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Irina Mikheeva

Executive Bodies of the Russian Federation Constituent Entities: Permissive Functions and Government Services

2013. No. 3. P. 49–60 [issue contents]
Mikheeva Irina - Head of the Department of Constitutional and Administrative Law, Law Faculty, Nizhniy Novgorod Campus of National Research University Higher School of Economics, Doctor of Juridical Sciences. Address: 25/12 Bolshaya Pechyorskaya Str.,  Nizhniy Novgorod, 603155, Russian Federation. E-mail: imikheeva@hse.ru.

The article is devoted to the characteristics of the legal regulation as to rendering state services and implementing functions by the executive bodies of the constituent members of the Russian Federation. The system, structure, functions of the executive bodies of state power are studied as the factors affecting the efficiency of public administration. Weaknesses of the executive authorities in the Russian Federation have been identified. The focus has been made on the most topical problems of licensing system in the Russian regions. The questions of the correlation of the categories functions of authorization and government services have been studied. The author stresses the duality of the functions of authorization, which are implemented within the framework of government services. The author identifies functional groups of functions of authorization of the executive bodies of the constituent members of the Russian Federation as to rule-making, organizational, coordinating and enforcement activity. Dominating functions of authorization in different kinds of regional executive bodies have been identified. The groups of functions of executive bodies of the Russian Federation and its constituent members have been compared. Attention is given to the forms of permissive activities and types of the permissions. These are "co-ordinations", "resolutions", "granting a right", "accreditation", "permission", "license" etc. The article contains the analysis of the regional legislation and case practice. It is noted that judicial decisions do not reflect the fact of the presence / absence of additional administrative barriers that limit the rights of the customers of government services. A number of recommendations have been proposed. The author proposes to use the functional principle in organizing the system of executive bodies of the constituent members of the Russian Federation. Attention is also paid to the functional structure of the regional executive bodies rendering state services. In this case, the work of the regional body, rendering public service, will include several directions. They are: issuing documents to the final consumer of a specific government service; controlling activities (prior, current, selective, further) on the applications of citizens or law enforcement bodies; legal, financial and economic support for rendering services, etc.
Citation: Miheeva I. (2013) Organy ispolnitel'noi vlasti sub'ektov Rossiiskoi Federatcii: razreshitel'nye funktcii i gosudarstvennye uslugi [Executive Bodies of the Russian Federation Constituent Entities: Permissive Functions and Government Services]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 3, pp. 49-60. (in Russian)
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