Signs of the state body and the concept of

The state mechanism, as a complex system of democracy, determines an important place for each individual element, which acts the state body. The process of governing the country is characterized by the material and material component, which managed to find its embodiment in the instruments of power included in the main administration and coordination by the state.

Place of state bodies in the study of legal sciences

The signs of the 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 several legal sciences.

In particular, the theory of state and law denotes the notion and signs of a state body, emphasizing directly its essence as an instrument for the realization of power in the country. This branch of jurisprudence, as an administrative law, pays attention to the consideration of the structure of executive bodies, their legal relations with citizens, the sphere of powers and competence.
In the institute of civil law, the concept and characteristics of the state body are predetermined by the legal relationships of the property nature, where a separate element of the state mechanism is regarded as a legal entity.

Principles of functioning of state bodies

Just like any organization, the structural units of the government apparatus are a human collective, carried out by each of its representatives professional activity, the establishment of common goals and the achievement of them according to the developed regulations. In fact, these characteristics of the state body can rightly be attributed to the principles of the functioning of all institutions, regardless of the form of ownership. Since in addition to general features, it is the state apparatus that has special indicators, which distinguishes the bodies of state administration among all organizations.

The state body, the concept, the signs, the types of which are conditioned 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, establishing a model of functioning and the specific position of an individual body.

Purpose of public authority

Most authors and publicists in the scientific legal literature indicate the following characteristic features inherent in individual components of the state apparatus (ie, specific features of the state body).

Only the state body is able to carry out the tasks assigned to it by the state. The peculiarities of the state structures, first of all, stem from their social purpose, and then from the peculiarities of the formation and election procedures. For example, the Constitution of the Russian Federation states that the President of the Russian Federation is the guarantor not only of the current legislation, but also of observing in accordance with it the rights and freedoms of citizens at all socio-political levels.

Regulated order of formation of state structures

The formation of a specific state structure is necessarily accompanied by approved regulations and rules. As a rule, the Constitution and the normative legal acts adopted in accordance with it, orders and orders of the authorized bodies establish the very procedure for the appearance of a state body and the granting of its specific functions. According to the Constitution of the Russian Federation, the assignment of powers beyond the proper procedure for forming an organ is punishable.

Authority of state bodies

Signs of the public authority, in contrast to the main characteristics of the organization, contain a position such as the existence of public authority.

Due to a special form of activity, this category consists of several sub-items interconnected, among which:

- authority to directly address issues relating to public and state interests within the country;

- Legislative law (authority to compose, approve and issue normative and legal and subordinate acts mandatory for execution by other state bodies, local authorities, self-government, individual officials, public associations, citizens of the country and foreigners, documents that characterize the individuality of the action);

- the right to carry out legal actions that have legal significance (issue of certificates, registration of legal facts, etc.).

As well as the main features of the state body, enforcement of legislative acts and subordinate legal and regulatory documents, including with the help of instruments of state coercion, and control over it, is its characteristic feature.

Competence of state bodies

The concept of "competence" of the state body is here an integral element, within which it exercises its powers. This is a complex of rights and responsibilities in a certain field of activity. The state body, the concept, the signs, the types of which play a decisive role in this issue, and the objects of its conduct determine the appropriate functions for the full-fledged organization of state power activity.

In addition, each state body is characterized by the formulation of a specific task, the fulfillment of which intends further activities, the specifics of the exercise of its functions, rights, duties. All this can be brought together in a specific organizational and legal form of activity.

Activities of government bodies approved at the state level

Such signs of the government body are reflected in the main law of the Russian Federation - the Constitution, a set of federal laws, presidential decrees, by-laws. In order to understand what is at stake, it is sufficient to refer to Article 99 of the Constitution of the Russian Federation, which defines the Federal Assembly as a regular operating 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 the 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, can not go against the general definition of the term "state". Therefore, there is nothing surprising in that the characteristic property of these structures is responsibility.

Differences of state bodies from other state organizations

Listing a few basic signs of the state body, we can formulate its meaning. In fact, this is part of the state machinery, the mechanism acting on behalf of the state, endowed with a designated scope of authority within the competence? And implementing the guiding functions in the predetermined area of social relations. At the same time, the form and methods of carrying out this activity are specific and peculiar only to the given body.

The above-described signs of government allow us to believe that not all institutions, enterprises and organizations are a state body. Despite the fact that all of them can have a state form of ownership, from each other they are distinguished by a significant difference. First and foremost, enterprises can not be called an organ of the state, since none of them is endowed with state-power powers. Any organization is a direct object to which the powers of the authorities are subject.

Local government and state bodies

Signs of the state body have some similarity with local government. Acting on the territory of Russia and functioning alongside state organs, local self-government is endowed with special powers due to a specific legal nature. In the mechanism of the state apparatus this system does not participate. However, the features of state bodies described above largely coincide with those of local non-state bodies. In particular, the procedure for their formation and formation is indicated by regulations, which are also conditioned by the tasks and interests of the state.

Implementing their activities in a specific organizational form, and possessing some power, self-government bodies can not be called representatives of the authorities. At the same time, their availability is necessary, since quality self-management on the ground without it will not be achieved.