on the basis of the Law of 06.10.1999 No. 184-FZ. It says that it is headed by the highest executive body of the relevant entity. In those areas that belong to the joint jurisdiction of Russia and its constituent entities, the executive bodies create a single system. In Russian entities, the structure of the executive branch is determined by the persons who head them.