eternal questions

Issues of the structure of federal executive bodies. Decree on the structure of federal executive bodies. With modifications and additions from

In order to form an effective system and structure of federal executive bodies, in accordance with Article 112 of the Constitution Russian Federation and Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation" I decide:

1. Has expired. - Decree of the President of the Russian Federation of May 21, 2012 N 636.

2. Form the Ministry of Sports, Tourism and Youth Policy of the Russian Federation, entrusting it with the functions of developing and implementing state policy and legal regulation in this area.

Transform the State Committee of the Russian Federation for Youth Affairs into the Federal Agency for Youth Affairs.

Establish that the Ministry of Sports, Tourism and Youth Policy of the Russian Federation is in charge of the Federal Agency for Youth Affairs, the Federal Agency for Tourism.

(as amended by Decree of the President of the Russian Federation of October 7, 2008 N 1445)

3. Establish a Federal Agency for the Commonwealth of Independent States.

Establish that the Federal Agency for the Commonwealth of Independent States is under the jurisdiction of the Ministry of Foreign Affairs of the Russian Federation.

4. Transfer to the Ministry of Justice of the Russian Federation the functions of the Federal Registration Service for the registration of non-profit organizations, including branches of international organizations and foreign non-profit non-governmental organizations, public associations and political parties, providing for a corresponding increase in the staffing of the Ministry and a decrease in the staffing of the Service.

5. Transform Ministry information technologies and Communications of the Russian Federation to the Ministry of Communications and Mass Communications of the Russian Federation, transferring to it the functions of the reorganized Ministry of Culture and Mass Communications of the Russian Federation for the development and implementation of state policy and legal regulation in the field of mass communications and mass media (including electronic).

Transform the Federal Service for Supervision in the Sphere of Mass Communications, Communications and Protection of Cultural Heritage into the Federal Service for Supervision in the Sphere of Communications and Mass Communications and the Federal Service for Supervision of Compliance with Legislation in the Field of Protection of Cultural Heritage.

Transfer to the Federal Service for Supervision of Communications and Mass Communications the functions of control and supervision in the field of mass media (including electronic) and mass communications, information technology and communications, including the function of registering mass media.

Transfer to the Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection the functions of protecting cultural heritage, copyright and related rights.

Establish that the Ministry of Telecom and Mass Communications of the Russian Federation is in charge of the Federal Service for Supervision of Communications and Mass Communications, the Federal Agency for Press and Mass Communications and the Federal Communications Agency.

(as amended by the Decree of the President of the Russian Federation of 25.08.2010 N 1060)

6. To transform the Ministry of Culture and Mass Communications of the Russian Federation into the Ministry of Culture of the Russian Federation.

7. Transform Ministry natural resources of the Russian Federation to the Ministry of Natural Resources and Ecology of the Russian Federation, transferring to it the functions of developing and implementing state policy and legal regulation in the field of protection environment.

Establish that the Ministry of Natural Resources and Ecology of the Russian Federation is in charge of the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Service for Supervision of Natural Resources, the Federal Agency water resources and the Federal Agency for Subsoil Use.

(as amended by Decree of the President of the Russian Federation of 06/23/2010 N 780)

8. To transform the Ministry of Industry and Energy of the Russian Federation into the Ministry of Industry and Trade of the Russian Federation and the Ministry of Energy of the Russian Federation with an appropriate distribution of functions between these ministries.

To transfer to the Ministry of Industry and Trade of the Russian Federation the functions of the reorganized Ministry of Economic Development and Trade of the Russian Federation for the development of state policy and legal regulation in the field of trade.

Establish that the Federal Agency for Technical Regulation and Metrology is under the jurisdiction of the Ministry of Industry and Trade of the Russian Federation.

9. To transfer to the Ministry of Agriculture of the Russian Federation the functions of the reorganized Ministry of Economic Development and Trade of the Russian Federation for the development and implementation of state policy and legal regulation in the field of land relations (as far as it relates to agricultural land), for state monitoring of such land.

(as amended by Decrees of the President of the Russian Federation of 30.05.2008 N 863, of 24.07.2008 N 1114)

Transform the State Fisheries Committee of the Russian Federation into the Federal Fisheries Agency.

Establish that the Federal Service for Veterinary and Phytosanitary Surveillance is under the jurisdiction of the Ministry of Agriculture of the Russian Federation.

(as amended by Decrees of the President of the Russian Federation of 30.05.2008 N 863, of 27.08.2010 N 1074)

10. To transform the Ministry of Economic Development and Trade of the Russian Federation into the Ministry of Economic Development of the Russian Federation.

Transfer to the Ministry of Economic Development of the Russian Federation the functions of developing and implementing state policy and legal regulation in the field of maintaining the state real estate cadastre, state cadastral registration and cadastral activities, state cadastral land valuation, state monitoring of land, state registration of rights to real estate and in geodesy and cartography.

Transform the Federal Agency for Federal Property Management into the Federal Agency for State Property Management, entrusting it with the functions of a specialized public institution under the Government of the Russian Federation "Russian Federal Property Fund" to organize the sale of privatized federal property, the sale of property seized in pursuance of court decisions or acts of bodies that have the right to make decisions on foreclosure on property, as well as the functions of selling confiscated, movable ownerless, confiscated and other property converted into state ownership in accordance with the legislation of the Russian Federation.

Abs. 4, paragraph 10 has become invalid in terms of the jurisdiction of the Federal Service for State Registration, Cadastre and Cartography and the Federal Agency for State Property Management (Decree of the President of the Russian Federation dated 01/21/2020 No. 21).

Establish that the Ministry of Economic Development of the Russian Federation is in charge of the Federal Accreditation Service, the Federal Service for State Registration, Cadastre and Cartography, the Federal State Statistics Service, and the Federal Agency for State Property Management.

(as amended by Decrees of the President of the Russian Federation of December 25, 2008 N 1847, of October 5, 2009 N 1107, of January 24, 2011 N 86, of November 23, 2016 N 620)

11. Abolish:

Federal Agency for High-Tech Medical Care;

Federal Agency for Health and Social Development;

the Federal Agency for Culture and Cinematography, transferring its functions to the Ministry of Culture of the Russian Federation;

the Federal Agency for Industry, transferring its functions to the Ministry of Industry and Trade of the Russian Federation;

the Federal Agency for Construction, Housing and Communal Services, transferring its functions to the Ministry of Regional Development of the Russian Federation;

Federal Energy Agency, transferring its functions to the Ministry of Energy of the Russian Federation.

12. Transfer to the Ministry of Health and Social Development of the Russian Federation:

the functions of the abolished Federal Agency for High-Technological Medical Assistance for the provision of public services and the management of state property in the field of healthcare in terms of the development and implementation of modern medical technologies, new diagnostic methods and the organization of the provision of high-tech medical care (including organ and tissue transplantation);

functions of the abolished Federal Agency for Health and Social Development for the provision of public services and the management of state property in the field of healthcare and social development, resort business, for professional retraining, advanced training of medical, pharmaceutical and sanitary and epidemiological workers, workers in the field of social development and resort business, as well as certain categories of workers in the field of labor protection.

13. Transfer to the Federal Medical and Biological Agency the functions of the abolished Federal Agency for Health and Social Development (with the exception of functions transferred to the Ministry of Health and Social Development of the Russian Federation) for the provision of public services and the management of state property in the field of health and social development, including the provision of medical care (except for high-tech medical care).

14. Has expired. - Decree of the President of the Russian Federation of September 11, 2009 N 1033.

15. Establish that federal ministers have the right to:

give the heads of federal services and federal agencies subordinate to the respective federal ministries binding instructions;

suspend, if necessary, the decisions of such federal services and federal agencies (their heads) or cancel these decisions, unless a different procedure for their cancellation is established by federal law.

16. Lost power. - Decree of the President of the Russian Federation of May 21, 2012 N 636.

17. Establish that the federal executive authorities, to which, in accordance with this Decree, the functions of other federal executive authorities have been transferred, are their legal successors for obligations, including obligations arising from the execution of court decisions.

18. Instruct the Chairman of the Government of the Russian Federation to submit, in accordance with the established procedure, proposals on the abolition of the Federal Registration Service from October 1, 2008, the Federal Agency for Geodesy and Cartography and the Federal Agency for the Cadastre of Real Estate Objects, providing for the transfer of their functions to the Federal Agency for State Property Management, and on making relevant changes in the structure of federal executive bodies.

19. To the Government of the Russian Federation:

ensure the implementation of reorganization measures in accordance with this Decree;

to clarify the functions of federal executive bodies, taking into account the distribution of functions in accordance with this Decree;

determine the federal executive bodies that are obliged to accept the obligations and property of the reorganized federal executive bodies that have not been transferred within the established period in accordance with this Decree;

determine the procedure for the joint implementation by the Ministry of Health and Social Development of the Russian Federation and the Ministry of Agriculture of the Russian Federation of the functions of legal regulation in the field of control over the quality and safety of food products and the organization of such control;

make a decision on the liquidation of the specialized state institution under the Government of the Russian Federation "Russian Federal Property Fund";

submit proposals on the redistribution of the staffing of the Ministry of Justice of the Russian Federation and the Federal Registration Service;

submit proposals for amending the acts of the President of the Russian Federation in accordance with this Decree;

bring their acts in line with this Decree.

21. Include in the Decree of the President of the Russian Federation of April 26, 2004 N 562 "On improving the remuneration of persons holding certain public positions of the Russian Federation, and persons filling certain public positions of the federal public service in the Office of the Government of the Russian Federation" (Collection of Legislation of the Russian Federation, 2004, N 18, item 1751; 2006, N 13, item 1360; N 31, item 3459; 2007, N 23, item 2752) the following changes:

in paragraph 1, the words "To the Head of the Staff of the Government of the Russian Federation - Deputy Chairman of the Government of the Russian Federation" shall be replaced by the words "To the Deputy Chairman of the Government of the Russian Federation - Head of the Staff of the Government of the Russian Federation";

in paragraph 2 the words "To the Head of the Government of the Russian Federation - Minister of the Russian Federation, First Deputy Chairman of the Military Industrial Commission under the Government of the Russian Federation - Minister of the Russian Federation" shall be replaced by the words "To the Deputy Chairman of the Government of the Russian Federation - Head of the Government of the Russian Federation".

22. Lost power. - Decree of the President of the Russian Federation of September 10, 2014 N 627.

23. Recognize as invalid:

paragraph forty-two of the consolidated list of public positions of the Russian Federation, approved by Decree of the President of the Russian Federation of January 11, 1995 N 32 "On public positions of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1995, N 3, art. 173; 2006, N 13, 1360);

paragraph eleven of clause 5 of Decree of the President of the Russian Federation of May 25, 1999 N 651 "On the structure of federal executive bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1999, N 22, art. 2727);

paragraph seven of subparagraph "d" of paragraph 3, paragraph 9, paragraphs twenty-eighth, twenty-ninth, thirty-fifth and forty-two of paragraph 13, paragraph five of paragraph 15 and paragraph three of paragraph 19 of the Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, No. 11, item 945);

paragraph two (in the part relating to the implementation by the Government of the Russian Federation of the leadership of the Federal Service for Hydrometeorology and Environmental Monitoring) and paragraph four (in the part relating to the jurisdiction of the Federal Agency for Geodesy and Cartography to the Ministry of Transport of the Russian Federation) of paragraph 2, paragraph 3 (in relation to implementation by the Government of the Russian Federation of the management of the Federal Service for Environmental, Technological and Nuclear Supervision) and clause 4 (in terms of the implementation by the Government of the Russian Federation of management of the Federal State Statistics Service) Decree of the President of the Russian Federation of May 20, 2004 N 649 "Issues of the structure of federal bodies executive power" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, N 21, item 2023);

paragraph 3 of the Decree of the President of the Russian Federation of November 18, 2004 N 1453 "On the Federal Agency for Tourism and the Federal Agency for physical education and sport" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, N 47, art. 4635);

Decree of the President of the Russian Federation of December 1, 2004 N 1487 "On the Federal Agency for Construction and Housing and Communal Services" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 49, Art. 4889);

paragraph 2 of the Decree of the President of the Russian Federation of September 5, 2005 N 1049 "On the Federal Air Navigation Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 37, Art. 3740);

Decree of the President of the Russian Federation of June 30, 2006 N 658 "On the Federal Agency for High-Technological Medical Care" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 27, Art. 2920);

paragraph 2 of the Decree of the President of the Russian Federation of March 12, 2007 N 320 "On the Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 12, Art. 1374);

paragraphs 2 and 4, paragraphs two and three of paragraph 5, paragraph two of paragraph 6, paragraphs 8 and 10 of Decree of the President of the Russian Federation of September 24, 2007 N 1274 "Issues of the structure of federal executive bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2007, N 40, article 4717);

clause 5 of Decree of the President of the Russian Federation of October 11, 2007 N 1359 "On the Federal Agency for the Development of the State Border of the Russian Federation" (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2007, N 42, art. 5010);

clause 8 of the Decree of the President of the Russian Federation of December 6, 2007 N 1643 "On Amendments to Certain Acts of the President of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 50, Art. 6255);

clause 7 of Decree of the President of the Russian Federation of March 20, 2008 N 369 "On measures to create the State Atomic Energy Corporation "Rosatom" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 12, art. 1112).

24. This Decree comes into force from the day of its official publication.

In order to improve the structure of federal executive bodies, in accordance with Article 112 of the Constitution of the Russian Federation and the Federal Constitutional Law of December 17, 1997, N 2FKZ "On the Government of the Russian Federation" I decide:

1. Transfer to the Ministry of Regional Development of the Russian Federation the functions of providing state support at the expense of the Investment Fund of the Russian Federation, coordinating federal target programs and departmental target programs in terms of integrated territorial development, as well as the functions of exercising the rights of the state customer (state customer-coordinator ) federal targeted programs related to the economic development of the constituent entities of the Russian Federation and municipalities.

Establish that the Ministry of Regional Development of the Russian Federation develops and coordinates with the Ministry of Finance of the Russian Federation and other interested federal executive bodies methods for allocating state support funds to constituent entities of the Russian Federation and municipalities and submits them to the Government of the Russian Federation for approval.

Entrust the Ministry of Regional Development of the Russian Federation with coordinating the activities of the state corporation "Fund for Assistance to the Reform of Housing and Communal Services".

2. Transfer to the Ministry of Justice of the Russian Federation the functions of normative support for maintaining the state cadastre of real estate objects.

Establish that the Federal Real Estate Cadastre Agency is under the jurisdiction of the Ministry of Justice of the Russian Federation.

3. The military-industrial commission under the Government of the Russian Federation to carry out the functions of mobilization preparation of the economy of the Russian Federation and the formation of the state defense order.

4. Establish that the system of federal executive bodies includes, along with federal ministries, services and agencies, state committees.

The State Committee is a federal executive body that, in the field of activity established for it, performs the functions of developing state policy and legal regulation, control and supervision, providing public services and managing state property, if this is provided for by the regulation on the said federal executive body.

The head of the state committee submits to the Government of the Russian Federation draft regulations of the Government of the Russian Federation on issues related to the powers of the Government of the Russian Federation, submits proposals for the formation of a draft federal budget insofar as it relates to the scope of the state committee, and also enjoys other rights of the federal minister provided for by decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation.

5. To transform the Federal Agency for Fisheries into the State Committee of the Russian Federation for Fisheries, transferring to it the functions of the Ministry of Agriculture of the Russian Federation in the field of fishing, production activities on ships of the fishing fleet, the study, conservation, reproduction and use of aquatic biological resources, as well as the functions of the Federal Service on veterinary and phytosanitary supervision in the field of control and supervision of water biological resources and their habitat.

The functions of rendering state services, managing state property in the field of fisheries and other functions of the reorganized Federal Agency for Fisheries shall be retained by the State Committee of the Russian Federation on Fisheries.

Establish that the management of the activity State Committee of the Russian Federation for fisheries is carried out by the Government of the Russian Federation.

6. Form the State Committee of the Russian Federation for Youth Affairs, entrusting it with the functions of determining the state youth policy, creating, in cooperation with public organizations and movements representing the interests of youth, conditions for ensuring healthy lifestyle the life of young people, sports, moral and patriotic education, the realization of their professional opportunities by young people, as well as the coordination of activities in this area of ​​the executive authorities of the constituent entities of the Russian Federation.

Establish that the activities of the State Committee of the Russian Federation for Youth Affairs are managed by the Government of the Russian Federation.

7. Establish that the Government of the Russian Federation is in charge of the activities of the Federal Financial Monitoring Service.

8. Approve the attached structure of federal executive bodies.

9. Establish that the federal executive bodies to which the functions of the reorganized federal executive bodies have been transferred are legal successors for their obligations, including those arising from the execution of court decisions.

10. Establish that the Chairman of the Government of the Russian Federation has five Deputy Chairman of the Government of the Russian Federation, including two first deputies, the Chief of Staff of the Government of the Russian Federation - Deputy Chairman of the Government of the Russian Federation, and also the Deputy Chairman of the Government of the Russian Federation - Minister of Finance of the Russian Federation.

11. To the Government of the Russian Federation:

ensure the implementation of reorganization measures in accordance with this Decree;

to determine the federal executive bodies that are obliged to accept obligations and property of the federal executive bodies being reorganized that were not transferred within the established period;

to clarify the functions of federal executive bodies, taking into account the distribution of functions in accordance with this Decree;

make other decisions in accordance with this Decree;

submit proposals for amending the acts of the President of the Russian Federation in accordance with this Decree;

bring their acts in line with this Decree.

12. Recognize as invalid:

clauses 8 and 11 of Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the system and structure of federal executive bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, N 11, art. 945);

clause 6 of Decree of the President of the Russian Federation of May 20, 2004 N 649 "Issues of the structure of federal executive bodies" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2004, N 21, art. 2023);

clause 8 of the Decree of the President of the Russian Federation of July 28, 2004 N 976 "Issues of the Federal Service of the Russian Federation for Drug Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 31, Art. 3234);

clause 3 of Decree of the President of the Russian Federation of September 13, 2004 N 1168 "On the Ministry of Regional Development of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 38, Art. 3775);

clause 4 of the Decree of the President of the Russian Federation of October 11, 2004 N 1304 "On the Federal Medical and Biological Agency" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 42, art. 4107);

clause 5 of the Decree of the President of the Russian Federation of November 18, 2004 N 1453 "On the Federal Agency for Tourism and the Federal Agency for Physical Culture and Sports" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 47, Art. 4635);

clause 2 of Decree of the President of the Russian Federation of December 1, 2004 N 1487 "On the Federal Agency for Construction and Housing and Communal Services" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2004, N 49, Art. 4889);

clause 3 of the Decree of the President of the Russian Federation of July 22, 2005 N 855 "On the Federal Agency for the Management of Special Economic Zones" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 30, Art. 3136);

clause 7 of Decree of the President of the Russian Federation of September 5, 2005 N 1049 "On the Federal Air Navigation Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 37, art. 3740);

paragraph 2 of Decree of the President of the Russian Federation of October 3, 2005 N 1158 "On introducing changes to the structure of federal executive bodies, approved by Decree of the President of the Russian Federation of May 20, 2004 N 649 "Issues of the structure of federal executive bodies" (Collected Legislation of the Russian Federation, 2005, N 41, item 4119);

Decree of the President of the Russian Federation of November 14, 2005 N 1319 "Issues of the Government of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 47, Art. 4880);

clause 4 of Decree of the President of the Russian Federation of May 11, 2006 N 473 "Issues of the Federal Customs Service" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 20, art. 2162);

clause 3 of Decree of the President of the Russian Federation of June 30, 2006 N 658 "On the Federal Agency for High-Technological Medical Care" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 27, Art. 2920);

clause 4 of Decree of the President of the Russian Federation of February 5, 2007 N 119 "On the Federal Agency for the Supply of Arms, Military, Special Equipment and Materiel" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 7, Art. 862);

Decree of the President of the Russian Federation of February 15, 2007 N 174 "On Amendments to the Decree of the President of the Russian Federation of March 9, 2004 N 314 "On the System and Structure of Federal Executive Bodies" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 8 Art. .978);

paragraph 4 of the Decree of the President of the Russian Federation of March 12, 2007 N 320 "On the Federal Service for Supervision in the Sphere of Mass Communications, Communications and the Protection of Cultural Heritage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 12, Art. 1374).

13. This Decree comes into force from the day of its official publication.

President of Russian Federation

V. Putin

Structure of federal executive authorities

I. Federal executive authorities, which are managed by the President of the Russian Federation, federal services and federal agencies subordinate to these federal executive authorities

Ministry of Internal Affairs of the Russian Federation

The Federal Migration Service

Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters

Ministry of Foreign Affairs of the Russian Federation

Ministry of Defense of the Russian Federation

Federal Service for Military-Technical Cooperation

Federal Service for Defense Order

Federal Service for Technical and Export Control

Federal Agency for Special Construction

Ministry of Justice of the Russian Federation

Federal Penitentiary Service

Federal Registration Service

Federal bailiff service

Federal Real Estate Cadastre Agency

State Courier Service of the Russian Federation (federal service)

Foreign Intelligence Service of the Russian Federation (federal service)

Federal Security Service of the Russian Federation (federal service)

Federal Service of the Russian Federation for Drug Control (federal service)

Federal Security Service of the Russian Federation (federal service)

Main Directorate for Special Programs of the President of the Russian Federation (federal agency)

Administration of the President of the Russian Federation (federal agency)

II. Federal executive bodies managed by the Government of the Russian Federation, federal services

and federal agencies subordinate to these federal executive bodies

Ministry of Health and Social Development of the Russian Federation

Federal Service for Supervision of Consumer Rights Protection and Human Welfare

Federal Service for Surveillance in Healthcare and Social Development

Federal Service for Labor and Employment

Federal Agency for Health and Social Development

Federal Biomedical Agency

Federal Agency for High-Tech Medical Care

Ministry of Information Technologies and Communications of the Russian Federation

Federal Agency for Information Technologies

Federal Communications Agency

Ministry of Culture and Mass Communications of the Russian Federation

Federal Archival Agency

Federal Agency for Culture and Cinematography

Federal Agency for Press and Mass Communications

Ministry of Education and Science of the Russian Federation

Federal Service for Intellectual Property, Patents and Trademarks

Federal Service for Supervision in Education and Science

Federal Agency for Science and Innovation

Federal Agency for Education

Ministry of Natural Resources of the Russian Federation

Federal Service for Supervision of Natural Resources

Federal Water Resources Agency

Federal Forestry Agency

Federal Agency for Subsoil Use

Ministry of Industry and Energy of the Russian Federation

Federal Agency for Industry

Federal Agency for Technical Regulation and Metrology

Federal Energy Agency

Ministry of Regional Development of the Russian Federation

Federal Agency for Construction and Housing and Communal Services

Ministry of Agriculture of the Russian Federation

Federal Service for Veterinary and Phytosanitary Supervision

Ministry of Transport of the Russian Federation

Federal Service for Supervision in the Sphere of Transport

Federal Air Transport Agency

Federal Agency for Geodesy and Cartography

Federal Highway Agency

Federal Agency for Railway Transport

Federal Agency of Sea and River Transport

Ministry of Finance of the Russian Federation

The Federal Tax Service

Federal Insurance Supervision Service

Federal Service for Financial and Budgetary Supervision

Federal Treasury (federal service)

Ministry of Economic Development and Trade of the Russian Federation

Federal Agency for State Reserves

Federal Agency for Federal Property Management

Federal Agency for Management of Special Economic Zones

III. Federal executive authorities, the management of which is carried out by the Government of the Russian Federation

State Committee of the Russian Federation for Youth Affairs

State Committee of the Russian Federation for Fisheries

Federal Antimonopoly Service

Federal Air Navigation Service

Federal Service for Hydrometeorology and Environmental Monitoring

Federal State Statistics Service

Federal Service for Supervision of Mass Communications, Communications and Protection of Cultural Heritage

Federal Customs Service

Federal Tariff Service

Federal Financial Monitoring Service

Federal Service for Financial Markets

Federal Service for Ecological, Technological and Nuclear Supervision

Federal Atomic Energy Agency

Federal Space Agency

Federal agency for the supply of weapons, military, special equipment and materiel

Federal Tourism Agency

Federal Agency for Physical Culture and Sports

In order to form an effective system and structure of federal executive bodies, in accordance with Article 112 of the Constitution of the Russian Federation and the Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation" I decide:

2. Form the Ministry of Sports, Tourism and Youth Policy of the Russian Federation, entrusting it with the functions of developing and implementing state policy and legal regulation in this area.

Transform the State Committee of the Russian Federation for Youth Affairs into the Federal Agency for Youth Affairs.

Establish that the Ministry of Sports, Tourism and Youth Policy of the Russian Federation is in charge of the Federal Agency for Youth Affairs, the Federal Agency for Tourism.

(see text in previous edition)

3. Establish a Federal Agency for the Commonwealth of Independent States.

Establish that the Federal Agency for the Commonwealth of Independent States is under the jurisdiction of the Ministry of Foreign Affairs of the Russian Federation.

4. Transfer to the Ministry of Justice of the Russian Federation the functions of the Federal Registration Service for the registration of non-profit organizations, including branches of international organizations and foreign non-profit non-governmental organizations, public associations and political parties, providing for a corresponding increase in the staffing of the Ministry and a decrease in the staffing of the Service.

ConsultantPlus: note.

The Ministry of Communications and Mass Media of the Russian Federation was renamed into the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (Decree of the President of the Russian Federation dated May 15, 2018 N 215).

5. Transform the Ministry of Information Technologies and Communications of the Russian Federation into the Ministry of Communications and Mass Communications of the Russian Federation, transferring to it the functions of the reorganized Ministry of Culture and Mass Communications of the Russian Federation for the development and implementation of state policy and legal regulation in the field of mass communications and the media ( including electronic).

Transform the Federal Service for Supervision in the Sphere of Mass Communications, Communications and Protection of Cultural Heritage into the Federal Service for Supervision in the Sphere of Communications and Mass Communications and the Federal Service for Supervision of Compliance with Legislation in the Field of Protection of Cultural Heritage.

Transfer to the Federal Service for Supervision of Communications and Mass Communications the functions of control and supervision in the field of mass media (including electronic) and mass communications, information technology and communications, including the function of registering mass media.

Transfer to the Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection the functions of protecting cultural heritage, copyright and related rights.

Establish that the Ministry of Telecom and Mass Communications of the Russian Federation is in charge of the Federal Service for Supervision of Communications and Mass Communications, the Federal Agency for Press and Mass Communications and the Federal Communications Agency.

(see text in previous edition)

6. To transform the Ministry of Culture and Mass Communications of the Russian Federation into the Ministry of Culture of the Russian Federation.

(see text in previous edition)

7. Transform the Ministry of Natural Resources of the Russian Federation into the Ministry of Natural Resources and Ecology of the Russian Federation, transferring to it the functions of developing and implementing state policy and legal regulation in the field of environmental protection.

Establish that the Ministry of Natural Resources and Ecology of the Russian Federation is in charge of the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Service for Supervision of Natural Resources, the Federal Agency for Water Resources and the Federal Agency for Subsoil Use.

(see text in previous edition)

8. To transform the Ministry of Industry and Energy of the Russian Federation into the Ministry of Industry and Trade of the Russian Federation and the Ministry of Energy of the Russian Federation with an appropriate distribution of functions between these ministries.

To transfer to the Ministry of Industry and Trade of the Russian Federation the functions of the reorganized Ministry of Economic Development and Trade of the Russian Federation for the development of state policy and legal regulation in the field of trade.

Establish that the Federal Agency for Technical Regulation and Metrology is under the jurisdiction of the Ministry of Industry and Trade of the Russian Federation.

9. To transfer to the Ministry of Agriculture of the Russian Federation the functions of the reorganized Ministry of Economic Development and Trade of the Russian Federation for the development and implementation of state policy and legal regulation in the field of land relations (as far as it relates to agricultural land), for state monitoring of such land.

(see text in previous edition)

Transform the State Fisheries Committee of the Russian Federation into the Federal Fisheries Agency.

Establish that the Federal Service for Veterinary and Phytosanitary Surveillance is under the jurisdiction of the Ministry of Agriculture of the Russian Federation.

(see text in previous edition)

10. To transform the Ministry of Economic Development and Trade of the Russian Federation into the Ministry of Economic Development of the Russian Federation.

Transfer to the Ministry of Economic Development of the Russian Federation the functions of developing and implementing state policy and legal regulation in the field of maintaining the state real estate cadastre, state cadastral registration and cadastral activities, state cadastral land valuation, state monitoring of land, state registration of rights to real estate and in geodesy and cartography.

Transform the Federal Agency for Federal Property Management into the Federal Agency for State Property Management, entrusting it with the functions of a specialized state institution under the Government of the Russian Federation "Russian Federal Property Fund" to organize the sale of privatized federal property, the sale of property seized in pursuance of court decisions or acts of bodies who have been granted the right to make decisions on foreclosure on property, as well as the functions of selling confiscated, movable ownerless, seized and other property turned into state property in accordance with the legislation of the Russian Federation.

Establish that the Ministry of Economic Development of the Russian Federation is in charge of the Federal Accreditation Service, the Federal Service for State Registration, Cadastre and Cartography, the Federal State Statistics Service, and the Federal Agency for State Property Management.

(see text in previous edition)

11. Abolish:

Federal Agency for High-Tech Medical Care;

Federal Agency for Health and Social Development;

the Federal Agency for Culture and Cinematography, transferring its functions to the Ministry of Culture of the Russian Federation;

the Federal Agency for Industry, transferring its functions to the Ministry of Industry and Trade of the Russian Federation;

the Federal Agency for Construction, Housing and Communal Services, transferring its functions to the Ministry of Regional Development of the Russian Federation;

Federal Energy Agency, transferring its functions to the Ministry of Energy of the Russian Federation.

12. Transfer to the Ministry of Health and Social Development of the Russian Federation:

the functions of the abolished Federal Agency for High-Technological Medical Assistance for the provision of public services and the management of state property in the field of healthcare in terms of the development and implementation of modern medical technologies, new diagnostic methods and the organization of the provision of high-tech medical care (including organ and tissue transplantation);

functions of the abolished Federal Agency for Health and Social Development for the provision of public services and the management of state property in the field of healthcare and social development, resort business, for professional retraining, advanced training of medical, pharmaceutical and sanitary and epidemiological workers, workers in the field of social development and resort business, as well as certain categories of workers in the field of labor protection.

13. Transfer to the Federal Medical and Biological Agency the functions of the abolished Federal Agency for Health and Social Development (with the exception of functions transferred to the Ministry of Health and Social Development of the Russian Federation) for the provision of public services and the management of state property in the field of health and social development, including the provision of medical care (except for high-tech medical care).

(see text in previous edition)

15. Establish that federal ministers have the right to:

give the heads of federal services and federal agencies subordinate to the respective federal ministries binding instructions;

suspend, if necessary, the decisions of such federal services and federal agencies (their heads) or cancel these decisions, unless a different procedure for their cancellation is established by federal law.

(see text in previous edition)

17. Establish that the federal executive authorities, to which, in accordance with this Decree, the functions of other federal executive authorities have been transferred, are their legal successors for obligations, including obligations arising from the execution of court decisions.

18. Instruct the Chairman of the Government of the Russian Federation to submit, in accordance with the established procedure, proposals on the abolition of the Federal Registration Service from October 1, 2008, the Federal Agency for Geodesy and Cartography and the Federal Agency for the Cadastre of Real Estate Objects, providing for the transfer of their functions to the Federal Agency for State Property Management, and on making relevant changes in the structure of federal executive bodies.

19. To the Government of the Russian Federation:

ensure the implementation of reorganization measures in accordance with this Decree;

to clarify the functions of federal executive bodies, taking into account the distribution of functions in accordance with this Decree;

determine the federal executive bodies that are obliged to accept the obligations and property of the reorganized federal executive bodies that have not been transferred within the established period in accordance with this Decree;

Determine the procedure for the joint implementation by the Ministry of Health and Social Development of the Russian Federation and the Ministry of Agriculture of the Russian Federation of the functions of legal regulation in the field of control over the quality and safety of food products and the organization of such control;

make a decision on the liquidation of the specialized state institution under the Government of the Russian Federation "Russian Federal Property Fund";

submit proposals on the redistribution of the staffing of the Ministry of Justice of the Russian Federation and the Federal Registration Service;

submit proposals for amending the acts of the President of the Russian Federation in accordance with this Decree;

bring their acts in line with this Decree.

(see text in previous edition)

21. Include in the Decree of the President of the Russian Federation of April 26, 2004 N 562 "On improving the remuneration of persons holding certain public positions of the Russian Federation, and persons filling certain public positions of the federal public service in the Office of the Government of the Russian Federation" (Collection of Legislation of the Russian Federation, 2004, N 18, item 1751; 2006, N 13, item 1360; N 31, item 3459; 2007, N 23, item 2752) the following changes:

in paragraph 1, the words "To the Head of the Staff of the Government of the Russian Federation - Deputy Chairman of the Government of the Russian Federation" shall be replaced by the words "To the Deputy Chairman of the Government of the Russian Federation - Head of the Staff of the Government of the Russian Federation";

in paragraph 2 the words "To the Head of the Government of the Russian Federation - Minister of the Russian Federation, First Deputy Chairman of the Military Industrial Commission under the Government of the Russian Federation - Minister of the Russian Federation" shall be replaced by the words "To the Deputy Chairman of the Government of the Russian Federation - Head of the Government of the Russian Federation".

(see text in previous edition)

not only directly or indirectly responsible for what happened, but also those who took preventive measures aimed at preventing it.

1 See: Decree of the President of the Russian Federation of May 12, 2009 No. 537 “On the National Security Strategy of the Russian Federation until 2020” // Collected. legislation Ros. Federation. 2009. No. 20, art. 2444.

2 See: Sobr. legislation Ros. Federation. 2002. No. 2, art. 133.

3 Vedenin N.N. Environmental safety as an institution of environmental law // Journal of Russian law. 2001. No. 12. P. 15.

4 See: Shishko A.S. Prevention of transboundary pollution // International legal problems / ed. M.A. Morozov. Kyiv, 1990. S. 8.

5 Kolbasov O.S. The concept of environmental safety (legal aspect) // Soviet state and law. 1988. No. 12. S. 48.

6 See: Zlotnikova T.V. Draft Convention on Environmental Safety // Green World. 1998. No. 30. S. 12.

7 Golichenkov A.K. Ecological control: theory, practice of legal regulation: author. dis. ... Dr. jurid. Sciences. M., 1992. S. 22.

8 See: Serov G.P. Legal regulation of environmental safety in the implementation of industrial and other activities. M., 1998. S. 42.

9 See: Brinchuk M.M. On the Conceptual Apparatus of Environmental Law // State and Law. 1998. No. 9. S. 26-27.

10 See: Scientific and Practical Commentary on the Federal Law “On Environmental Protection” (item-by-article) / ed. A.P. Anisimov. M., 2010.

11 Bogolyubov S.A. The ratio of federal and regional legislation in the field of environmental protection//Journal of Russian law. 2003. No. 2. P. 17.

12 See: Tangiev B.B. Ecological safety of water resources // Citizen and Law. 2006. No. 7.

13 See: Lopatin V.N. Legislation in the field of environmental safety as an object of prosecutorial supervision // The role of the prosecutor's office and regulatory authorities in ensuring environmental safety: materials of a scientific and practical conference (December 19-20, 2003). SPb., 2004. S. 175-176.

14 See: Stockholm Declaration: adopted in Stockholm on June 16, 1972 at the UN Conference on the Human Environment // Current International Law. T. 3. M., 1997. S. 682-687.

15 See: World Charter for Nature: adopted on October 28, 1982 by Resolution 37/7 at the 48th plenary meeting of the 37th session of the UN General Assembly // Public International Law: a collection of documents. T. 2. M., 1996. S. 132-135.

16 See: Resolution of the Council of the Interparliamentary Assembly of the States Members of the Commonwealth of Independent States dated June 14, 1998 No. 29 “On the Concept of the Convention on Collective Environmental Security” // Information Bulletin of the Interparliamentary Assembly of the CIS Member States. 1998. No. 18.

17 See: State standard RF GOST R 22.0.05-94 “Safety in emergency situations. Man-made emergencies. Terms and definitions”: adopted by the Decree of the State Standard of the Russian Federation of December 26, 1994 No. 362. M., 1995.

18 See: Dubovik O.L. Environmental law: textbook. M., 2005. S. 266.

19 See, for example: Ivakin V.I. The concept and types of legal liability for environmental offenses // Agrarian and land law. 2005. No. 3; Sobchak I., Smirnov V. The concept of a source of increased danger // Soviet justice. 1988. No. 18; Krasnova I.O. Legal regulation of compensation for environmental damage // Ecological law. 2005. No. 4.

20 See: Stakhov A.I. Security in the legal system of the Russian Federation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2005. No. 3.

M.P. Petrov

ISSUES OF IMPROVING THE STRUCTURE OF FEDERAL EXECUTIVE AUTHORITIES

Structural issues of intra-organizational administrative relations determine the structure of executive power in terms of the external form of its implementation and are a component of their legal status. Post-modernization trends that are taking shape in the organization of the central apparatus of states that have provided deep and systemic reforms in the field of public administration, in particular, are characterized by the enlargement of the ministerial level, the replacement of sectoral management with functional ones, the creation of super-ministries, the diversification of organizational and legal forms of executive power, the rejection of the monopoly position of ministries in centralized administration, the development of decentralized institutions. Public administration reform activities are becoming relatively regular, for which purpose specialized

© Petrov Mikhail Petrovich, 2012

PhD in Law, Associate Professor, Deputy Director for Science (Saratov branch of the Institution of the Russian Academy of Sciences "Institute of State and Law of the Russian Academy of Sciences").

departments1. All these tendencies somehow found their place both in the Russian legal system and in the system of public administration. The reform of the structural organization of the executive branch in 2004 radically changed the organizational and legal status of federal executive bodies.

The species diversity of federal executive bodies in terms of quantitative composition far exceeds the bodies of the constituent entities of the Federation and includes about 80 state bodies2 that perform about 5,000 functions. However, there is still no legal definition of an organ (federal body) of executive power.

The experience of Germany, Switzerland, and Italy deserves attention, indicating the need to consolidate in the legal system the functional and organizational (organizational-legal form) approaches to the definition of an administrative department, i.e., an executive authority in a broad and narrow sense.

Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the System and Structure of Federal Executive Bodies”3 established that federal executive bodies (hereinafter referred to as federal executive authorities) are created in three organizational and legal forms, the combination of which forms their system. The main criterion for identifying a certain organizational and legal form is the nature of competence, i.e. a certain set of functions: normative-regulatory, specific-regulatory and control4.

Since the formation of a new model of the federal apparatus of executive power, acute problems have emerged. It is indicative that the most striking episode of the reform was the emphasis on the three-tier system of the federal apparatus of executive power. In fact, this system should be called a three-stage (three-level) one, since the existence of three links has been called into question from the very beginning. Already in the process of preparing the aforementioned Decree, there was an "erosion" of the idea of ​​a clear differentiation of federal executive authorities. M.A. Krasnov points to such negative circumstances as a mixture of differentiation criteria and forms of implementation of the main functions; the differentiation of federal executive authorities has been called into question due to the presence of a large number (55) of exceptions5.

Thus, in 2007 state committees6 returned to the system of executive authorities, which were reorganized in 2008. Agencies for physical culture and sports7, for science and innovation, and education were excluded from the number of ministerial bodies. At the same time, the wording when abolishing the executive authorities provided for the transfer of functions to a higher authority8.

It can be said that the organ system formed in 2004 is based on a single criterion, except for the form of subordination, which makes it difficult to form a more flexible organ structure. It is necessary to refine approaches to the federal executive authority system with the help of more accurate legal tools.

Many authors note that the process of formation of a new system of federal executive authorities is complicated by a number of negative circumstances9. V.G. Vishnyakov draws attention to the fact that the draft law “On federal executive bodies” developed back in 1994 was aimed at securing a stable system of bodies without a fixed list of ministries and departments, which would ensure continuity and stability, and avoid too frequent recourse to a complex procedure. amendments to this law.

In some works, it is proposed to legislatively provide for a moratorium on changing the system and structure of executive authorities within the framework of one term of office of the President of the Russian Federation, and at the level of constituent entities of the Russian Federation - the term of office of the head of executive power (highest official) (the principle of stability of the system and structure of executive power)11.

It seems that the return to the establishment of a system of executive power based on the law (and such a possibility was provided for in the Federal Constitutional Law “On the Government of the Russian Federation”12) remains relevant. It is advisable to establish a legal regime for the organization of the federal apparatus of executive power and, in particular, to fix the system of these bodies in law, thereby streamlining a significant group of norms of administrative law.

At the same time, the legal order of a number of countries guarantees effective law enforcement in the field of organizing the apparatus of executive power without the obligatory legislative registration of its system and structure, including on the ad hoc principle, which is more in line with

corresponds to a decentralized management model. The legal systems of a number of countries pursuing a course towards decentralization (France, Great Britain) do not have general requirements legislative consolidation of the system of executive authorities and the creation of new executive authorities in this system. This approach allows you to achieve a certain flexibility in management.

Establishment of a democratic regime for the functioning of the executive power on the basis of laws that provide more high level legitimation of its position among other institutions of governance, is accompanied by a large number of exceptions. There are no serious obstacles to discretion in changing national systems and structures of bodies, there are legal exceptions that allow compensating or “bypassing” legislative difficulties by creating various kinds of departments or using technical rearrangements, reorganizations.

In Russian conditions, characterized by transformational processes in the legal system, the approach that establishes the legislative order of the general structure (system) of federal executive bodies seems to be optimal.

A consistent course towards legislative consolidation of the system of executive power and increasing the legal force of legal norms in terms of regulating the most important social relations, as well as following the principle of state responsibility, should be in an effort to create a more specific legal basis for the competence of several of the most significant executive authorities. On the basis of legal acts of higher legal force, it is necessary to provide for the creation of key ministries and departments of Iran's experience. Therefore, it is necessary to adopt legislative acts on the status of executive authorities, first of all, most of the (key) ministries and bodies directly subordinate to the President of the Russian Federation or the Government of the Russian Federation.

The legislative procedure will not be a serious obstacle to further organizational restructuring of the apparatus. At the same time, it is expedient for legitimizing the activities of the executive power and the relative stability of its structure. And if the President, in accordance with the Constitution of the Russian Federation, determines the indicated structure by his decrees, then it is necessary to provide for a norm that will oblige the introduction of bills on the establishment of new (with the exception of mergers or accessions) executive authorities.

Attention should be paid to the shortcomings of the approach that is used in the form of an indication in the current legislation of an "authorized body" that ensures the implementation of executive power, regulation or management in the relevant industry or area. Such legislative distancing of the names and status of executive authorities is the embodiment of one of the extremes of legal technique.

The creation of a sound system and structure of executive authorities is accompanied by the task of finding optimal forms of public administration, assessing the sufficiency of existing ones and scientific justification for the development (diversification or narrowing) of the number and structure, changes in subordination. In this regard, the most consistent position is taken by M.A. Krasnov, according to whom the disadvantage modern system authorities is that the built system has acquired a hierarchical character, in connection with which they are proposed to change the concept of the organization of executive power, which will be based on a new three-tier structure: ministry-service-supervision. From agencies to their current form advisable to refuse. The latter can be formalized in the structure of the ministry as its specialized subdivisions13. Such constructive criticism deserves attention, and these proposals should have practical implementation.

At the same time, the formulated proposals can be supplemented with a qualitatively new approach to reforming the organizational status of agencies. The main problem of the modern structure of executive authorities, formed on federal level, in our opinion, lies in the collision of the legal, political and administrative components of the model of executive power. The so-called three-tier system of executive authorities includes federal ministries, services and agencies, as well as the Government.

stvo of the Russian Federation, organizing the activities of its subordinate bodies. This system, with all its competence advantages, allows the main influence and the main group of managerial functions to be condensed at the base of the management pyramid, while the adoption of politically significant legal decisions is concentrated in the center and at the top of this pyramid.

An analysis of legal relations within the system of federal executive bodies shows that, due to the lack of competence independence, these relations are formed on the basis of subordination and imperativeness, by creating opportunities for absorption of competence and direct decision-making both by arbitrarily higher authorities and in the order of subsidiarity. Thus, in terms of their legal status, the lower departments are close to the situation that existed earlier - to structural divisions. Many of them have legally secured this provision, but the majority is still in a competently dependent position. Meanwhile, ignoring the principle of independence of competence, which was one of the key points of the administrative reform and is supported by the majority of representatives of administrative and legal science, leads to the fact that the existing system of executive authorities has a large number of essentially redundant links. The administrative apparatus is essentially a single entity within a vertically integrated structure. The lack of deconcentration of powers testifies to the incompleteness of the reform of the system of federal executive bodies carried out in 2004.

The question of the possibility of a gradual transition to a real, rather than a formal three-tier structure along the New Zealand and English model,14 deserves attention and needs to be studied, which involves the fragmentation of existing agencies into smaller agencies (executive authorities) and semi-autonomous government agencies.

At the same time, it is important to take into account the negative experience that showed that agencies resemble a half-built house, since they do not have sufficient delegated authority and sufficient flexibility15. To overcome this shortcoming, in relation to the conditions of the Russian Federation, a program for the phased introduction of a new management structure and a legal experiment will help.

An alternative in the organization of the federal system of executive power in terms of decentralization is to use the German experience of indirect management (in Germany, the possibility of creating federal agencies of the middle and lower levels is constitutionally limited) to establish such subjects of public law as corporations, funds and institutions of federal subordination (decentralized "legal formations").

The lack of independence of agencies and services as an example of the costs of the new system is emphasized by many researchers. As a result of the transformations, there is an excessive ministerial guardianship. Therefore, it is proposed to use the positive experience of direct subordination of departments in the status of a federal service directly to the Government of the Russian Federation16. It seems that the cited position can be made less categorical if it is proposed to preserve the possibility for a number of services, especially secondary ones, to remain in the structure of ministerial jurisdiction. The most important services can be transformed into a special kind of non-governmental executive bodies under the President of the Russian Federation, for example, the Federal Antimonopoly Service17. The same proposal can be attributed to the bodies of the Administration of the President of the Russian Federation - the Administration of the President of the Russian Federation, etc. Thus, the problem of the duality of the performance vertical can be radically solved.

It is necessary to take into account the negative consequences of the redundancy of non-ministerial bodies in the governance structure. In particular, in Sweden during the period of administrative reform in the 70s and 80s. of the last century, the operation of the principle of dualism (the creation of non-ministerial bodies under the government) was limited18. It was not possible to completely abandon this principle, which confirms the need to find a balance between the desire for better coordination of management structures and efficiency based on self-organization.

The institutionalization of the new management principles is disproportionate to the current organizational and legal forms, approaches to the construction of which remain essentially unchanged. Traditional structures are adapted for the purposes of vertical integration. The new system of federal executive bodies reproduces the traditional model, with the only difference that the former monolithic system of bodies is divided

an artificial boundary within the framework of a three-species classification of groups (generic groups) of the functions of executive authorities. At the same time, the need for a transition to a modern system-structural structure of the executive branch presupposes the replacement of sectoral regulation by functional-sectoral and functional regulation. Sectors have been and remain the starting point in the area of ​​responsibility of public administration19. However, their management is increasingly in need of coordination, primarily within the framework of large complex sectoral formations headed by super ministries.

Accordingly, the main approach to the structure of executive power should be expressed in the creation of indirect links of vertical integration, as well as in the expansion and strengthening of internal cooperative ties of the executive power system, the possibilities of horizontal coordination. Thus, the hierarchy of executive authorities should be replaced by a new model based on the principles of managerial cooperation around centers for coordinating administrative activities.

It is advisable to create organizational conditions for the transition from traditional sectoral management to integrated management, the basic beginning of which must be considered a unified state policy in the administrative sphere, a policy that is responsible for the development and implementation of which rests with the Government of the Russian Federation. To this end, it is necessary to raise the status of the ministries that form this policy, along with the sectoral ministries according to the subject-target intersectoral principle.

Raising the status of ministries means revising the mechanism for their participation in the activities of the Government of the Russian Federation. The ministries should not be considered as departments of the Government of the Russian Federation, which in relation to them acts as the main ministry. In the UK, France, Poland, ministries do not have legal personality as a body state power, i.e. the government does not lead them. On the contrary, the ministers as a collective whole, forming the government, endow the highest governing body with legal personality. The existence of an extra managerial step is unreasonable. It complicates the work of ministers, makes it secondary, less effective and efficient, and responsibility in the state apparatus becomes blurred. In this regard, relying solely on the method of "leadership" of ministries by the Government of the Russian Federation is insufficient. The ministries should form decisions and go with them to the government level, play the main, not technical, but according to the legislation on civil service and the status of ministers holding non-career positions, a political role in the implementation of state functions. In this sense, a kind of deconcentration of power is needed, which is expressed not in organizational restructuring, but in the implementation of the principle of responsibility of public administration, individualization of competence and thus counteracting the depersonalization of management subjects.

Deconcentration will not be effective without other forms of administrative decentralization, which include the possibility of delegating executive powers to semi-autonomous organizations20.

One of the tasks of optimizing the organizational structure of federal executive authorities is the transfer of secondary internal technical functions of a research, educational, service nature to specific departments under executive authorities (abroad, for example, in France, these are services). The creation of such bodies in the status of departments may be productive for the Russian Federation. The reorganization of some services and agencies will allow the formation of technical government services involved in the provision of power or the provision of public services.

The experience of the United States in creating structures for coordinating the interaction of intra-ministerial departments, interaction with the highest state authorities, the presidential administration, defining in laws not only the system, but also the internal structure of the executive authorities, and developing a functional approach to the organization of executive structures can be useful.

With the help of such organizational forms as secretariats, directorates21, it is possible to raise permanent interdepartmental coordinating bodies of executive power and some other services of the Government of the Russian Federation (subdivisions of the Office of the Government of the Russian Federation) to the level of subjects of management and administrative-legal relations.

The expansion of the range of tasks that are in the sphere of executive power determines the desire of a number of states to provide specific subdivisions in the structure of government bodies that exercise prognostic, design, control and coordinating powers to ensure the effectiveness of the organization and maintain the optimal functional state of the entire system of government bodies, including on the basis of reforming this system. These departments include two groups of bodies: those operating on issues of personnel matters (organization and provision of the public service) and on issues of organization, functioning and reform of the executive branch.

In particular, Spain has created the Ministry of Public Administration. As a result of the public administration reform in China, the State Committee for Development and Reforms has been established and is functioning as ministerial bodies. One of the central departments in Iran has been created in the form of the Management and Planning Organization, which, along with the President and the Supreme Administrative Council, determines the direction of the state's development. The direct result of the transformations in the structure of the central apparatus of Japan, in the 80s and 90s. of the last century, actively pursuing administrative reform, was the creation of the Ministry of General Affairs, which, among other functions, is responsible for planning measures to improve the civil service, the administrative structure and the implementation of administrative reform.

The undertaken analysis shows that the ongoing activity to optimize and reform the administrative institutions of the state entails the need to create specific bodies in the structure of both the federal and regional executive authorities responsible for developing and implementing executive reform programs, coordinating and ensuring this activity. In addition, the creation of such units is advisable in each administrative department.

The formation of a modern model of executive power, which excludes monopolism, dictate of departments, total sectoral structures, is promoted by innovative reform, in which the system and structure of executive power should allow for flexible state regulation, to get the most effective return from the introduction of the principles of specific competition in the field of public administration.

1 See: Manning N., Parison N. Public Administration Reform: International Experience. M., 2003. S. 24-26; Shikhata I. Legal reform. Theory and practice: tutorial/ per. from English; ed. N.G. Doronina. M., 1998. S. 101-102, 104-105; Shtatina M.A. Experience in Administrative Reforms in Foreign Countries // Administrative Reform: Problems of Development and Improvement: Proceedings of the Institute of State and Law of the Russian Academy of Sciences. 2006. No. 2. S. 141-151; Ministries and departments: textbook / ed. A.N. Kozyrin and E.K. Glushko. M., 2008. S. 69; Analytical Bulletin of the Analytical Department of the Office of the Federation Council. Ser. Problems of state building // Administrative reform in the Russian Federation: main stages of implementation. M., 2006. No. 22 (310).

2 See: Decree of the President of the Russian Federation of May 12, 2008 No. 724 “Issues of the system and structure of federal executive bodies”// Sobr. legislation Ros. Federation. 2008. No. 20, art. 2290; Russian newspaper. 2011. May 26.

3 See: Sobr. legislation Ros. Federation. 2004. No. 11, art. 945; No. 21, Art. 2023; 2008. No. 20, art. 2290.

4 See: Decree of the Government of the Russian Federation of March 28, 2008 No. 221 “On Amendments to Certain Acts of the Government of the Russian Federation” // Sobr. legislation Ros. Federation. 2008. No. 14. Art. 1413.

5 The idea of ​​a three-link system, as M.A. Krasnov, took shape already by 1996. The reasons for the emergence of this concept were related to the lack of a clear connection between the meaning, role, functions of federal executive authorities and their organizational and legal status; combination in one body of regulatory, law enforcement, often supervisory functions, functions bordering on economic activity; the loss by ministries of their role as policy-making centres; burdening the management scheme with numerous interdepartmental bodies. See: Krasnov M.A. To the assessment of the first stage of administrative reform // Reforms and the right / otv. ed. Yu.A. Tikhomirov. M., 2006. S. 88-90.

6 See: Decree of the President of the Russian Federation of September 24, 2007 No. 1274 “Issues of the structure of federal executive bodies” // Sobr. legislation Ros. Federation. 2007. No. 40, art. 4717.

7 Decree of the President of the Russian Federation of October 7, 2008 No. 1445 “Issues of the Ministry of Sports, Tourism and Youth Policy of the Russian Federation” // Sobr. legislation Ros. Federation. 2008. No. 41, art. 4653.

8 Thus, the functions of the abolished Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection were transferred to the Ministry of Culture of the Russian Federation. See: Decree of the President of the Russian Federation of February 8, 2011 No. 155 “Issues of the Ministry of Culture of the Russian Federation” // Collected. legislation Ros. Federation. 2011. No. 7, art. 938.

9 See: Kalinina L.E. Analysis of the structure of federal executive authorities // Modern law. 2009. No. 3. S. 57-59; She is. Analysis of the structure of federal executive authorities // Law and Politics. 2008. No. 10. S. 2328.

10 It seems justified and timely and his other proposal to fix the status of ministries in the federal law. This determines the possibility of periodic broad discussion, which allows timely identification of redundant functions, finding the most effective means of implementing functions. However, it should be borne in mind that such an order is an analogue of the rigidly established structure of federal executive authorities See: V. G. Vishnyakov. Administrative reform in Russia: from the crisis of public administration to an effective state // Journal of Russian Law. 2003. No. 10. S. 18, 20.

11 See: Luparev E.B. Principles of the new administrative policy as the basis of the national development strategy of Russia // Legal reforms in modern Russia: meaning, results, prospects: materials of the scientific-practical conference dedicated to the 50th anniversary of the Voronezh Faculty of Law state university(Voronezh, November 20-21, 2008) Issue. 5, part 2: Administrative and municipal law. Series: Anniversaries, conferences, forums. Voronezh, 2009. S. 262-263.

12 Federal Constitutional Law of December 17, 1997 No. 2-FKZ “On the Government of the Russian Federation” // Collected. legislation Ros. Federation. 1997. No. 51, Art. 5712; 2011. No. 1, art. one.

13 See: Krasnov M.A. Decree. op. S. 92, 95.

14 In 2007-2008, there were more than 1,000 nationwide non-ministerial bodies in the UK, of which 138 had agency status. It is the agencies that are entrusted with the task of implementing laws and other acts of management under the supervision and financial control of the ministries. To solve problems, they have the right to attract non-governmental commercial and non-profit organizations on a competitive basis. The agencies are required to act in accordance with the general policy directions determined by the ministries, accountable to the respective ministers, who are responsible for the activities of the agencies to the Parliament. See: Ministries and departments: textbook / ed. A.N. Ko-zyrina and E.K. Glushko. M., 2008. S. 144-145.

15 See: ManningN., ParisonN. Public Administration Reform: International Experience. M., 2003. S. 118.

16 See: Salishcheva N.G., Abrosimova E.B. Administrative reform and administrative process in Russia // Constitutional Law: East European Review. 2005. No. 3. P. 151; Rossinsky B.V. On the issue of reforming the system of federal executive bodies // Administrative law and process. 2004. No. 1. P. 21.

17 By analogy with AA1 - independent administrative bodies that perform advisory and control functions, in France one of such bodies legally independent of the central administration is the Competition Council.

18 See: Ministries and departments: textbook / ed. A.N. Kozyrin and E.K. Glushko. S. 196.

19 This refers to a generalized understanding of the industry as a branch of public administration and an industry in the material sense. Regarding the preservation of the priority of sectoral management, the most consistent position is V.M. Manokhin. See: Manokhin V.M. Administrative law of Russia: textbook. Saratov, 2009, pp. 126-130.

20 See: Manning N., Parison N. Decree. op. pp. 118-119, 239.

21 The idea of ​​management flexibility will be facilitated by the diversification of organizational and legal forms, i.e., the creation of departments with various forms of subordination, centralization, and internal structure.

A.Yu. Sokolov

DETENTION OF A VEHICLE AS A MEASURE TO ENSURE PROCEEDINGS ON CASES ON ADMINISTRATIVE OFFENSES

One of the measures to ensure the proceedings in cases of administrative offenses affecting the property status of a person as an object of administrative interference is the detention of a vehicle. The Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation)1 considers this measure as an independent measure to ensure proceedings in cases of administrative offenses. Separately, the legislator regulates the detention of ships delivered to the port of the Russian Federation (Article 27.13.1).

The current Code of Administrative Offenses of the Russian Federation does not establish the concept of "detention of a vehicle." The definition of this term is given in paragraph 2 of the Rules for the Detention of a Vehicle, its Parking, Storage, and Prohibition of Operation (hereinafter referred to as the Rules for the Detention and Prohibition of the Operation of a Vehicle)2, according to which the detention of a vehicle is a temporary forced cessation of use vehicle, including (if it is impossible to eliminate the reason for detention at the place of detection administrative offense) placing it in a specialized parking lot - a specially designated guarded place for storing detained vehicles.

© Alexander Sokolov, 2012

PhD in Law, Associate Professor, Associate Professor of the Department of Administrative and Municipal Law (Saratov State Law Academy).

Decree of the President of the Russian Federation of May 12, 2008 N 724
"Issues of the system and structure of federal executive bodies"

With changes and additions from:

May 30, July 24, September 6, October 7, 14, December 3, 25, 31, 2008, September 11, October 5, 2009, January 19, March 4, May 14, June 23, August 25, 27, 2010 January 24, February 8, March 4, May 24, 2011, January 17, May 21, 2012, September 30, 2013, September 10, 2014, April 4, November 23, 2016, January 21 2020

In order to form an effective system and structure of federal executive bodies, in accordance with Article 112 of the Constitution of the Russian Federation and the Federal Constitutional Law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation" I decide:

Transfer to the Federal Service for Supervision of Communications and Mass Communications the functions of control and supervision in the field of mass media (including electronic) and mass communications, information technology and communications, including the function of registering mass media.

Transfer to the Federal Service for Supervision of Compliance with Legislation in the Field of Cultural Heritage Protection the functions of protecting cultural heritage, copyright and related rights.

Establish that the Federal Service for Veterinary and Phytosanitary Surveillance is under the jurisdiction of the Ministry of Agriculture of the Russian Federation.

Transfer to the Ministry of Economic Development of the Russian Federation the functions of developing and implementing state policy and legal regulation in the field of maintaining the state real estate cadastre, state cadastral registration and cadastral activities, state cadastral land valuation, state monitoring of land, state registration of rights to real estate and in geodesy and cartography.

A new structure of federal executive bodies is being established.

The Ministry of Sports, Tourism and Youth Policy of the Russian Federation was formed with the function of developing and implementing state policy and legal regulation in the relevant area. The following were transferred to the jurisdiction of the new Ministry: the Federal Agency for Youth Affairs (created instead of the State Committee for Youth Affairs), Rostourism and Rossport.