What does not apply to the elements of the mechanism of the state. state mechanism. Government departments. State body: concept, features, types

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Course work

" Mechanismstates"

mechanism stateconstitutional body

Introduction

1. The concept of the mechanism of the state

1.1 Signs of the mechanism of the state

1.2 Structure of the mechanism of the state

2. State bodies - one of the elements of the structure of the mechanism of the state

2.1 The concept of public authorities

2.2 Classification of state organs

3. The mechanism of the modern Russian state

3.1 Principles of operation of the modern mechanism of the Russian state

Conclusion

List of used literature

Introduction

At a certain stage in the development of society, a need arises for its specific, separate organization. Losing social homogeneity, society is divided into parts that differ in place and role in the system of social production and the division of material wealth.

In each of these social groups, in addition to common interests, specific interests also appear. There is a need for harmonization, coordination of such interests, in the regulation of relations between various parts of society. It was this need that became the reason for the emergence of an organization whose main purpose is to ensure the unity and integrity of society. Such an organization is the state. The state is the organization of the political power of the dominant part of the population, with the help of which its integrity and security are ensured, the leadership and management of society is carried out.

The state really acts, manifests itself as a system, a set of special bodies, teams of people who manage the affairs of society on its behalf and within the limits of the powers granted. Such collectives operate constantly and, as a rule, on a professional basis, which distinguishes them from society and puts them above society. Citizens can take part in one way or another in the affairs of the state, but in the end it, its bodies are personally responsible for the effectiveness of their work.

Thus, the mechanism of the state is understood as a system of special bodies and institutions through which the state administration of society and the protection of its main interests are carried out. The mechanism is the most important constituent element of any state.

The relevance of this course work lies in the fact that any political regime is impossible without the subjects of its implementation, which are the apparatus of power, state bodies, institutions, organizations, officials.

The goals and objectives of this work are:

1) Answer the question, what is the mechanism of the state, determine its characteristic features and structure;

2) Analyze the classification of state bodies;

3) Consider the principles of the mechanism of the modern Russian state

Object of study: the mechanism of the state.

Subject of study: features, structure, principles of functioning of state bodies and the principles of the mechanism of the modern Russian state.

Research methods: system method (used in the analysis of the concepts of "state mechanism", "state body", "executive bodies"), the method of comparative legal analysis (the study of issues related to the types of state bodies and their place in the legal system of states), the method forecasting and a special (historical) method.

1. conceptmechanismstates

1.1 signsmechanismstates

So, the mechanism of the state is a set of state bodies exercising state power and ensuring the implementation of the functions of the state.

The most common characteristic features of the state mechanism are expressed in the following:

Firstly, the mechanism of the state consists of people who are specially involved in management (lawmaking, enforcement of laws, their protection from violations).

Secondly, the state mechanism is a complex system of bodies and institutions that are closely interconnected in the exercise of their direct power functions.

Thirdly, the functions of all links of the state apparatus are provided with organizational and financial means, and, in necessary cases, with coercive influence.

Fourthly, the mechanism of the state is designed to reliably guarantee and protect the legitimate interests and rights of its citizens. The sphere of power of state bodies is limited by law, which ensures the most harmonious, fair relations between the state and the individual.

1 .2 Structuremechanismstates

At various stages of the development of human society, the mechanism of the state had its own characteristics, a peculiar structure. This is due to economic, social reasons, the national composition of the population of the state, the size of its territory, geographical location and other factors.

Already in ancient Eastern and ancient European countries, the mechanism of the state had a rather harmonious system. It consisted of the head of state (monarch or collegiate body), central institutions, officials, local authorities, officials, army, court, police and other state structures.

Thus, the main organs of state power of the Roman Republic were the Senate, popular assemblies, and magistrates.

With the centralization of the medieval state, its mechanism becomes much more complicated. A branched administrative apparatus appears: various ministries, central departments, special judicial institutions; the police apparatus, intelligence and other state bodies are being improved. The military squads of individual feudal lords are gradually turning into a centralized regular army. In addition, church institutions and religious organizations were of great importance in solving the problems facing the state.

The mechanism of the state is a system that, in turn, has signs of integrity (such a property that is based on the fact that there are uniform principles of organization and activity) and hierarchy. Hierarchy implies a structural organization, the primary elements (parts) of which are state bodies and institutions, interconnected by subordination and coordination.

And the actual conscious activity is carried out by civil servants (officials, managers). To ensure it, instruments (institutions) of coercion are needed - armed detachments of people, prisons, etc., in accordance with the technical level of the era. Actually, with the help of such a mechanism, power is exercised and the functions of the state are performed. The structure of the mechanism of the state differs in different states. Many factors influence the mechanism of the state, which bodies it will consist of:

1. The stage of development at which the state is located (the mechanism of the first states was weak, undeveloped);

2. Features of the historical development of the country, the events of a particular historical period;

3. The size of the territory;

4. The national composition of the population (for example, in multinational states there are bodies involved in solving national problems);

5. Geographical position of the country;

6. Scientific discoveries, technical inventions and their use in the practical activities of people.

All these factors affect the mechanism of a particular state indirectly. The political regime influences the mechanism of the state more significantly.

One subsystem (part) of the mechanism of the state is formed by the highest bodies of the state: representative, head of state, government. They are usually in the field of view of the public, the media, and public opinion is formed around them. Another subsystem is the law enforcement agencies, the court, the prosecutor's office, as well as law enforcement agencies (army, police, intelligence). The latter carry out the decisions of the highest bodies of the state, including the methods of state coercion (military suppression, police measures).

The structure of the mechanism of the state includes:

1) State bodies that are in close relationship

and subordination in the exercise of their direct power functions.

A feature of state bodies is that they have state-imperious powers, i.e. such means, resources and opportunities that are associated with the power 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.);

2) State organizations are such subdivisions of the mechanism of the state (its “material appendages”), which are called upon to carry out the protective activities of this state (armed forces, security services, police, tax police, etc.);

3) State institutions are such subdivisions of the mechanism of the state that do not have power (with the exception of their administrations), but carry out direct practical activities to perform the functions of the state in the social, cultural, educational, scientific spheres (library, clinic, hospital, telegraph , research institute, university, school, theater, etc.);

4) State enterprises are such subdivisions of the mechanism of the state that also do not have power (with the exception of their administration), but carry out economic and economic activities, produce products, or provide production, perform various works and provide numerous services to meet the needs of society, making profit (we can talk about state-owned plants, factories, etc.);

5) Civil servants (officials), specially engaged in management. Civil servants differ in their legal position in the mechanism of the state. Depending on their powers, they can be divided into the following types: a) persons holding positions related to the direct execution of the powers of a state body (deputies, president, head of government, ministers, etc.); b) persons holding positions to directly ensure the powers of the above-mentioned employees (assistants, consultants, advisers, etc.); c) persons holding positions established by state bodies to exercise and ensure the powers of these bodies (referents, specialists, heads of structural divisions of the apparatus, etc.); d) persons who do not have administrative powers (doctors in state medical institutions, university professors, other employees who receive wages from the state budget); organizational and financial means, as well as coercive force necessary to ensure the activities of the state apparatus.

The mechanism of the state and its structure do not remain unchanged. They are constantly changing and improving. They are influenced by both internal (cultural and historical, the level of economic development, etc.) and external (international situation, the nature of the relationship of the state with other states, etc.) factors. If the state has a large territory, then its management system will be appropriate, including the general structure of the mechanism of the state (general federal bodies of state power and administration and bodies of state power and administration of the subjects of the federations).

State bodies are the most important link in the structure of the mechanism of the state, I will reveal the concept of state bodies and their classification in the next chapter.

2 . Statebodies-onefromelementsstructuresmechanismstates

2.1 conceptstatebodies

The mechanism of the state consists of various parts that have a specific structure and perform their own functions. The main element of this mechanism is the body of the state.

The organ of the state is an integral part of the mechanism of the state, which, in accordance with the law, has its own structure, strictly defined powers to manage a specific area of ​​public life, organically interacting with other parts of the state mechanism, forming a single whole. As can be seen from the definition, the state body has certain features:

1. All state bodies are formed in accordance with the legislative procedure, which determines their competence, in other words, the formation and functional activities of the state body (carried out on a strictly legal basis).

State power is characterized by the fact that: a) the procedure for the formation and activities of a state body, its structure and competence (rights and obligations) are fixed by the rule of law; b) the body of the state is endowed with the right to issue legal acts containing mandatory general and individual legal prescriptions corresponding to its competence; c) the prescriptions established by these acts are provided, first of all, with measures of persuasion, education, encouragement, organization and are protected from violations by the possibility of using coercive force of the state; d) the state body relies on the material support for the fulfillment of legal instructions emanating from it, thanks to the ability to dispose of a certain part of the unified fund of state property within its competence.

In the concept of state authority, the unity and organic interconnection of the state and law, the mechanism of the state as a whole and a separate state body are especially clearly manifested. Only if an organization or institution has all the above interrelated elements that form the concept of state power, it can be determined that this is a state body. The presence of state-imperious powers, the possession of them is the most important feature of a state body, in close connection with which there are other features of it.

2. The body of the state is an independent element of the state apparatus, acts specialized in the system of other bodies.

3. Each state body performs its own functions in accordance with its competence, role and place in the mechanism of the state. The state and its mechanism function through separate state bodies. It follows from this that the functions of the state as a whole are carried out through the implementation of the functions of individual state bodies. This or that state body, performing its functions, thereby simultaneously participates in the performance of various functions of the state.

4. To perform their functions, state bodies have the necessary material resources, which include various kinds of material values, as well as numerous and diverse organizations, enterprises and institutions, although they perform current state work, but in themselves are not state bodies.

5. State bodies closely interact with each other. They form a single social organism, the main task of which is to ensure the normal functioning of society, the protection of the legitimate rights and interests of the individual, the protection of external security and the territorial integrity of the state.

6. The idea of ​​a state body would be incomplete without indicating that its physical embodiment is the people that make up this body - an individual or a group, a team of people.

Extending to the organ of the state the obligatory attribute of any organization as an association, a collective of people, it should, however, be noted that when it comes to the physical embodiment of the organ of the state, we mean not people in general, but only those who fill public positions, are government employees.

According to the Federal Law “On the Fundamentals of the Public Service of the Russian Federation”, public positions are divided into:

1) public positions of category “A” - public positions of the Russian Federation established by the Constitution of the Russian Federation, federal laws, and public positions of the constituent entities of the Russian Federation established by the constitutions, charters of the constituent entities of the Federation for the direct execution of the powers of state bodies (President of the Russian Federation, Chairman of the Government of the Russian Federation, chairmen of the chambers of the Federal Assembly of the Russian Federation, heads of legislative and executive authorities of the constituent entities of the Russian Federation, deputies, ministers, judges, etc.);

2) public positions of category “B”, established in accordance with the procedure established by the legislation of the Russian Federation to directly ensure the execution of the powers of persons replacing positions of category “A”. Category “B” includes public positions in the Administration of the President of the Russian Federation, the Office of the Government of the Russian Federation, in the apparatus of the chambers of the Federal Assembly of the Russian Federation, the Constitutional Court, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, legislative and executive authorities of the constituent entities of the Russian Federation, etc .;

3) public positions of category “B”, established by state bodies for the execution and provision of their powers. The Federal Law under consideration contains a definition of the public service, which is understood as professional activity to ensure the execution of the powers of state bodies. It includes the performance of official duties by persons replacing public positions of categories “B” and “C” (clause 1, article 2). In accordance with this, this Law resolves the issue of the concept of a civil servant. A civil servant is a citizen of the Russian Federation who, in accordance with the procedure established by federal law, performs the duties of a public position in the civil service for a monetary reward paid at the expense of the federal budget or the budget of the corresponding subject of the Russian Federation (clause 1, article 3). Civil servants of federal state authorities, state authorities of the constituent entities of the Federation, as well as other state bodies formed in accordance with the Constitution of the Russian Federation, are recognized by this federal Law as civil servants of the Russian Federation (clause 2, article 3).

The body of the state, as a general rule, consists of a collective, a group of civil servants, for example: the Government of the Russian Federation, the Ministry of the Russian Federation or the State Committee of the Russian Federation, the Supreme Court of the Russian Federation or the Supreme Arbitration Court of the Russian Federation, regional, regional administration. However, in some cases, a state body may be embodied in one person holding a public position, coincide with it, for example: the President of the Russian Federation, the president of a republic within the Russian Federation, the Prosecutor General of the Russian Federation.

The considered signs of a state body in their totality and organic relationship reveal the concept of a state body and allow us to formulate its definition. The body of the state is a legally formalized, organizational and economically separate part of the state mechanism, consisting of civil servants, endowed with state powers and the necessary material means for the implementation, within its competence, of the tasks and functions of the state.

The versatility and complexity of the activity of the state mechanism for the implementation of the tasks and functions of the state determines the multitude of its bodies. A deeper and more specific understanding of them is facilitated by the classification of state bodies by type based on various scientifically based criteria.

2.2 Classificationbodiesstates

Many organs can be classified on various grounds:

1) according to the principle of separation of powers (legislative, executive, judicial bodies);

2) depending on the organizational and legal forms of activity and competence, bodies are distinguished: representative, executive and administrative, judicial and control and supervision.

Among the administrative and executive bodies:

a) bodies of the socio-cultural sphere,

b) economic bodies,

c) law enforcement agencies.

3) depending on the methods of formation, they distinguish:

a) primary organs

b) derivative organs.

Primary organs are formed directly by the people or are historically formed. Derivative bodies are formed by some other state body, are formed from the composition of the primary ones or by appointment (the State Duma is primary, the government is derivative).

4) depending on the field of activity:

a) higher authorities

b) central authorities,

c) local authorities.

5) in accordance with the federal structure of the state:

a) federal (central),

b) bodies of subjects of the federation.

The main classification is the classification of state bodies according to the content of their powers:

1) representative (legislative) bodies - carry out legislative activity. In the Russian Federation - the Federal Assembly, the Dumas of the subjects of the federation

2) executive-administrative - they are engaged in the execution of the prescriptions of laws, for which they issue by-laws and individual-power orders. In the Russian Federation - the President, the Government, ministries, departments;

3) judicial bodies - administer justice.

4) supervisory authorities.

5) local governments.

State authorities can be federal and subjects of the federation (in unitary states there is no such division, it is associated with the federal structure of the Russian Federation). Local self-government bodies differ from state authorities in the amount of power (narrower). For them, the principle of separation of powers is not legally binding (for example, both the mayor's office and the city duma can be created within the city, or a single local government can operate).

Supervisory bodies differ from state authorities in specific - supervisory - powers. They do not issue obligatory decrees and do not apply state coercion on their own, but supervise compliance with the law and have special forms of response (for example, a protest by the prosecutor), and if violations of the law are not eliminated, they apply to state authorities - the court, which can take coercive measures to lawbreakers. The Prosecutor's Office is not a public authority. It is a supervisory body with specific powers.

We will consider the most important types of organs of the mechanism of the state (legislative, executive and judicial bodies).

Representative state bodies include legislative institutions and local authorities and self-government. They are formed by their election by the population of the country, act on its behalf and are responsible to it.

The functions of the legislative power are carried out by the highest representative bodies of the state. The legislature occupies a dominant position in the mechanism of the state, since, in accordance with the principle of separation of powers, the legislative power is the most important. It establishes generally binding requirements that the executive branch must enforce and which serve as the legislative basis for the activities of the judiciary.

In a democratic state system, the highest representative and legislative body is the parliament. He represents the sovereignty of the people, and he alone is authorized to express: the will of the people in the form of law.

"Parliament" is a generic term. In England, India, Canada, Finland, Japan and a number of other countries, the legislature is directly referred to as parliament. In other countries, this state body is called differently (for example, the Sejm - in Poland, the Folketing - in Denmark, the Althing - in Iceland, the Congress - in the United States of America).

Parliaments may have a bicameral or unicameral structure. In federative states, parliaments consist of two chambers - lower and upper, which in principle have the same legislative powers (in the United States - this is the House of Representatives and the Senate, in Austria - the Federal Council and the National Council, in India - the People's Chamber and the Council states). In the Federal Republic of Germany, legislative powers are exercised by the lower house, the Bundestag, and the Bundesrat, which represents the lands, can only slow down the adoption of a law by protesting the bill in the Federal Constitutional Court.

A bicameral parliamentary system also exists in some unitary states. This is largely due to the desire for a more stable balance of power between the executive and legislative powers, in which the unrestricted power of one house is restrained by the creation of a second house formed on a different basis (for example, the House of Commons and the House of Lords in England).

Unicameral parliaments exist mainly in countries with a more or less homogeneous national composition of the population or small in size (Hungary, Denmark, Poland, Finland).

Under parliaments, various committees and commissions (permanent and temporary) are formed and operate, which are designed to ensure more efficient operation of the legislative body. They work on specific issues within the competence of the parliament: budgetary and financial activities, international affairs, health care, are in charge of social policy, the fight against crime, national defense and others.

Along with direct lawmaking, the parliament has supreme financial powers, exercises control over the executive branch, and also decides other important issues of the state life of society.

In civilized countries, the highest executive authorities are responsible for their activities to the parliament.

This is expressed as follows:

First, the head of state, by decision of the highest representative bodies of state power, is deprived of his powers;

Second, the government resigns at the same time as the head of state;

Thirdly, the parliament can deprive individual members of the government of their mandate and appoint new ones in their place;

Fourth, in accordance with the principles underlying the parliamentary system, the dissolution of parliament at the request of the head of state or government is accompanied by their responsibility to parliament.

Parliamentary control is designed to ensure that the legislature is aware of the ongoing government policy, contributes to its social utility by constitutional methods and really guarantees the free development of the individual.

The representative and legislative permanent body of the Russian Federation is the Federal Assembly. This is the first Russian parliament after the October Revolution, for the former Supreme Soviet was only formally called a parliament, but never really was.

The Federal Assembly of the Russian Federation, consisting of two chambers - the Federation Council and the State Duma, is endowed with broad powers, the main among which is the publication of federal laws.

The system of representative and legislative bodies of state power as an integral structural part of the mechanism of the Russian state, along with the Federal Assembly of the Russian Federation, also includes legislative and representative bodies formed by the constituent entities of the Russian Federation.

In the vast majority of countries, the head of state acts as the bearer of the highest executive power. In constitutional monarchies, the head of state is formally the monarch. Based on constitutional norms or by virtue of established traditions, the monarch has a number of rights in relation to parliament: the right to convene sessions, dissolve the lower house, appoint members of the upper house, approve and publish laws, and in some cases the right to "veto". In Japan, in accordance with the current Constitution, the emperor, on the proposal of parliament, approves the prime minister, on the proposal of the government, the chairman and members of the Supreme Court, confirms the appointment and resignation of members of the government, convenes parliament, and gives consent to acts of amnesty and pardon. Usually the monarch is considered the supreme commander and represents the country in international relations. In fact, all these powers on his behalf are exercised by the government and its bodies. According to the same Constitution of Japan, all actions of the emperor relating to the affairs of the state can be taken only with the advice and approval of the government, and the government is responsible for them.

In republican countries, the head of state is usually the president. In general, the powers of the President are as follows:

The President receives foreign diplomatic representatives, appoints ambassadors;

Ratifies international treaties and agreements; - is the commander-in-chief of the armed forces of the country. In a number of countries, in accordance with constitutional law, the president has the right to:

Dissolve Parliament, adjourn the session or postpone its convocation; -- refuse to approve the bill and submit it for a second consideration of the Parliament.

The head of state in the presidential republics has the broadest power. As already noted, this is typical for the United States, where the president, in addition to the above powers, has the right to appoint and dismiss ministers (secretaries), as well as all senior civil and military officials. He issues decrees that regulate various aspects of public life and are acts of the highest executive power.

In parliamentary republics, the role of the president is much more modest. Being the head of state, he only formally represents the highest executive power, since in reality it is exercised by the head of government. In such states, the dissolution of parliament, although formalized by presidential decree, is carried out by decision of the government; acts of the president have no legal force without the signature of the head of government.

The government is the highest executive and administrative body of state power, which directly manages the country. In different countries, governments have different names: for example, the cabinet of ministers, the council of ministers.

The government is headed by the head of government, who is called the prime minister, chairman of the council or cabinet of ministers, first minister, chancellor. The government consists of members of the government who head the central departments (ministries, departments), which are called ministers, secretaries, state secretaries. The government also includes deputy heads of government and assistant ministers.

On all issues within its competence, the government accepts wounds and issues legal acts, publishing them on its own behalf or on behalf of the head of government.

In unitary states, only one government is formed, in federal states - a general federal government and governments of members of the federation.

Governments are either coalition or one-party. In the first case, they include representatives of two or more parties, in the second - only one party. Coalition governments are formed, as a rule, in states with a parliamentary form of government.

Ministries, departments, other central institutions. The list of ministries and other central state institutions varies from country to country. Despite this, all of them are designed to ensure the security of the country, maintaining public order, effective and optimal management of the main and most important aspects of society: the economy, social construction.

Ministries and departments are formed on the basis of those specific tasks that they must solve. So, to ensure the normal state administration of American society, fourteen ministries operate in the Cabinet of Ministers of the United States: the State Department (Foreign Affairs), the Ministries of Finance, Defense, Justice, the Interior, Agriculture, Trade, Labor, Health and Social Services, Housing and Urban construction, transport and others.

Other central departments can be formed under the government (for example, a committee for foreign economic relations, for religious affairs). Among the specific bodies and institutions of executive power are law enforcement agencies (police, police), state traffic police, corrective labor institutions; state security agencies, armed forces. They differ from other executive bodies in the structure, content and methods of their activities. When solving the tasks of protecting law and order, ensuring the security of the state, and defending the country from outside attack, coercive measures may be applied, including with the use of military equipment and weapons, which is not typical for other executive bodies.

Local executive power is exercised either by local self-government bodies, or by officials appointed by the central government, or jointly by the crown and local bodies, with a strict delimitation of their competencies. If in Japan local executive power is fully exercised by self-government bodies, then in Italy it is limited to the so-called commissioners, who are appointed by the central government and coordinate the activities of regional governments; in the provinces and communes, along with their own councils, administrative functions are carried out by the prefect and the council of the prefecture, which are appointed by the president. Local governments in Austria have considerable autonomy. All the main issues of organizing local life are decided by the land governments, the board of local and regional communities together with the representative bodies of the lands and their administrative-territorial units.

In the Russian Federation, the highest federal body exercising executive power is the Government, which consists of the Chairman of the Government of the Russian Federation, Deputy Chairmen of the Government of the Russian Federation and federal ministers.

The court is a state body that administers justice in the form of resolving criminal, civil and administrative cases in the procedural order established by the laws of this state. In modern countries, the activities of the courts are aimed at ensuring constitutional foundations, protecting the legitimate rights and interests of citizens and organizations.

In the system of state authorities, the judiciary acts as the main balancing mechanism, which makes it possible to effectively direct the actions of the legislative and executive powers within the legal framework. The court system includes various specific judicial institutions: civil, administrative, military, transport and other courts.

Being independent of other authorities, the court relies only on the law and only obeys it. In the administration of justice, he is guided by such democratic principles as the equality of all before the law and the court, the participation of jurors, the right of the accused to defense, and the publicity of the trial.

The entire system of courts is headed by the supreme judicial bodies, which in many countries simultaneously perform the functions of a constitutional court. In some countries, constitutional courts are not included in the system of courts of general jurisdiction. Members of the constitutional court are either elected by the parliament or appointed by the president, or by the president, parliament and other higher authorities and justice at the same time. Along with exercising constitutional supervision, the constitutional court has the right to interpret the constitution.

Thus, the US judicial system includes federal courts, state courts and local courts. The federal system is made up of district courts, district courts (appellate courts), and the U.S. Supreme Court. All judges of this system are appointed personally by the President with the consent and approval of the Senate. The US Supreme Court is the court of first instance and deals with the most important cases, supervises the activities of the lower courts. The US Supreme Court also serves as the constitutional court.

In Italy, the judicial system includes the Supreme Court of Cassation, the civil courts, the criminal courts, and the courts of appeal.

A separate place in the mechanism of the state is occupied by the Constitutional Court, consisting of 15 judges appointed (by thirds) by the president, a joint meeting of the chambers of parliament and the Supreme General and Administrative Magistracy, including senior officials of the judicial department. In England, all judges are appointed by the monarch.

In the Russian Federation, the members of the Constitutional Court are approved by the bicameral parliament. In other countries, there are different rules for the formation of the judiciary. However, the prevailing rule among them is that judges are not elected, but appointed for life, which increases the stability of justice and guarantees the independence of the judiciary from other public authorities.

In some countries, the prosecutor's office is an integral part of the court, while in others it is organizationally separated from it. The functions of the prosecutor's office usually consist of investigating crimes, taking action against violators of law and order, and authorizing arrests. The prosecutor's office supports the prosecution in the courts, performs the functions of overseeing the observance of the rule of law in the country. In the exercise of judicial power, the prosecutor's office plays an auxiliary role, but its activities are necessary to maintain the rule of law in a state of law.

The judicial power of the Russian Federation is exercised through constitutional civil, administrative and criminal proceedings. The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and federal constitutional law.

The Constitutional Court of the Russian Federation consists of 19 judges The main provisions of the Constitutional Court of the Russian Federation are spelled out in Article 125 of the Constitution of the Russian Federation

The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.

The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.

3 . MechanismcontemporaryRussianstates

3.1 PrinciplesactivitiescontemporarymechanismRussianstates

The construction and operation of the mechanism of the state is carried out on the basis of certain principles of an objective nature. Their comprehensive consideration, both in the formation of state bodies and in the process of their functioning, makes it possible to ensure the maximum efficiency of public administration of society.

The principle of democracy is manifested in the democratic organization of the state, the republican form of government, in which the bearer of sovereignty and the only source of power in the Russian Federation is its multinational people. The people exercise their power through various channels, including directly (for example, elections of the president and representative bodies of state power) or through local governments. However, a special place in the list of means of exercising the power of the people of the Russian Federation is occupied by the mechanism of the state represented by its constituent bodies.

The principle of humanism in the formation and operation of the mechanism of the Russian state is based on the fact that it is a social state whose policy is aimed at meeting the spiritual and material needs of the individual, ensuring the well-being of man and society.

The Constitution of the Russian Federation in Art. 2 for the first time among the foundations of the constitutional system proclaimed: “Man, his rights and freedoms are the highest value. Recognition, observance and protection of the rights and freedoms of man and citizen is the duty of the state”. This constitutional requirement is addressed to all organs of the state without exception, to every civil servant. This provision marks a fundamental turn in the relationship between the citizen and the state. Of course, it cannot happen overnight, but it is important that the new Constitution guarantees it as the main path of Russia's development.

The principle of separation of powers, according to which state power is exercised on the basis of division into legislative, executive and judicial, and the bodies of each of these branches of power are independent, is, as noted, a system-forming factor in the mechanism of the modern Russian state.

The principle of federalism in the formation and operation of the state mechanism is determined by the fact that the Russian Federation consists of equal subjects: a republic, a territory, a region, a city of federal significance, an autonomous region, an autonomous district. In relations with the federal authorities, the subjects of the Russian Federation are equal among themselves. According to the principle of federalism, the mechanism of the state is formed and functions in accordance with the Constitution of the Russian Federation, the Federal Treaty on the delimitation of subjects of jurisdiction and powers between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Federation and other agreements within the competence of state bodies. Accordingly, the federal executive authorities and the executive authorities of the subjects form a single system of executive power in the Russian Federation.

The federal state structure of Russia ensures the unity of its state mechanism, a reasonable combination of centralization and decentralization of power in it, equality and self-determination of peoples within the Russian Federation.

The principle of legality in the formation and operation of the mechanism of the Russian state is that, according to Art. 15 (p. 2) of the Constitution of the Russian Federation, state authorities and officials, as well as local governments, citizens and their associations, are required to comply with the Constitution of the Russian Federation and laws.

The considered general constitutional principles of the organization and activity of the mechanism of the Russian state are reinforced, developed and concretized in the principles enshrined in federal laws. This group of principles received the most general complex expression in the Federal Law “On the Fundamentals of the Public Service of the Russian Federation”. Along with confirming the constitutional principle of separation of legislative, executive and judicial powers, this normative legal act formulates the following principles:

The supremacy of the Constitution of the Russian Federation and federal laws over other regulatory legal acts, job descriptions in the performance of civil servants' duties and ensuring their rights;

Priority of human and civil rights and freedoms, their direct effect;

The duty of civil servants to recognize, observe and protect the rights and freedoms of man and citizen;

The unity of the system of state power, the delimitation of jurisdiction between the Russian Federation and the constituent entities of the Russian Federation;

Equal access of citizens to public service in accordance with their abilities and professional training;

Obligation for civil servants of decisions taken by higher state bodies and managers within their powers and in accordance with the legislation of the Russian Federation;

The unity of the basic requirements for public service;

Professionalism and competence of civil servants;

Publicity in the implementation of public service;

Responsibility of civil servants for prepared and adopted decisions, for failure to perform or improper performance of their official duties;

Non-partisan public service; separation of religious associations from the state;

Stability of civil servants in state bodies.

These principles should also include: a combination of collegiality and unity of command; economy of public service. The fulfillment of the last principle is especially important in the current conditions of the existence of an overgrown administrative apparatus.

The above principles of the formation and operation of the state mechanism as a system of state bodies, considered in interconnection and interaction, give the mechanism of the state the purposefulness, unity and integrity necessary for its successful functioning.

Conclusion

The mechanism of the state, as a system of organs and institutions through which the implementation of external and internal functions of the state is ensured, is a living, constantly developing organism. Its evolution in specific historical conditions is determined by many factors, including the form of government of the state, socio-economic and political conditions, national characteristics, management traditions, the degree of integration of the state into the world community, etc. The arrangement of the mechanism of the state and the creation of a legal basis for its functioning is one of the main tasks of any constitution. The whole huge horizontally and vertically branched mechanism of power must work in concert, dividing the spheres of regulation, covering all aspects of society.

The state, in order to perform its functions, creates a system of state bodies, which together form the state apparatus. It is a properly organized, well-coordinated complex political mechanism, which includes numerous and diverse bodies. Each of the bodies has a certain structure, powers, tasks and goals to achieve which their activities are aimed, and operates within strictly defined limits.

The following features are characteristic of state bodies, which make it possible to distinguish them from other bodies:

1) the legal basis for the activity, i.e. organization, structure, functions, tasks and goals, the competence of state bodies is determined by the current legislation;

2) the presence of power, including the use of coercion in necessary cases;

3) act on behalf of the state;

4) publication of binding acts (regulatory and law enforcement) within the limits of their competence;

The system of state organs, as well as their internal structure, is not frozen, with a change in the functions of the state, the system of its organs also changes, and with a change in the tasks assigned to a particular body, the structure of the body may also undergo changes.

The system of state bodies is significantly influenced by the form of government and the state structure.

All state bodies form a hierarchically built system, i.e. they are in certain relationships of subordination and operate on the basis of the principle "only what is expressly enshrined in law is permitted". In other words, they cannot perform those functions or use those powers that are not expressly provided for in the act of their education and competence.

Consequently, the unilateral weakening of legislative, executive-administrative or law enforcement activities inevitably leads to failure to fulfill the entire range of tasks of the state.

Thus, the mechanism of the modern state is the material force that is able and must ensure the harmonious development of public life, protect the legitimate interests of its citizens and their associations, act as a guarantor of a stable, reasonable policy in the international arena.

WITHlist of used literature

1.Constitution of the Russian Federation. Moscow: Prospekt, 2011.

2. Federal Law of July 31, 1995 N 119-FZ "On the fundamentals of the public service of the Russian Federation"

3. Alekseev S.S. State and law. Initial course. M., 1993.

4. Alekseev S.S. Theory of law. M., 1994.

5. Vengerov A.B. Theory of State and Law: Textbook for Law Schools. - M.: New Lawyer, 1998

6. Komarov S.A. General theory of state and law in schemes and definitions. - M.: Yurayt, 1998

7. Komarov S.A. General theory of state and law. M., 1997

8. Lazarev V.V. Theory of Government and Rights. -M.: 1998.

9. Matuzov N.I.; A.V. Malko. Theory of Government and Rights. M., 1997

10. Marchenko M.N. The theory of rights and the state. Part 1. M., 1998. S. 183.

11. General theory of law. Ed. Pigolkina A. S. M., 1996.

12. General theory of law and state. Ed. Lazareva V.V. M., 1994.

13.Theory of law and state. Ed. Manova G. N. M., 1995.

14. Theory of state and law. Course of lectures./ Ed. M.N. Marchenko. M., 1997.

15. Khropanyuk VN Theory of state and law. M., 1993.

16. Khropanyuk V.N. Theory of State and Law: Reader. M.: 1998

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The concept of the mechanism and apparatus of the state, its structure, principles of organization and activity. State body: concept and features. The President and the Verkhovna Rada of Ukraine: status and powers. Characteristics of executive and judicial authorities in Ukraine.

Mechanisms of the state - a system of bodies directly carrying out managerial activities and endowed with power - state institutions and organizations, as well as material appendages of the state apparatus - the armed forces, the police, relying on which the state apparatus operates.

Signs of the mechanism of the state:

1. It is a system, that is, an ordered set of state bodies interconnected with each other;
2. Its integrity is ensured by common goals and objectives that unite different government departments into a single organism, orienting them towards solving common problems;
3. Its main element is the state bodies with powers of authority;
4. It is an organizational and material lever by which the state exercises its power and achieves concrete results;

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

The structure of the mechanism of the state consists of:

1. State bodies - have state-power powers, that is, such means, resources and opportunities that are associated with the power of the state with the adoption of general managerial measures;
2. State organizations - such subdivisions of the mechanism of the state, which are called upon to carry out the protective activities of this state - the armed forces, the security service, the police;
3. State institutions are such subdivisions of the mechanism of the state 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 fields, these include libraries, clinics, hospitals, post office, universities, schools;
4. State enterprises - also do not have power, but carry out economic activities, produce products or provide production, perform various works and provide numerous services to meet the needs of society and make a profit;
5. Organizational, financial and other means, as well as coercive force, are necessary to ensure the activities of the state apparatus;

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

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

The state apparatus consists of:

1. Legislative authorities;
2. Executive authorities;
3. Judicial authorities;
4. supervisory authorities;
5. Diplomatic bodies;

The mechanism of the state is the totality of all state bodies exercising its functions, both those with state power and those without it.

Thus, the mechanism of the state can include:

1. Bodies included in the apparatus of the state;
2. Power structures such as the armed forces, internal troops, special units, prisons, colonies;
3. Administrations of state enterprises and organizations;

Principles are fundamental requirements for the construction and operation of the organs of the state.

Currently, the principles of organization and activities of the state apparatus include.

The state really acts, manifests itself only as a system, as an ordered set of special bodies, teams of people who manage the affairs of society on its behalf and within the limits of the powers granted. Such teams operate permanently and, as a rule, on a professional basis that distinguishes them from society and puts them above society. may take one or another part in the affairs of the state, but in the end, state bodies, officials must bear personal responsibility for the effectiveness of their work.

State mechanism - this is a system of state bodies designed to exercise state power, tasks and. The mechanism of the state is that real organizational and material force, at the disposal of which the state pursues this or that policy.

The mechanism of the state and the state apparatus

In legal science, the concept of "mechanism of the state" 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 managerial activities and are endowed with authority for this, 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, penitentiary institutions, etc.), relying on which the state apparatus operates.

There is a scientific position, according to which the apparatus of the state refers to all the organs of the state in statics, and the mechanism of the state - the same organs, but in dynamics. Studying the apparatus of the state, they primarily talk about the appointment, formation procedure, competence of a state body, and studying the mechanism of the state - directly about the activities of state bodies, about their relationship with each other in the process of implementing 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 productive activity.

Characteristic features of the mechanism of the state:

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

The mechanism of the modern state is characterized by a high degree of complexity, a variety of its constituent parts, blocks, subsystems.

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

The mechanism of the state includes

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

The structure of the mechanism of the state includes:

1. 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 office, telegraph, research institutes, universities, schools, theaters, etc.);
   4. state enterprises;
   5. civil servants(officials) specially engaged in management;
   6. organizational and financial means, as well as coercive force necessary to ensure the activities of the state apparatus.

More

State bodies are in close relationship and subordination in the exercise of their direct power functions. The peculiarity of these bodies is that they have state-imperious powers, i.e. such means, resources and opportunities that are associated with the power 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 subdivisions of the mechanism of the state (its "material appendages"), which are called upon to carry out the protective activities of this state (armed forces, security services, police, tax police, etc.).

Government agencies- these are such subdivisions of the mechanism of the state that do not have power (with the exception of their administrations), but carry out direct practical activities for the performance of the functions of the state in the social, cultural, educational, scientific fields (libraries, clinics, hospitals, post office, telegraph, research institutes, universities, schools, theaters, etc.).

State enterprises- these are such subdivisions of the mechanism of the state, which also do not have power powers (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, making a profit.

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

• 1. persons holding positions related to the direct execution of the powers of a state body (president, head of government, ministers, etc.);
  2. persons holding positions to directly ensure the powers of the above-mentioned employees (assistants, consultants, advisers, etc.);
  3. persons holding positions established by state 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 professors, other employees who receive salaries from the state budget).

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

The concept and features of a state body

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

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

Features of this body:

1. Although the body of the state 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. The body of the state 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 the public service, they are official. The position and duties of civil servants are determined by law and ensure their legal status. The volume and procedure for the use of power powers by them are also established by law and are specified in job descriptions, staffing tables, etc. The civil servants also include officials who have power powers, issue legal acts, independently implement them. Servants of the state do not directly produce material goods, therefore their maintenance is entrusted to the society. They receive a salary in a state body according to their position.

3. State bodies have an internal structure (structure). They consist of divisions held together by the unity of purpose for which they are formed, and by the discipline which all employees are bound to observe.

4. The most important feature of a state body is the presence of its competence - power powers (a set of rights and obligations) of a certain content and volume. Competence is determined by the subject matter, i.e., specific tasks and that are solved and performed by the state body. Competence is usually legally fixed (in the constitution or current legislation). The implementation by the state body of its competence is not only its right, but also its obligation.

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

1. • 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 use of various methods, including methods of coercion.

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

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

By way 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 by established procedure and receive power from the electorate (representative bodies). Derivative bodies are created by primary bodies, which endow them with power. These include executive and administrative bodies, prosecutor's offices, etc.

By scope of power state bodies are classified into higher and local. True, not all local bodies are state (for example, local governments). The highest bodies of the state most fully personify the state power that extends to the territory of the entire state. Local bodies of the state function in administrative units (counties, districts, communes, counties, 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, executing laws, actively participates in the implementation of all the 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, collegiate and individual. The mechanism of the state, the classification of its supreme bodies, is directly influenced by the principle of separation of powers, in accordance with which legislative, executive and judicial bodies are created.

Each of us at the word "state" automatically represents a large set of people living in a certain territory. At the same time, they all have a similar mentality and language of communication. However, the state is a somewhat different phenomenon than what we all think about. To understand its features, it is necessary to look into the origins of the emergence of 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 a tribal community cannot effectively organize the activities of a large group of people. Therefore, people develop a more perfect and cumbersome structure, which is becoming a state. 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 a better form. However, the mechanism of the state is not only 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 currently existing categories are complementary. Thus, in order to disassemble the mechanism of the state, the concept, structure, meaning, the functions of which will be presented below, it is necessary to highlight the features of the titular 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 peculiar form of organization of society in a certain territory. However, each country must have some features that give it the right to be called a power. These features include territory, sovereignty and, of course, the rule of law. Only in the presence of these moments of reality, a socio-political association is recognized by the state. However, with such a definition, a logical question arises: what is the mechanism of the country?

The mechanism of the state: the concept

For many centuries, people have improved the mechanism of governing countries. Theoretical work in this area led to the creation of the principle of separation of powers, different political and territorial regimes, etc. But the most important result of activity in this area was the mechanism of the state. The concept, features, 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 big role in the process of activity of each individual country. Therefore, the improvement of 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 it.

Concept difference

Many scientists in their scientific works very often raise the problem of the relationship between the terms "mechanism of the state" and "state apparatus". The bottom line is that some theorists completely identify 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, correlate? According to one theory, the state apparatus is a term that characterizes all the authorities 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, signs 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, the concept, the structure, the meaning of which we are now considering, is endowed with a number of specific features. They talk about the most interesting moments of the entire system of public authorities and their activities. In addition, it is thanks to the features in science today that there are such categories as the mechanism of the state, the concept, structure, functions of this phenomenon. The most notable features of the category include:

Thus, such key features speak of the exceptional position of the mentioned category not only in legal science, but also in the practical activities of the country as a whole. Therefore, the concept of the mechanism of the state, the structure of the mechanism of the state - these are the immediate objects that should be studied as fully as possible.

Fundamental principles of operation

The concept of the mechanism of the state, the structure of the mechanism of the state - these 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. To date, there are five fundamental provisions on which the entire category is built. Their number may vary depending on the specific theoretical view of the whole issue. But the classical theory still takes its toll. In accordance with its provisions, the main principles of the organization and all activities of the mechanism of the state are: subordination, publicity, 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.

The 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 is composed of three interconnected elements. Each of them performs its own functions, and also has a certain place in the overall hierarchy. Thus, the structure of the mechanism of the state includes:

Features of authorities

The structure of the mechanism of the state, briefly considered 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 policy. A distinctive feature of state bodies is the presence of power. In other words, departments can use coercion to ensure certain legal relations. In addition, the basic principles of the country's mechanism are embodied in the activities of such bodies.

Features of state organizations and employees

The smallest link in the entire apparatus of the country are employees. They are part of the structure of certain state bodies, and their legal status is distinguished by the presence of special, exclusive powers in some moments. Employees directly implement the functions of the departments in which they work, as well as 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 whole phenomenon. When analyzing them, it becomes clear that it is possible to govern a country not only by means of an imperious decree. Organizational issues are of great importance. Therefore, the structure of the Russian mechanism includes state organizations, institutions and enterprises. They are not endowed with power, but their functions are no less in demand. As a rule, such organizations include scientific, medical institutions, etc.

Conclusion

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

Encyclopedic YouTube

• 1 / 5

  There are several points of view on the relationship between the concepts of "mechanism of the state" and "state apparatus":

  Work principles

  Basic principles of organization and activities of the state apparatus:

  • Representing the interests of citizens in all levels of the state apparatus.
  • Publicity and openness in the activities of the state apparatus.
  • High professionalism and competence.
  • Legality.
  • Subordination and clear interaction between the center and state power of the members of the federation (in federal states).

  The structure of the mechanism of the state

  There are 3 levels in the structure of the mechanism of the state:

  • State bodies - there are powers of authority.
  • State organizations: institutions and enterprises - no authority.
  • Employees - persons working in government bodies or institutions, but do not have the authority (unlike civil servants).

  Features of building the state apparatus in various countries

  The structure of the state apparatus depends on many factors: the organization of state power (separation of powers is denied in totalitarian socialist countries), the political and territorial structure of the state (unitarianism, federalism, the existence of autonomous entities), division into bodies and officials exercising power (for example: legislative body (duma, parliament, judges), and bodies and officials that form the service apparatus (for example, the apparatus of the Government of Russia, court offices, experts - advisers to ministries). However, despite the variety of mechanisms of the state, in their structure there are always distinguished governing bodies and coercive bodies.

  From the point of view of the separation of powers in the state administration, bodies (and sometimes officials) are distinguished legislative, executive And judicial authorities. In the countries of totalitarian socialism, where a different concept is adopted, there are different bodies of state power, bodies of state administration, courts and prosecutors.

  Organs legislative authorities are represented by nationwide structures (duma, council, shura, parliament, and so on) (and in some countries, such as Indonesia and Turkmenistan, also over parliamentary bodies), legislative assemblies of federal subjects and political autonomies. There is no administrative subordination between the higher and lower representative bodies. Consistency of actions is ensured as a result of the adoption by higher parliaments of laws that are binding on lower representative bodies. Adjacent to parliaments are some other bodies that are not included in the concept of parliament (the apparatus serving the chambers of parliament and their standing committees, the accounting chamber, the commissioner for human rights, etc.).

  executive branch organized differently. In some countries, according to the constitution, it belongs to the monarch, but in fact, in parliamentary monarchies (Great Britain, Japan, etc.), as it seems to some, he does not have power. The state apparatus in such countries is actually headed by the government (prime minister), who reports (not always) to the monarch. In dualistic monarchies, the monarch really controls the country (Jordan, etc.), while in absolute monarchies (Saudi Arabia, Oman, etc.), the monarch has all the power in his hands.