Legal encyclopedia. The letter O

BODY OF THE STATE

- legally formalized, organizationally and economically separate part of the state mechanism, which consists of civil servants, is endowed with state-power

Powers and necessary material means for carrying out within the limits of their competence certain tasks and functions. Signs OG:

1) the order of formation, principles of activity, its structure and competence are fixed by legal norms;

2) is entitled to issue legal acts that are legally binding;

3) in the issued legal acts there is an establishment of some prescriptions, rules of behavior. The enforcement of these provisions is ensured by means of persuasion, upbringing, encouragement, and the possibility of using coercive (punitive) state power;

4) relies on material and technical support of the established requirements;

5) is endowed with a certain economic and organizational autonomy and independence;

6) performs strictly defined functions peculiar to him;

7) has the necessary material means, including: material values, numerous organizations, enterprises, institutions that are not state bodies;

8) his physical embodiment is the people, of which the apparatus of this body consists. It can be either a separate official (a single state body) or several public servants (a collegiate government body).

Classification of OG:

1) by the type of legal source of legitimacy of existence:

A) primary bodies - this group of state bodies is established in the norms of the Constitution of the Russian Federation, federal and federal constitutional laws, charters of the subjects of the Russian Federation. Such bodies are created directly for the fulfillment of the tasks and functions of the state;

B) secondary bodies - are established in the norms of subordinate regulatory acts - decrees and orders of the government, decrees and orders of the President of the Russian Federation. Such bodies are created to ensure the fulfillment by the primary state bodies of their powers;

2) on the principle of separation of powers, all OG are divided into three main groups (branches of power): legislative (representative), executive, judicial;

3) on the effect in space: federal bodies of the Russian Federation and state authorities of the subjects of the Russian Federation;

4) for the duration of the action: permanent and temporary (emergency and military);

5) on the number of civil servants who serve in the state body: individual - with one civil servant; Collegial - with two or more.