Commercial organizations

Non-profit organizations

Business partnerships and societies

Production cooperative (artel)

State and municipal unitary enterprises

Consumer cooperative (union, partnership)

Economic partnerships (HT)

Economic societies (ES)

On the right of economic management

HT on faith (limited partnership)

On the right operational management(federal government enterprise)

HO limited liability company

Joint-Stock Company

HO with additional responsibility

Public and religious organizations (associations)

Associations of legal entities

Open JSC

Closed JSC

Rice. 1.1. Organizational and legal forms of legal entities (Sklyarenko V.K., Prudnikov V.M., Akulenko N.B., Kucherenko A.I. Enterprise Economics (in diagrams, tables, calculations): Textbook. M., 2002. P.8.)

According to their organizational and legal form, legal entities that are commercial organizations in accordance with the Civil Code of the Russian Federation can be classified as follows:

business partnerships – general partnership, limited partnership (limited partnership);

business companies – limited liability companies, additional liability companies, joint stock companies (open and closed types);

state and municipal unitary enterprises – based on the right of economic management and operational management;

production cooperatives (artels).

The classification of enterprises as legal entities depending on the goals of economic activity and organizational and legal form is presented in Fig. 1.1 (for more details, see Chapter 4 of the Civil Code of the Russian Federation).

In the world market economy, other associations of entrepreneurs (organizational and economic forms) are created and operate:

1) associations - associations, unions of persons, organizations established by the state;

2) corporations - joint-stock associations of several companies in order to achieve their common goal and protect privileges;

3) trusts - associations of enterprises (a form of monopoly) without the right of legal entity and financial independence, subordinate to a single management;

4) syndicates - associations of entrepreneurs (one of the forms of monopoly) and all commercial activities (prices, sales of products) while maintaining the legal independence of all enterprises included in it;

5) cartels - associations of firms, companies for joint activities while maintaining a legal entity and production independence;

6) concerns - associations of industrial and commercial enterprises subordinate to centralized financial control and management;

7) consortia - associations operating on the basis of a temporary agreement between banks and industrial enterprises for the placement of loans, financial, commercial transactions, investments, etc.;

8) conglomerates - associations of enterprises belonging to various sectors of the economy and not related to direct production cooperation;

9) holding companies - associations that have control over other companies through ownership of their shares and cash capital or the right to appoint directors of controlled companies.

The economic basis of market relations in Russia is property, the forms of which are equally protected by state legislation.

The creation of enterprises is based on the principles defined by law (regardless of the form of ownership) and goes through several stages:

the emergence of an idea to create a new enterprise;

identifying opportunities for using new technologies, equipment and communications;

study of the market, volume of demand, etc.;

selection of suppliers of raw materials and other production factors;

selection of co-founders;

determination of financial opportunities, sources and financial justification;

carrying out organizational events to create enterprises depending on the form of ownership;

state registration, production of seals, stamps, registration with the state tax service, etc.

In accordance with the Regulations on State Registration of Business Entities, registration is carried out by local authorities. Refusal of registration is possible only if violations of existing laws are detected.

The drawn up state registration act is valid for 30 days from the date of issuance of the temporary certificate.

To subsequently register the status of a legal entity, you must:

1) obtaining codes OKPO (all-Russian classifier of enterprises and organizations) and OKONH (all-Russian classifier of organizations by type of activity) from state statistics bodies;

2) registration with the tax office;

3) a certificate from the Ministry of Finance of the Russian Federation confirming that the enterprise is included in the state register;

4) opening a current account in a bank and depositing 50% of the authorized capital into this account;

obtaining permission from the police to make seals and stamps;

print order.

Upon fulfillment of these requirements and the expiration of 30 days, having passed the temporary certificate, the entrepreneur, having received a permanent certificate as an economic entity, acquires legal independence and legal capacity.

Thus, education (institution) can occur through:

– establishment of a new enterprise (co-foundation), i.e. independent formation of the authorized capital or contribution by co-founders of certain shares, contributions to the authorized capital of the established enterprise;

– entry into the field of entrepreneurship;

– buyout of a partner’s share;

– entry into the field of entrepreneurship through inheritance.

All these forms of foundation are included in entrepreneurial activities provided for by the legislation of the Russian Federation.

The founders can be:

state and municipal local governments;

capable citizens, individual entrepreneurs;

legal entities;

business companies (state and municipal) when creating subsidiaries;

Foreign citizens;

voluntary associations of citizens (based on personal labor participation and share contributions);

funds of business companies for the implementation entrepreneurial activity.

The number of founders is not limited by law, except for a closed joint stock company.

The size of the authorized capital (fund) of an enterprise is regulated by the Civil Code of the Russian Federation and laws on individual organizational and legal forms in civil circulation.

Constituent documents include:

– charter of the enterprise (for any form of ownership);

– founders’ agreement (if there are two or more founders);

– application of the founder or person authorized to carry out state registration.

At the meeting of founders the following issues are considered:

– about the organization and company name of the enterprise;

– on the adoption of the charter;

- about the choice of director.

With the transition of the Russian economy to market relations and the inclusion of the country in the world system of foreign economic relations, foreign investors flocked to Russia. New markets, cheap labor, and the presence of favorable natural resources (especially oil and gas, forestry, metallurgy, etc.) attract the possibility of obtaining super-profits.

In the Russian Federation, enterprises with foreign investment, independent or joint, are created in the form of:

– enterprises with equity participation of foreign investments (joint) subsidiaries and branches;

enterprises wholly owned by foreign investors;

– branches of foreign legal entities.

Objects of investment investments can be:

– newly created and modernized fixed assets in economic sectors;

– securities, targeted cash deposits, scientific and technical products, rights to intellectual property, property rights.

The procedure for liquidating an enterprise is determined by Art. 63 of the Civil Code of the Russian Federation. Liquidation (termination of enterprise activity) is carried out by the liquidation commission under the following circumstances:

– the decision of its founders or the expiration of the legal entity;

– merger of enterprises into larger ones with a single centralized management system;

– joining through production and technological cooperation;

– division into a number of independent economic or legal entities;

– separation from a number of merged ones into an independent or parent enterprise;

– transformation into another organizational legal form with the consent of the workforce.

Liquidation by court decision is possible in the following cases:

– insolvency of the enterprise;

– engaging in activities prohibited by law;

– bankruptcy and business insolvency arising from a court decision declaring this collapse, placing full blame for errors or illegal actions on the insolvent debtor.

Liquidation is considered completed after making an entry in the Unified State Register of Legal Entities, and the enterprise is considered liquidated as a legal entity.

The main document establishing the legal status of the company is the Charter (Appendix B), which informs counterparties and other persons entering into relations with the company about the range of its activities, rights and obligations. The Charter determines the organizational and legal form of the enterprise, its name, location, size of the authorized capital, composition and competence of management bodies, the procedure for making or decisions, as well as the categories, par value and number of shares issued.

The total share ownership, constituting the authorized capital, is divided into ordinary shares with a par value of 1000 rubles.

The company operates on the principles of complete self-financing. All activities are carried out at the expense of funds earned by him. The Company independently plans its activities.

2.1 Organizational and production structure and management bodies

The poultry farm includes three departments: first, second and third. The first department specializes in raising sheep and geese. In addition, there is also crop production. The second department is engaged in breeding geese. There is also crop production. The third department performs the functions of the central one. It includes the following workshops: livestock, crop production, mechanization, construction and economics.

The livestock workshop is engaged in the production of poultry products. It consists of two teams and an incubator. The first brigade, in turn, is divided into two groups of workshops. One houses the main flock (laying hens over 150 days old), the other raises young animals. The second brigade, like the first, is divided into two groups of workshops. One contains laying ducks (parent flock). In another group, young ducks are raised. The main task of the incubator is to obtain the maximum number of chicks. Here they are kept for 24 hours, and then sent to workshops and sold to the population.

The highest management body of the CJSC is the general meeting of shareholders, which elects the Board of Shareholders and the General Director. Council members are elected for two years. All decisions of the Council are made by a simple majority of votes. The executive body of the CJSC is the Board, which organizes the implementation of decisions of the general meeting. Management of current activities is carried out by CEO. He is also the Chairman of the Board of Shareholders. The control body of the CJSC is the Audit Commission, which exercises control over financial and economic activities.

The management staff of CJSC Poultry State Farm Rodina includes the director, chief agronomist, chief livestock specialist, chief engineer, head of MTM, department managers, and foremen.

Chief Engineer:

Manages all technical services of the enterprise, systematically improves equipment and production technology;

Ensures the production of competitive products; -ensures increased production efficiency, increased labor productivity, analyzes information on scientific and technical achievements

Within the limits of his competence, acts on behalf of the enterprise; - checks and directs the activities of all structural divisions in the field of technical preparation of production;

Bears responsibility for the quality and timeliness of fulfillment of assigned duties;

Manages the development of long-term development plans for the enterprise;

Manages the activities of the technical services of the enterprise, monitors the results of their work, the state of labor and production discipline in subordinate departments.

Chief Accountant:

Ensures the implementation of economic analysis of the economic and financial activities of the enterprise;

Monitors compliance with established rules for processing the acceptance and release of inventory items;

Monitors the correct expenditure of the wage fund;

Monitors compliance with regular financial and cash discipline.

The chief agronomist controls the implementation of plans and obligations in the crop production industry. Controls the rational use of land, seeds, fertilizers, herbicides, and labor resources. Carries out work on planning and development of the industry. The agronomist provides technological and organizational management of field cultivation. He is obliged to participate in the development of plans, technological maps, self-supporting tasks, organize the execution of work in accordance with established technology and operational plans, and monitor their quality.

The chief livestock specialist carries out and ensures the development and implementation of zootechnical measures aimed at increasing productivity, improving the use of poultry and feed. The chief livestock specialist ensures the safety of feed, draws up a daily routine, feeding rations and feed balances, checks and signs documents on the movement of birds and feed consumption.

Foreman organize the execution of work in accordance with work plans, production technology and standards for the consumption of material resources; ensure compliance by team members with labor and production discipline.

The Code of Administrative Offenses most fully regulates administrative and jurisdictional activities carried out both extrajudicially and in court by the rules of substantive and procedural law.

The objectives of the proceedings are defined: timely, comprehensive, complete and objective clarification of the circumstances of each case; resolving it in strict accordance with the law, ensuring the execution of the decision; identifying the causes and conditions conducive to the commission of administrative offenses; crime prevention; educating citizens in the spirit of observance of laws and strengthening the rule of law (Article 225).

Circumstances are also defined that exclude proceedings in cases of administrative offenses. Proceedings in the case cannot be started, and the started proceedings are subject to termination in the absence of an event and an administrative offense; issuing an act of amnesty if it eliminates the application of an administrative penalty; repeal of the act establishing administrative liability; the expiration by the time the case of an administrative offense is considered of the period established by law for the imposition of administrative penalties (and it can, as a rule, be imposed no later than two months from the date of the offense). These circumstances apply to both individuals and legal entities. In addition, circumstances have been established that exclude proceedings in relation only to individuals. This is a person’s failure to reach 16 years of age at the time of committing an administrative offense; the insanity of a person who has committed an unlawful act or the inaction of a person in a state of extreme necessity or necessary defense; the presence, for the same fact, in relation to the person brought to administrative responsibility, of a resolution of the competent body (official) to impose an administrative penalty, as well as the presence of criminal case invoices on this matter; death of the person against whom proceedings have been initiated.

If, during the consideration of the case, it is discovered that the administrative offense contains signs of a crime, the materials are transferred by the body (official) considering the case to the prosecutor, the preliminary investigation or inquiry body.

It has also been established that the proceedings are carried out on the basis of the legislation in force at the time of the commission of the administrative offense and at the place of its commission (in cases of transport offenses - at the place of registration Vehicle).

The proceedings are conducted in the state language of the Russian Federation or in the state language of the subject of the Russian Federation in whose territory the body (official) authorized to consider the case is located. A person who does not speak the language in which the proceedings are conducted is guaranteed the right to speak in his native (or other) language, as well as to use the services of an interpreter.

Consideration of cases of administrative offenses is carried out on the basis of equality before the law and the body considering the case of all citizens, regardless of social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation, etc.

Cases of administrative offenses are considered openly. If necessary, they can be examined directly at the offender’s place of work, study or residence.

Supervision over the accurate and uniform implementation of laws in proceedings on cases of administrative offenses is carried out by the prosecutor's office.

The prosecutor is notified of the place and time of consideration of the case of an administrative offense committed by a minor, as well as of an offense entailing the use of administrative arrest.

Cases of administrative offenses are considered, as a rule, within fifteen days from the date of receipt by the body (official) authorized to consider the case, necessary materials(in particular, the violation protocol). Some cases are considered in more short time. Thus, cases of petty hooliganism must be considered within 24 hours, etc.

Evidence has important procedural significance, i.e. any factual data on the basis of which authorities (officials) establish the presence or absence of an administrative offense, guilt of this person and other circumstances relevant to the correct resolution of the case. These data are established by the protocol on an administrative offense, explanations of persons brought to administrative responsibility, testimony of victims, witnesses, expert opinions, other documents, physical evidence, protocols on the seizure of things and documents, etc. In this case, objects that were an instrument or direct object of an administrative offense or that retained traces of it act as material evidence.

The assessment of evidence is carried out by the body (official) conducting administrative proceedings, according to its internal conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have a predetermined value.

In order to ensure timely and correct consideration of cases, as well as the execution of decisions adopted on them, the legislation provides for the possibility of using measures to ensure procedural support of proceedings. By their legal nature, they are a type of administrative-preventive and administrative-preventive measures. This is the administrative detention of a person, his delivery (forced transfer) for the purpose of drawing up a protocol on an administrative offense, personal search of things, vehicles, seizure of things and documents, removal from driving vehicles and medical examination for intoxication, detention of vehicles.

All of these measures are documented in appropriate protocols. The Code of Administrative Offenses defines the powers officials those applying these measures (for example, police officials, control and supervisory authorities, etc.). Personal search, search of things, vehicles are carried out with the aim of detecting instruments for committing an administrative offense or its direct object. These measures, as well as the seizure of documents and things belonging to individuals and legal entities, are carried out in the presence of witnesses.

Particular attention should be paid to such a measure of ensuring production as the administrative detention of an individual, since we're talking about about a short-term restriction of his freedom. This measure is applied in exceptional cases by internal affairs bodies, border guards, paramilitary security officials and military automobile inspection. Its use is carried out in order to suppress an administrative offense when other measures of influence have been exhausted; identifying the offender; drawing up a protocol on an administrative offense, if necessary.

Administrative detention can last no more than three hours.

In case of violation of the border regime, persons can be detained for up to three days with a notification to the prosecutor or for up to ten days with the sanction of the prosecutor.

Measures to ensure administrative proceedings can be appealed by interested parties to a higher authority (higher official), prosecutor or court. The complaint must be considered within five days.

Bodies (officials) competent to consider cases of administrative liability. These are bodies of administrative jurisdiction that do not coincide with the general system of executive bodies. Their competence is therefore of a special nature. Among them:

a) people's courts (magistrates). The jurisdiction of the judge includes the consideration and resolution of cases of the most serious administrative offenses. These are, for example, cases: on preventing citizens from exercising the right to vote (Article 401); illegal acquisition or storage narcotic drugs V small sizes or consuming them without a doctor’s prescription (Article 44); petty theft (Article 49); illegal issuance of a license (Article 561); production and use of radio transmitting devices without permission (Article 137); violation of trade rules (Article 146); petty hooliganism (Article 158); malicious disobedience to a lawful order or demand of a police officer (Article 165), etc. Cases are usually considered individually;

b) administrative commissions of district and city executive bodies of the local government system. They collectively consider all categories of cases of administrative offenses, except those assigned to the jurisdiction of other bodies (officials);

c) commissions for the protection of the rights of minors consider cases of offenses committed by persons aged 16 to 18 years;

d) internal affairs bodies (police), as well as other executive bodies exercising control and supervisory functions and powers in various fields of activity (for example, fire inspection authorities, customs authorities, transport inspectorates, antimonopoly authorities, sanitary and veterinary inspection authorities, border control authorities services, etc.). Their competence is determined by Art. 203–224 Code of Administrative Offences.

Practically, on behalf of these bodies, officials act who consider cases of administrative offenses and impose administrative penalties (inspectors, controllers-auditors, etc.).

The Code of Administrative Offenses most fully regulates administrative and jurisdictional activities carried out both extrajudicially and in court by the rules of substantive and procedural law.

The objectives of the proceedings are defined: timely, comprehensive, complete and objective clarification of the circumstances of each case; resolving it in strict accordance with the law, ensuring the execution of the decision; identifying the causes and conditions conducive to the commission of administrative offenses; crime prevention; educating citizens in the spirit of observance of laws and strengthening the rule of law (Article 225).

Circumstances are also defined that exclude proceedings in cases of administrative offenses. Proceedings in the case cannot be started, and the started proceedings are subject to termination in the absence of an event and an administrative offense; issuing an act of amnesty if it eliminates the application of an administrative penalty; repeal of the act establishing administrative liability; the expiration by the time the case of an administrative offense is considered of the period established by law for the imposition of administrative penalties (and it can, as a rule, be imposed no later than two months from the date of the offense). These circumstances apply to both individuals and legal entities. In addition, circumstances have been established that exclude proceedings in relation only to individuals. This is a person’s failure to reach 16 years of age at the time of committing an administrative offense; the insanity of a person who has committed an unlawful act or the inaction of a person in a state of extreme necessity or necessary defense; the presence, for the same fact, in relation to the person brought to administrative responsibility, of a resolution of the competent body (official) to impose an administrative penalty, as well as the presence of criminal case invoices on this matter; death of the person against whom proceedings have been initiated.

If, during the consideration of the case, it is discovered that the administrative offense contains signs of a crime, the materials are transferred by the body (official) considering the case to the prosecutor, the preliminary investigation or inquiry body.

It has also been established that the proceedings are carried out on the basis of the legislation in force at the time of the commission of the administrative offense and at the place of its commission (in cases of transport offenses - at the place of registration of vehicles).

The proceedings are conducted in the state language of the Russian Federation or in the state language of the subject of the Russian Federation in whose territory the body (official) authorized to consider the case is located. A person who does not speak the language in which the proceedings are conducted is guaranteed the right to speak in his native (or other) language, as well as to use the services of an interpreter.

Consideration of cases of administrative offenses is carried out on the basis of equality before the law and the body considering the case of all citizens, regardless of social and property status, race and nationality, gender, education, language, attitude to religion, type and nature of occupation, etc.

Cases of administrative offenses are considered openly. If necessary, they can be examined directly at the offender’s place of work, study or residence.

Supervision over the accurate and uniform implementation of laws in proceedings on cases of administrative offenses is carried out by the prosecutor's office.

The prosecutor is notified of the place and time of consideration of the case of an administrative offense committed by a minor, as well as of an offense entailing the use of administrative arrest.

Cases of administrative offenses are considered, as a rule, within fifteen days from the date the body (official) authorized to consider the case receives the necessary materials (in particular, the protocol on the violation). Some cases are processed within a shorter period of time. Thus, cases of petty hooliganism must be considered within 24 hours, etc.

They have important procedural significance proof, those. any factual data on the basis of which authorities (officials) establish the presence or absence of an administrative offense, the guilt of a given person and other circumstances that are important for the correct resolution of the case. These data are established by the protocol on an administrative offense, explanations of persons brought to administrative responsibility, testimony of victims, witnesses, expert opinions, other documents, physical evidence, protocols on the seizure of things and documents, etc. In this case, objects that were an instrument or direct object of an administrative offense or that retained traces of it act as material evidence.

The assessment of evidence is carried out by the body (official) conducting administrative proceedings, according to its internal conviction, based on a comprehensive, complete and objective study of all the circumstances of the case in their totality. No evidence can have a predetermined value.

In order to ensure timely and correct consideration of cases, as well as the execution of decisions adopted on them, the legislation provides for the possibility of using measures for procedural support of production. By their legal nature, they are a type of administrative-preventive and administrative-preventive measures. This is the administrative detention of a person, his delivery (forced transfer) for the purpose of drawing up a protocol on an administrative offense, personal search of things, vehicles, seizure of things and documents, removal from driving vehicles and medical examination for intoxication, detention of vehicles.

All of these measures are documented in appropriate protocols. The Code of Administrative Offenses determines the powers of officials applying these measures (for example, officials of the police, control and supervisory authorities, etc.). Personal search, search of things, vehicles are carried out with the aim of detecting instruments for committing an administrative offense or its direct object. These measures, as well as the seizure of documents and things belonging to individuals and legal entities, are carried out in the presence of witnesses.

Particular attention should be paid to such a production support measure as administrative detention of an individual, since we are talking about a short-term restriction of his freedom. This measure is applied in exceptional cases by internal affairs bodies, border guards, paramilitary security officials and military automobile inspection. Its use is carried out in order to suppress an administrative offense when other measures of influence have been exhausted; identifying the offender; drawing up a protocol on an administrative offense, if necessary.

Administrative detention may last no more than three hours.

In case of violation of the border regime, persons can be detained for up to three days with notification of this to the prosecutor or for a period up to ten days with the sanction of the prosecutor.

Measures to ensure administrative proceedings can be appealed by interested parties to a higher authority (higher official), prosecutor or court. The complaint must be considered within five days.

Bodies (officials) competent to consider cases of administrative liability. These are bodies of administrative jurisdiction that do not coincide with common system executive bodies. Their competence is therefore of a special nature. Among them:

a) people's courts (magistrates). The jurisdiction of the judge includes the consideration and resolution of cases of the most serious administrative offenses. These are, for example, cases: on preventing citizens from exercising the right to vote (Article 40 1); illegal acquisition or storage of narcotic drugs in small quantities or their consumption without a doctor’s prescription (Article 44); petty theft (Article 49); illegal issuance of a license (Article 56 1); production and use of radio transmitting devices without permission (Article 137); violation of trade rules (Article 146); petty hooliganism (Article 158); malicious disobedience to a lawful order or demand of a police officer (Article 165), etc. Cases are usually considered individually;

b) administrative commissions of district and city executive bodies of the local government system. They collectively consider all categories of cases of administrative offenses, except those assigned to the jurisdiction of other bodies (officials);

c) commissions for the protection of the rights of minors consider cases of offenses committed by persons aged 16 to 18 years;

d) internal affairs bodies (police), as well as other executive bodies exercising control and supervisory functions and powers in various fields of activity (for example, fire inspection authorities, customs authorities, transport inspectorates, antimonopoly authorities, sanitary and veterinary inspection authorities, border control authorities services, etc.). Their competence is determined by Art. 203–224 Code of Administrative Offences.

Practically, on behalf of these bodies, officials act who consider cases of administrative offenses and impose administrative penalties (inspectors, controllers-auditors, etc.).

End of work -

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Kozlov Yu.M.
K59 Administrative Law: Textbook. – M.: Yurist, 1999.–320 p.

ISBN 5-7975-0197-Х (translated) The textbook is written in accordance with the federal component of the state
What does administrative law regulate? The stated positions lead to a purely legal analysis of legal regulation in the field practical implementation

executive power.
As already noted, there is a special

Managerial relations
Administrative law thus regulates quite diverse, but similar relations, managerial in nature. These include: a) relationships within the framework of Functions of administrative law Within the boundaries of its subject, administrative law performs, like other branches

Russian law
, regulatory function. Its content is the creation of a certain Administrative legal personality Administrative legal personality presupposes such qualities of individuals and legal entities that, in accordance with

current legislation
give them the right to be participants (parties

Administrative law in the legal system
Administrative law closely interacts with other branches of Russian law. One of its features is that administrative law, firstly, to a significant extent

Concept and types
As has already been emphasized, often the branches of current Russian law coincide in their main manifestations, i.e. on the subject of legal regulation. For example, this is clearly visible

Features of the administrative law method
Administrative law practically uses all methods of legal regulation. At the same time, the determining influence on the choice of certain means of legal influence on management Concept and features of administrative legal norms The rules of law in their legal content represent certain rules behavior established by the state. Their compliance is guaranteed

by various means
T

Types of administrative legal norms
The norms of administrative law are divided into a number of groups depending on their regulatory focus and legal content. The following classification is proposed.

They are understood as external forms of expression of administrative legal norms. These are regulations of varying legal force.

The most significant role is as follows
Features of administrative-legal relations Any public relations

are transformed under the regulatory influence of the relevant rules of law, i.e. acquire legal form - become legal relations. One hundred
Types of administrative-legal relations

Of course, social relations regulated by administrative legal norms are different in nature. And the element of legal authority inherent in them is expressed in different ways. Etc
Fundamentals of the administrative and legal status of a citizen

The analysis of the administrative legal personality of various participants in social relations emerging in the sphere of implementation of executive power begins with due validity
Rights and responsibilities of citizens in the sphere of implementation of executive power

It should be taken into account that the rights and freedoms of citizens are either directly implemented in the sphere of activity of subjects of executive power, or are organically related to the practical activities
Guarantees of citizens' rights in the sphere of implementation of executive power

Guarantees of legal rights, obligations and legitimate interests of citizens are understood as conditions and means that ensure their actual implementation and reliable protection (protection)
Right to Complain

The issue of means of protecting one’s rights and legitimate interests violated by executive bodies (officials), which, in accordance with the law, deserves special attention.
Features of the administrative and legal status of foreigners

Foreign citizens and stateless persons on the territory of the Russian Federation enjoy rights and bear responsibilities on an equal basis with citizens of the Russian Federation, except in cases established by federal law or international law.
The concept of an executive body

Executive authorities are the main subject of implementation of this branch of government. Without it, the practical implementation of public administration is impossible.
Principles of organization and activities of executive authorities

The principles are the most important political-legal and organizational-legal foundations for the organization and activities of executive authorities.
1. Federalism is

Types of executive authorities
According to the Constitution of the Russian Federation of 1993, the President is not the head of the executive branch, which he was under the previous Constitution.

As the head of state, he is endowed with
System of federal executive authorities

At the federal level, the system of executive authorities is currently represented by the following links: Government of the Russian Federation; federal ministries; state committees
Executive authorities of the constituent entities of the Russian Federation

In accordance with the principle of federalism, federal executive authorities and executive authorities of constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation (Part 2
Territorial authorities

Article 78 of the Constitution of the Russian Federation enshrines the right of federal executive bodies to create territorial bodies to exercise their powers and appoint appropriate
The concept of public service and its types

During the entire period of its existence, in the Soviet state there was practically no legislation specifically devoted to the public service. The word has become widespread
Government position

The concept of civil service is closely related to the concept of “public office”.
It is defined by the legislator as a position in government bodies

Principles of public service
They are derived from the equal access of citizens of the Russian Federation to public service enshrined in the Constitution of the Russian Federation (Part 4 of Article 32).

In Art. 5 of the Federal Law on Civil Service gives
State employee; basics of status

Already available information about the civil service leads us to the characteristics of persons filling the corresponding public positions in the civil service, i.e. actually
Types of civil servants. Officials First of all, it is necessary to recall the starting positions that have already been discussed. This refers to civil servants: a) federal government bodies;

b) th
Public-service relations Civil service embodied in the relationship between the state represented by its authorized bodies and a citizen of the Russian Federation who wishes to exercise his constitutional right to work in the state

Entering the civil service
Civil service terminates upon dismissal of an employee, including in connection with his retirement.

The general grounds for dismissal of employees are provided for in the labor regulations.
State organizations In the field government controlled

The general grounds for dismissal of employees are provided for in the labor regulations.
There are many government and government organizations that are different in their purpose and administrative and legal status. Their pr

First of all, it is necessary to emphasize that this refers to the form of ownership characteristic of such organizations. They are established by the state, which owns the right to
Non-governmental organizations This is a fairly diverse group of organizations, including, first of all, public associations, other types of commercial and non-profit organizations

, private
Forms of management

In the general scientific understanding, form means the external expression of the content of a certain phenomenon or certain actions. Thus, the learning process - the content of the activity can be changed
Types of forms of management

Taking into account the diversity of forms of management, their specific types can be distinguished.
In practice, the choice of management forms depends on many circumstances. For example, a lot depends on the character

Concept and legal meaning of management acts
The publication of legal acts is a specific and basic form for the activities of executive authorities. Their role is determined by the fact that with their help they directly implement

Types of legal acts of management
According to their legal properties, the types of legal acts of management have already been identified. These are normative and individual acts. This is their main division. Normal

Requirements for legal acts of management
The most important condition

The validity of legal acts of management is their compliance with the established requirements for their legal content and the procedure for their publication. In the basics
Effect of legal acts of management

Legal acts of management cause corresponding legal consequences when they are in effect. What gives grounds for recognizing this act as valid?
Legal Management methods A method is a way, a method of practical activity. Since we are talking about public management activities, the question about the methods and techniques of its implementation is logical. Types of management methods The methods used in the process of exercising executive power are varied. But they are based on two

universal methods
Among the administrative-legal methods, they included, in particular, means of a coercive nature, with the help of which executive bodies (officials), if necessary,

The essence of administrative responsibility
Administrative responsibility is expressed in the application by the authorized state body (official) of the provided current standards administrative law co

Grounds for administrative liability
The main thing in characterizing administrative responsibility is its legal basis, which gives it a set of specific qualities. He is, as already noted, an offender

Object and objective side of the offense
The object of an administrative offense is what it encroaches on, what social relations it violates. The common object is defined by Art. 1 and 10 Code of Administrative Offences. The main conclusion from its contents

Subject and subjective side of the offense
Subject is a physical or entity who has committed an administrative offense. In addition, special subjects are identified - officials, military personnel, foreign

Purposes of administrative penalties
The next element of the general characteristics of administrative liability is administrative penalties. They are a measure of responsibility for committed administrative violations.

Types of administrative penalties
The system of administrative penalties is defined in Art. 24 Code of Administrative Offenses: warning; administrative penalty; paid seizure of an item; confiscation of an object that was an instrument of commission

Rules for imposing administrative penalties
The means to ensure legality when imposing such penalties are important. In this sense, first of all, it is necessary to characterize the conditions that exclude administrative from

Concept and types of administrative process
Executive power is practically realized in various types of actions of executive bodies (officials), the legal content of which is the application of maternal norms

Administrative jurisdiction
Jurisdictional proceedings are the practical manifestation of administrative jurisdiction.

Administrative jurisdiction is manifested (like judicial jurisdiction) in the consideration and resolution
Proceedings for the preparation of legal acts of management This most important species procedural activities of an organizational and procedural nature. It is carried out in the interests efficient work

executive authorities for the application
Certain types of activities are carried out by individuals and legal entities on the basis of a special permit - license.

License – permission (right) to implement
Registration proceedings Registration - act official recognition

the legality of certain actions. Thus, the justice authorities carry out state registration of normative acts of executive authorities
Proceedings based on complaints

Complaints are always related to the complainant’s idea that his rights or legitimate interests have been violated or infringed by the actions or legal acts of officials of enforcement agencies
Disciplinary proceedings Its essence lies in its application to persons who have committed an offense in the form of disciplinary offense provided for by law disciplinary sanctions

. In relation to the state
Production participants

Among them, the Code of Administrative Offenses includes: persons against whom proceedings are being conducted; victims (if any); legal representatives; lawyer; witnesses; experts; translator
Production stages

Proceedings in cases of administrative offenses consist of: initiating a case; its consideration and resolution; appealing or protesting a decision in a case; isp
Enforcement proceedings

The execution of a decision adopted in a case of an administrative offense is also one of the stages of jurisdictional proceedings. It stands out for its specific legal
The importance of legality for the process of implementing executive power

The constitutional principle of legality (Article 15) is of particular importance for state management activities, in the process of which executive power is exercised. This is determined
The concept of ways to ensure the rule of law and their types

The operation of the principle of legality in the sphere of public administration is ensured by a system of organizational and legal means. The totality of such means, different in size
Legislative control

Parliamentary control as a legal institution in the Russian Federation is not provided for by the Constitution of the Russian Federation.
Nevertheless, due to its primacy, the legislative branch has the opportunity to significantly

Control powers of the President of the Russian Federation
The President of the Russian Federation, as the head of state, is endowed by the Constitution of the Russian Federation with significant control powers in the sphere of exercising executive power. Their implementation is associated with the decision Control of executive authorities in the process of exercising executive power by its subjects. At the same time, it is especially

Features of administrative supervision
When characterizing the system of federal executive authorities, their special link was identified, operating under the general name “federal supervision”. However this

Judicial and prosecutorial supervision
Currently, the role of the judiciary in ensuring the rule of law in the implementation of executive power has increased significantly, which strengthens the guarantees of strict executive discipline.

Constitutional Court of the Russian Federation
Its tasks include: resolving cases on the compliance of the Constitution of the Russian Federation with normative acts of the Government, the same acts of executive authorities of the constituent entities of the Russian Federation (on issues related

Courts of general jurisdiction
In accordance with the Federal Law “On the Judicial System Russian Federation" dated December 31, 1996 (SZ RF. 1997. No. 1. Art. 1) it consists of traditionally existing courts of general law

Arbitration courts
The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes (Article 127 of the Constitution of the Russian Federation). Legal basis this type of justice is contained in the Federal

General supervision of the prosecutor's office
In accordance with the Federal Law “On the Prosecutor’s Office of the Russian Federation” of November 17, 1995 (SZ RF, 1995. No. 47. Art. 4472), the prosecutor’s office carries out: a) supervision of

Features and forms of non-sectoral management
Let's illustrate with specific examples features of executive bodies with general industry competence. Let us note that most often in educational literature they unconditionally highlight

Industrial complex management
Industrial management bodies The main directions of state management activities in the field of industry are: creating the necessary

All executive authorities, in various forms, exercise their control and supervisory functions and powers in the field of industrial complex management. Simultaneously

Agro-industrial complex management
The agro-industrial complex (AIC) is designed to provide consumer market food and raw materials for industrial production. As a branch of the economy, it includes manufacturing

Organization of agricultural management
The most complete understanding of the mechanism of state management of the agro-industrial complex in modern conditions can be obtained based on the analysis of administrative and legal

State control and supervision
There are a number of specialized control and supervisory bodies operating in the agro-industrial complex.

State Grain Inspectorate under the Government of the Russian Federation (Rosgoskhlebinspektsiya) –
Management of transport and road complex and communications

Transport, which plays a critical role in meeting the transportation needs of the country, the sectoral public administration system, as well as the population, currently includes:
Organization of railway transport management

The Federal Law “On Federal Railway Transport” of August 25, 1995 characterizes it as the basis of the transport system of the Russian Federation, one of the types of general transport
Organization of management of sea, river and road transport

The Ministry of Transport of the Russian Federation (Mintrans of Russia) operates in this area - a federal executive body that pursues state policy and implements state
Organization of air transport management

Executive, control, permitting, regulatory functions in civil aviation and air traffic management are assigned to the Federal Aviation Service of Russia
Organization of road management

Road management is closely related to the functioning of many types of transport. Because of this, its management was previously within the competence of the Russian Ministry of Transport.
According to Uka

State control and supervision
Communication management organization

The central link in the public administration system in this area is the State Committee of the Russian Federation for Communications and Informatization. He builds his activities, guided by
In the field of transport and communications, there are special control and supervisory services or divisions.

State control and supervision
Thus, the Department of Russian Transport was formed within the Ministry of Transport of Russia

Organization of construction and housing management
The federal executive body in this area is the State Committee of the Russian Federation for Construction, Architectural and Housing Policy (Gosstroy of Russia). Eg The special body exercising state control in housing and communal services is the State Housing Inspectorate. It consists of the Main State

Organization of environmental management
A special body designed to ensure the protection of natural resources is the State Committee of the Russian Federation for the Protection of Natural Resources. environment(State Committee for Ecology of Russia).

State control and supervision
State The basic concepts used in this aspect are as follows. State environmental control - monitoring the state of

natural environment
and its changes under the influence

Organization of financial management
The Ministry of Finance of the Russian Federation (Ministry of Finance of Russia) is a federal executive body that ensures the implementation of a unified financial, budgetary, tax and currency policy in the Russian Federation,

Organization of credit business
Banks are credit institutions that have the exclusive right to attract deposits, open accounts for individuals and legal entities, and place these funds in various areas.

State control and supervision
Organization of tax affairs

Taxes are the main source of budget revenue generation, which is why significant regulatory and legal attention is paid to the organization of tax affairs. In this area there are:
In the sphere of public management of finance and credit, state financial control over the formation of state revenues and their rational use is of the utmost importance.

Trade management
Trade is the main commodity distribution channel, most susceptible to the impact of the transition to market relations. The public sector is practically crowded out by various types of Organization of trade management The Ministry of Trade of the Russian Federation (Mintorg of Russia) is a federal executive body that pursues state policy in the field of trade and

State control and supervision
Catering

aimed at satisfying
State control over compliance with the norms and rules of trade and public catering, order and price discipline, over the quality and safety of consumer goods in the organization

Educational management
Education system - general (primary, secondary schools, gymnasiums, lyceums), primary vocational (schools, etc.), secondary specialized (technical schools, colleges, etc.) and higher Educational institutions They all carry out educational process in its various forms (full-time, evening, correspondence, external studies), guided by those approved by the Government of the Russian Federation

model provisions
. So,

Science management
A scientific organization is a legal entity, regardless of its organizational and legal form and form of ownership, as well as a public association of scientific workers, carrying out

Department of Culture
Cultural management involves government regulation in the field of preservation, creation, dissemination and development of cultural values, legal support for cultures

Department of Labor and Social Development
Ministry of Labor and social development The Russian Federation (Ministry of Labor of Russia) is a federal executive body whose tasks include carrying out state policy and implementing

Healthcare management
Protecting people's health is the sphere of public management activity in this area.

The Ministry of Health of the Russian Federation (Ministry of Health of Russia) is conducting a state
Sanitary and epidemiological surveillance

In the healthcare sector, there is a special supervisory service represented by the Department of State Sanitary and Epidemiological Surveillance of the Russian Ministry of Health.
Basics

Defense Directorate
In this area, relations related to ensuring, first of all, military measures to protect the state, its territory and sovereignty, as well as the population from a possible armed attack

Military service
Defense of the Fatherland is the duty and responsibility of a citizen of the Russian Federation (Article 59 of the Constitution of the Russian Federation). Citizens perform military service in accordance with the Federal Law “On Military Obligation” Military service in reserve Military personnel are enrolled in the reserve upon completion of service and reaching the maximum service age (for officers). If they are found unfit for

military service
according to sos

Security Management
Ensuring the protection of the vital interests of the individual, his rights and freedoms, material and spiritual values ​​of society, as well as the constitutional system, sovereignty and territory

State border of the Russian Federation and its protection
A state border is a line and a vertical surface running along this line that defines the limits of the state territory (land, water, subsoil, airspace)

Internal Affairs Management
Internal affairs in the modern understanding is a system of measures aimed at ensuring public order and public safety in order to protect the rights and freedoms of citizens. Department of Justice

Office of Foreign Affairs
In this area, the federal executive body is the Ministry of Foreign Affairs of the Russian Federation (MFA of Russia). It is subordinate directly to the President of the Russian Federation and determines

Decree of the President of the Russian Federation of May 25, 1999
“On the structure of federal executive bodies” ( Russian newspaper. 1999. May 29; NW RF. 1999. No. 22. Art. 2727) exposition

Government of the Russian Federation
II. Federal ministries: atomic energy; internal affairs; state property; for civil defense matters, emergency situations and liquidation of consequences

The production and economic activities of enterprises are managed and limited through a system of regulatory legal acts in force in the country, ensuring that business entities comply with the norms and rules of the law. It is important, economically and legally justified when performing individual work on organizing production, to comply with the rules and procedures in the field of enterprise registration, labor legislation, labor and environmental protection, etc.

Currently, the economic content of the concept of organization includes the form of entrepreneurial activity. Entrepreneurship is the reason for the creation of organizations, their activities, reorganization, etc.

Entrepreneurial activity – This is an initiative, within the framework of the law, economic activity of property subjects at their own risk and at their own expense. full responsibility on the formation of organizational and economic conditions to achieve certain goals.

Organizations are created for various purposes by individuals and legal entities, the state, and municipalities. Organizations can be classified according to various qualitative and quantitative criteria. Basic quality criteria organizations reflect the form of ownership, the relationship of property rights, management structure and responsibility of the founders. The main quantitative parameters are the number and annual turnover of capital.

It should be noted that in legal practice organizations are called subjects of economic law, and this definition used in legislative and other regulations regulating economic activities.

The most successful criterion for classifying subjects of economic law is the organizational and legal form of entrepreneurial activity. Under organizational and legal form understand the totality of property and organizational characteristics, methods of forming the property base, features of the interaction of owners, founders, participants, their responsibility to each other and to counterparties.

Property characteristics reflect the form of ownership of the entrepreneur and the relationship between the rights to property of the business entity and its founders (participants).

Organizational characteristics are expressed in the structure of management of the affairs of a business entity.

Entrepreneurial activity in its essence can be commercial and non-commercial. Commercial activity is recognized as entrepreneurial activity for the purpose of making a profit.

Most oil companies operating in the Russian Federation are created in the organizational and legal form of joint-stock companies, so it is advisable to consider in detail some of the features of the activities and management of joint-stock companies: the creation and forms of companies; separation of management functions. The main document regulating the activities of joint stock companies is the “Law on Joint Stock Companies”.

The decision to create (establish) a joint-stock company is made by the constituent meeting of the future co-owners of the organization - shareholders. The decision to elect management bodies is made by a ¾ majority vote of the owners of shares subject to placement among the founders. Constituent Assembly the form of the joint stock company being created is determined (this form is indicated in the company's charter and in the name). Joint-stock companies can be created in the form of “open joint-stock companies” and “closed joint-stock companies”. Joint-stock companies may create branches and representative offices that are not separate legal entities. Branches and representative offices operate on the basis of “regulations” approved by the supreme management body of the company; they are endowed with property, which is accounted for both on individual balance sheets and in the general balance sheet of the company.

The peculiarity of the organizational and legal form of joint stock companies determines the management structure (Figure 1.2).

Supreme body management in a joint stock company is General meeting shareholders, during the period between meetings - the Board of Directors.

Management of current activities is carried out executive body, which can be individual (director, general manager, president) or collegial (board, executive commission). The head of a branch or representative office is appointed by the board of directors or the executive body of the company and acts on the basis of the power of attorney issued to him. The competence of the executive body includes all issues related to the current activities of the company.

Carrying out work on organizing production at an enterprise is possible only after the procedure for creating the enterprise itself. The creation of subjects of entrepreneurial (economic) law is understood as the performance of legal actions, the purpose of which is to obtain the legal status of a subject of entrepreneurial activity (creation of an organization, enterprise). There are several ways to create organizations (Figure 1.3).

An organization comes into existence from the moment of state registration. State registration pursues several goals. First of all, the purpose of registration is to determine the place of the subject in the market and determine the scope of its legal capacity. In addition, registration is carried out for the purpose of taxation and ensuring the safety of citizens by establishing control over the procedure for carrying out certain types of activities. The legislation provides for certain rules on the composition and number of founders of a commercial organization. Restrictions on participation in economic activities may be established for legal entities and individuals in accordance with the Laws of the Russian Federation governing individual species activities (notaries, lawyers, etc.).

In the process of economic activity, there may be a need to change the previously chosen organizational and legal form of the enterprise or to carry out other transformations that affect the scope of the legal capacity of the entity and affect its relationships with other business entities. This change is accomplished through reorganization. Reorganization is a method of changing the legal status of an entity, in which the scope of its rights and obligations changes or passes to other persons (successors) (Figure 1.4).

From an economic point of view reorganization helps to overcome inertia and stagnation in management structures, in the existing system of connections and relationships. Depending on the specific circumstances, changes can be partial, affecting individual services and the organization of certain types of activities, or radical, when a deep and multilateral reorganization is required.