Федеральные государственные органы с особым статусом и их публично-властные характеристики

Abstract

The article highlights the current state of the federal state bodies with a special status in domestic constitutionalism and administrative law. The key theoretical approaches to the definition of the essence and system (list) of these bodies are analyzed, the achievement of scientific unity in recognizing their specific position or special role in the mechanism of the Russian state is noted. The main differences between bodies with a special status and other state bodies, including public authorities, are identified and described. In addition, the feature of the constitutional legitimization of state bodies with a special status is substantiated, their non-belonging to the state authorities is proved in a new way, state-power specifics and characteristics (evidence) of their competence are revealed in detail. For the first time, the author's position is presented and formulated regarding the admissibility of the formation of the bodies in question only with federal status. As a result of combining the essential features of the federal state bodies of special status, their general definition and arguments are given in favor of the inconsistency of the position of scientists who rank among such bodies as the Presidential Administration, the Security Council, the Investigative Committee of the Russian Federation and the Russian Academy of Sciences. Legislative “presets” are examined, the characteristics and shortcomings in regulation of the status of the Central Bank of Russia, the Federal Accounts Chamber, the Commissioner for Human Rights in the Russian Federation, the Prosecutor’s Office and the Central Election Commission of Russia as federal state bodies with a special (constitutional) status are identified and analyzed.