俄罗斯联邦联邦行政当局属地机构的组织和法律形式以及行政和法律地位的差异

IF 0.2 Q4 LAW
A. P. Demin
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引用次数: 0

摘要

本文的研究对象是规范俄罗斯公共行政地域性特征的行政立法规范。在“公共权力制度”定义形成的背景下,所选择的主题得到了一定的更新,这在理论层面上并没有得到充分的涵盖。这项研究的目的是评估联邦执行机构的领土机构活动的法律规章的现状。在权力垂直运行的背景下,有必要统一它们的行政和法律地位,因为公共权力体系的统一是2020年宪法改革的成果。方法论和研究方法。作为研究方法论的基础,笔者选择了基于已确立的辩证认知原则的形式法律方法。在它的帮助下,揭示了在联邦主体中充分行使国家行政权力的领土机构的组织不透明的问题。本研究的主要科学成果是建立在行政机关的地域和中央划分过度制度化、下级法律规制优先的假设之上的。事实证明,在这种情况下,公共行政的效率和公民社会对公法机构的信任都可能下降。结论。根据联邦行政当局属地机构的法律性质,可以得出结论,它们处于等级从属地位,但与此同时,它们被赋予充分行使法律赋予其管辖范围的权力。在没有一个单一的规范性行为来详细说明公共权力行使的宪法基础的情况下,它们中的大多数是按照管理有关联邦行政当局活动的实体颁布的规范性行为所规定的方式建立的。这种做法有潜在的缺陷,降低了公共行政的有效性。建立一个透明的公共行政机制的最佳办法是放弃用附则对联邦行政当局的领土机构的行政和法律地位进行法律管制的做法。附则在联邦行政当局领土机构结构内的权力分配方面可能具有一定的潜力,但是,“地位”规范应列入一项单独的联邦法律的规定,规定联邦行政当局领土机构的设立、转变和解散的程序。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Organizational and legal forms and differences in the administrative and legal status of the territorial bodies of the federal executive authorities of the Russian Federation
The subject of the study is the norms of administrative legislation regulating the territorial features of public administration in Russia. The chosen topic receives a certain update against the background of the formation of the definition of "system of public authority", which is not fully covered at the doctrinal level. The purpose of the study is to assess the current state of legal regulation of the activities of territorial bodies of federal executive bodies. In the context of the functioning of the power vertical, there is a need to unify their administrative and legal status, since the unity of the public authority system is the achieved result of the constitutional reform of 2020. Methodology and research methods. As the basis of the research methodology, the author chose the formal legal method, based on the established principles of dialectical cognition. With its help, the non-transparency of the organization of territorial bodies exercising the fullness of state administration in the subjects of the federation was revealed. The main scientific results of the study are built around the hypothesis of excessive institutionalization of the territorial and central divisions of the executive authorities with the priority of subordinate legal regulation. It has been proved that in this case, both the efficiency of public administration and the trust in public law institutions on the part of civil society may decrease. Conclusions. Based on the legal nature of the territorial bodies of the federal executive authorities, it can be concluded that they are in hierarchical subordination, but at the same time they are endowed with the full implementation of the powers attributed by law to their jurisdiction. In the absence of a single normative act that would detail the constitutional foundations for the exercise of public authority, most of them are established in the manner prescribed by the normative act issued by the entity that manages the activities of the relevant federal executive authority. This practice has hidden defects that reduce the effectiveness of public administration. The best way to create a transparent mechanism of public administration is to abandon the practice of legal regulation of the administrative and legal status of the territorial bodies of federal executive authorities by by-laws. By-laws may have a certain potential in terms of the distribution of powers within the structure of the territorial body of the federal executive authority, however, “status” norms should be present in the provisions of a separate federal law regulating the procedure for the establishment, transformation and liquidation of the territorial bodies of the federal executive authority.
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