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Administrative and municipal law
Reference:

On the Problems and Prospects of Development of the Institute of Public Councils under Federal Executive Authorities: Constitutional and Legal Analysis

Goncharov Vitalii Viktorovich

PhD in Law

Associate Professor, Dean of the Faculty of Higher Education, Polytechnic Institute (branch), Don State Technical University in Taganrog

347900, Russia, Rostov region, Taganrog, Petrovskaya str., 109a

niipgergo2009@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0595.2024.2.39873

EDN:

RZTRMB

Received:

01-03-2023


Published:

06-07-2023


Abstract: Coverage of the problem. This article is devoted to the constitutional and legal analysis of the problems and prospects for the development of the institute of public councils under federal executive authorities in the Russian Federation. Materials and methods of research. The subject of the analysis is the relevant provisions of Russian legislation on the organization and activities of public councils under federal executive authorities in the Russian Federation and the practice of their application; general and private scientific methods are used - analysis, synthesis, analogy, formal-legal, comparative-legal, interpretation of legal norms, historical-legal. Results. The paper substantiates a system of measures to resolve these problems, which will ensure the further development of both the specified variety of subjects of public control and, in general, the institute of public control in the Russian Federation. Discussion. The issues of development and implementation of new forms and methods of functioning of public councils under federal executive authorities in the Russian Federation need further scientific understanding.


Keywords:

problems, prospects, development, institution, public control, democracy, public councils, federal bodies, executive power, constitutional-legal analysis

This article is automatically translated.

In the Russian scientific and educational literature, the problems of the organization and activity of subjects of public control are widely studied in the works of V. V. Grib, [5, pp. 3-13] G. N. Chebotarev, [19, pp. 62-65] N. S. Rybolovleva, [15, pp. 50-52] A. I. Lapshina, [11, pp. 136-140] T. Y. Khabrieva, [18, p. 5-10] S. A. Avakyan, [1, p. 3-17] and many other authors.

In turn, the works of E. A. Abayeva and M. A. Lipchanskaya, [13, p. 25-29] A.V. Gavrilova, [3, p. 133-137] A. A. Grishkovets, [7, p. 3] E. G. Dyakova, [8] are devoted to certain aspects of the organization and functioning of public councils under federal and regional executive authorities, pp. 180-201] A.V. Lipuntsova, [12, pp. 45-47] E. V. Matveeva and I. Y. Sitdikova, [14] E. S. Selivanova, [16, pp. 123-133] V. V., Starchikova, [17] and a number of other authors. The works of these scientists allow us to investigate the advantages and disadvantages of the processes of organizing and implementing public control measures for certain types of executive authorities at the federal and regional levels by various subjects of public control, primarily public councils under these public authorities.

The legislation on public control provided for the possibility of creating public councils under federal and regional state authorities. The state mechanism in the Russian Federation is mainly represented by the executive authorities – the most numerous branch of government. At the same time, federal executive authorities and executive authorities of the subjects of the Russian Federation, in accordance with the provisions of the Constitution of the country, constitute a single system of executive power headed by the Government of the Russian Federation. In this regard, it is of particular interest to conduct a constitutional and legal analysis of the problems of the organization and activities of public councils under federal executive authorities. Moreover, Federal Law No. 212-FZ of 21.07.2014 "On the Fundamentals of Public Control in the Russian Federation" in Article 9 provided for the creation of public councils only under federal executive authorities, without mentioning the possibility of their formation under the Federal Assembly of the Russian Federation (as a federal body of legislative (representative) power), as well as under federal judicial authorities in the country.

The object of this study is public relations arising in the process of organizing and operating public councils under federal executive authorities in Russia. The subject of the study is a set of legal norms regulating these relations, as well as the Russian legal doctrine of public control. The purpose of the study is not only to formalize and study the main problems that hinder the organization and activities of public councils under federal executive authorities, but also to develop and justify a system of measures to resolve them, including proposals to improve the current legislation.

Achieving this research goal involves solving a number of research tasks, among which the following can be distinguished: 1) substantiation of the importance of the institute of public control as the most important legal guarantee for the implementation, protection and protection of the constitutional principles of democracy and public participation in the management of state affairs; 2) analysis of the system of subjects of public control in the Russian Federation, as well as the place of public councils under federal executive authorities in it; 3) study of the mechanism of creation and activity of this variety subjects of public control, as well as the author's classification of their powers; 4) identification and formalization of the main problems that hinder the organization and functioning of public councils under federal executive authorities; 5) development and justification of a system of measures to resolve these problems, including proposals to improve the current legislation, which will ensure further development as a specified variety of subjects public control, and in general, this institution of civil society.

It seems that the topic of scientific research chosen by us has great relevance and practical significance, since it allows not only to formalize the most typical modern problems that hinder the organization and functioning of public councils under federal executive authorities, but also to develop and justify a system of proposals for their resolution in order to ensure the overall development of this institution of civil society (as well as the above-mentioned variety of subjects of public control in particular).

The Constitution of the Russian Federation has consolidated the legal status of the multinational people of Russia as the bearer of sovereignty and the only source of power in the country, which exercises its powers both directly (in particular, through the institutions of free elections and referendums) and indirectly (for example, through the activities of state authorities, local self-government bodies, as well as their officials).. At the same time, the constitutional principles of democracy and the participation of society in the management of state affairs need a system of legal guarantees that ensure their implementation, protection and protection, among which one can distinguish, in particular: 1) the constitutional prohibition on the seizure of power and the misappropriation of authority under the threat of bringing the perpetrators to justice on the basis of federal laws; 2) the mechanism of checks and balances that permeates the entire apparatus of public power and minimizes the risks of usurpation of power in the hands of any public authority or its official; 3) the system of bodies of constitutional the most important elements of which are the Constitutional Court of the Russian Federation (as a federal body of constitutional justice), as well as the President of the Russian Federation (as a guarantor of the Constitution of Russia, human and civil rights and freedoms in the country); 4) a system of civil society institutions, the most important of which is the institute of public control.

This institution of civil society allows citizens of the Russian Federation, public associations, and other non-governmental non-profit organizations to participate in monitoring the activities, acts and decisions of public authorities, state and municipal organizations, and other bodies and organizations endowed by federal laws with the rights to exercise certain public powers.

The most important element of the institution of public control are its subjects. The list of subjects of public control is fixed in Article 9 of Federal Law No. 212-FZ dated 21.07.2014 "On the Basics of Public Control in the Russian Federation". However, it is not entirely clear from this article whether the legislator refers to the category of subjects of public control the organizational structures of public control (public monitoring commissions, public inspections, public control groups, as well as other organizational structures of public control, the list of which is left open) mentioned in part 2 of this article, or the subjects of public control are only 4 of their varieties, fixed in part 1 of this article. In our opinion, it is necessary to amend Article 9 of the above-mentioned Federal Law by conducting a more detailed classification of subjects of public control, for example, dividing them into permanent subjects of public control (referring to them the subjects mentioned in part 1 of this article), as well as those created in accordance with regulatory legal acts for a certain period (these include the organizational structures of public control mentioned in part 2 of this article, leaving the list of these structures open).

Public councils under federal executive authorities occupy a special place in the system of subjects of public control: 1) they are one of the most numerous subjects of public control; 2) they have the ability to organize and conduct public control measures not only in relation to the activities, acts and decisions of these federal executive authorities, but also their territorial divisions, regional executive authorities, as well as other objects of public control in this area of public administration; 3) these subjects of public control include the most experienced specialists, experts in these areas of public administration in the country.

Federal Law No. 212-FZ of 21.07.2014 established the legal basis for the mechanism of formation of public councils under federal executive authorities. So, in part 5 of Article 13 of this Federal Law, the priority competitive procedure for their creation is fixed (under the leadership of the Public Chamber of Russia, which, together with the relevant public authorities, is developing a system of requirements for candidates for the above-mentioned public councils).

At the same time, the composition of the above-mentioned public councils, although approved by the head of the relevant federal executive authority, must be coordinated with the Council of the Public Chamber of the Russian Federation (at the same time, the chairman of the public Council is elected from among its members at a meeting of the public council).

The analysis of normative legal acts of federal executive authorities fixing the mechanism of creation of public councils under them shows that when issuing these normative legal acts, the above-mentioned public authorities were guided by the Decree of the Government of the Russian Federation No. 481 of 02.08.2005, except for those of them, which are managed by the President of the Russian Federation (for example, the Federal Security Service).

For example, the Federal Agency for Railway Transport in its Order No. 378 dated 19.10.2018 (as amended. dated 07/22/2021), dedicated to the approval of the public council at the agency, duplicated and detailed the provisions on the establishment of public councils at federal executive authorities specified in the above-mentioned decree of the Government of the Russian Federation, as well as Article 13 of Federal Law No. 212-FZ dated 07/21/2014.

In turn, federal ministries, services and agencies subordinate to the Head of state are guided in the development and adoption of departmental normative legal acts on public councils by Decree of the President of the Russian Federation No. 842 of 04.08.2006. At the same time, the analysis of these normative legal acts showed that these federal executive authorities are more free to choose members of public councils.

Thus, the Public Council under the Ministry of Defense of the Russian Federation (according to Section III of the Order of the Minister of Defense of the Russian Federation dated 16.11.2006 No. 490 "On the formation of the Public Council under the Ministry of Defense of the Russian Federation") is formed by the Deputy Minister of Defense and the Chief of Staff of the Minister of Defense based on the results of consultations with public associations, associations of non-profit organizations, as well as the Public Chamber of the Russian Federation Federation, and then approved by the Minister of Defense. In part, this is due to the fact that the activities of the above-mentioned federal executive authorities are associated with state and other legally protected secrets. In addition, the nature of this activity imposes additional requirements on the professionalism, business reputation, moral and ethical appearance of members of such public councils.

Federal Law No. 212-FZ of 21.07.2014 did not fix special powers for public councils under federal executive authorities. General powers for all types of subjects of public control are fixed in article 10 of this Federal Law.

In more detail, the powers of public councils under federal executive authorities are enshrined in the normative legal acts adopted by these public authorities on the organization and activities of this type of subjects of public control.

Analysis of regulatory legal acts regulating the organization and activities of public councils under federal executive authorities has shown that their functions can be classified into a number of groups: 1) on the organization and conduct of public control measures (as a rule, public expertise of both areas of activity and draft regulatory legal acts in a specific area of public administration); 2) consulting and advisory; 3) research; 4) information and educational; 5) promotion and support of civil initiatives in a specific area of public administration; 6) public relations; 7) educational.

However, as a number of authors rightly point out, the organization and activities of public councils under federal executive authorities are associated with numerous problems of an objective and subjective nature, [9, pp. 32-39; 6, pp. 370-384] which require the development of a system of measures to resolve them, including proposals to improve federal legislation on public control. Among the above - mentioned problems are the following:

Firstly, the fact that the mechanism of their formation does not involve the selection of members to these public councils exclusively by public associations, as well as non-governmental non-profit organizations, is a certain problem that levels the public character of public councils under federal executive authorities. At best, they nominate candidates for these public councils, but the decision is made by the heads of these federal executive bodies. At the same time, in most ministries, services and agencies of the so-called "power bloc", their leaders (and often just responsible officials) are limited only by the need to consult with the above-mentioned non-profit non-governmental organizations (for example, when forming a public council under the Ministry of Defense of the Russian Federation). This gives rise to disputes in the Russian scientific literature regarding the legal status and legal nature of public councils under federal executive authorities. [10, pp. 24-31]

Secondly, a significant problem in the organization and activities of public councils under federal executive authorities is the lack of real powers for these subjects of public control to suppress, prevent and prevent violations by officials of federal executive authorities of the rights and freedoms of citizens of the Russian Federation, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations, in contrast, for example, to the people's control bodies in the RSFSR, which had a number of real powers, for example, provided for in Article 22 of the USSR Law No. 1159-X of 11/30/1979 "On People's Control in the USSR", as we indicated in earlier studies. [4, pp. 169-185]

Thirdly, in our opinion, the powers of these subjects of public control provided for in a number of normative legal acts on public councils under federal executive authorities, which can be relatively conditionally attributed to public control, are also debatable. For example, these are the powers provided for in paragraphs 5.3 and 5.7 of the Order of the Minister of Internal Affairs of the Russian Federation No. 812 dated 13.09.2001 "On the Public Council under the Ministry of Internal Affairs of the Russian Federation" (to strengthen the Ministry's ties with the media, to participate in scientific research in the field of state and law).

Fourth, a certain problem in the organization and activity of public councils under federal executive authorities is the lack of consolidation in Federal Law No. 212-FZ of 21.07.2014 of provisions on the possibility of creating public councils under territorial divisions of these public authorities. This creates, according to a number of authors, certain problems in the organization and activities of these public councils. [2, pp. 88-91]

It seems that in order to resolve the above-mentioned problems, the following measures should be carried out:

Firstly, it seems necessary to exclude in part 5 of Article 13 of Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public Control in the Russian Federation" the words "if a different procedure for the formation of public councils under certain federal executive bodies is not provided for by regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation", thus obliging thus, to form all public councils under federal executive authorities on a competitive basis, where the Public Chamber of the Russian Federation will act as the organizer of the competition. The implementation of this proposal will increase the legitimacy and social significance of these subjects of public control in the eyes of the people.

Secondly, it seems necessary to expand the list of powers of subjects of public control in Federal Law No. 212-FZ dated 21.07.2014 "On the basics of public control in the Russian Federation", giving them a number of real powers, for example, to temporarily remove from office officials who have committed or are committing crimes that violate the rights and freedoms of citizens of the Russian Federation, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations (until the relevant law enforcement agencies, as well as higher-ranking officials, resolve this issue on its merits).

Thirdly, it is necessary to amend the normative legal acts on public councils under federal executive authorities, for example, the order of the Minister of Internal Affairs of the Russian Federation dated 13.09.2001 No. 812 "On the Public Council under the Ministry of Internal Affairs of the Russian Federation", clarifying and detailing the relevant powers of these subjects of public control, excluding from their composition the powers, not related to public control.

Fourth, it is necessary to supplement Article 13 of Federal Law No. 212-FZ of 21.07.2014 with provisions providing for the possibility of creating public councils under the territorial divisions of these public authorities.

This will allow: to give a new dynamic in the development of public councils under federal executive authorities; to exercise full control over the activities, acts and decisions of the above-mentioned variety of public authorities to these subjects of public control.

References
1. Avakian, S. A. (2016). Some thoughts on the state and prospects of constitutional and political development of Russia. Bulletin of the Moscow University. Episode 11. Right, 1, 3-17.
2. Andreev, V. V. (2019). The role and functions of public councils under the territorial bodies of the Ministry of Internal Affairs of the Russian Federation in improving the effectiveness of their activities. Socio-political sciences, 5, 88-91.
3. Gavrilova, A.V., & Bogolyubov, E. A. (2017). Formation of public councils under executive authorities at the regional level (on the example of the Siberian Federal District). Law and Education, 4, 133-137.
4. Goncharov, V. V. Constitutional and legal foundations of public control in the Russian Federation. Monograph. Moscow: "Alicegroup".
5. Grib, V. V. (2015). Actual problems of legal development of the institute of public control in the Russian Federation. Constitutional and municipal law, 11, 3-13.
6. Grishkovets, A. A. (2014). Public Council under the Ministry of Internal Affairs of Russia as a tool for controlling the police. Police activity, 4, 370-384.
7. Grishkovets, A. A. (2016). Problems of ensuring openness in the activities of internal affairs bodies of the Russian Federation. Journal of Legal Studies, 4, 3.
8. Dyakova, E. G., & Trakhtenberg, A.D. (2019). Public councils under executive authorities: experts, supervisors or lay petitioners? Monitoring public opinion: Economic and social changes, 6(154), 180-201.
9. Zaikov, D. E. (2022). Public councils under federal executive authorities: problems of legal regulation. Citizen and law, 4, 32-39.
10. Zaikov, D. E. (2022). Public Council under the Ministry of Defense of the Russian Federation: features of the legal status. Law in the Armed Forces-Military-legal review, 2(295), 24-31.
11. Lapshina, A. I. (2014). Public control and other institutions of public control over the activities of state authorities. The rule of law: theory and practice, 2(36), 136-140.
12. Lipuntsova, A.V. (2019). The role of public councils under executive authorities in the implementation of control and supervisory functions (on the example of the Federal Service for Supervision in the Field of Environmental Management). Law and the State: theory and practice, 7(175), 45-47.
13. Lipchanskaya, M. A., & Tikhon, E. A. (2011). Participation of citizens of the Russian Federation in the management of state affairs in the system of executive power as members of expert and public councils. Constitutional and municipal law, 11, 25-29.
14. Matveeva, E. V., Sitdikov, I. Yu., & Kurpatova, M. A. (2020). Institute of Public Control of Authorities and the Ministry of Internal Affairs of Russia: federal and regional practice. Monograph. Kemerovo.
15. Rybolovleva, N. S. (2020). On the issue of the control of civil society over the activities of state authorities. Law and Law, 6, 50-52.
16. Selivanova, E. S. (2013). Features of institutionalization of public control over the activities of internal affairs bodies. Central Russian Collection of Social Sciences, 2, 123-133.
17. Starchikova, V. V. (2014). Public control in a state governed by the rule of law (theoretical and legal research): diss. ... cand. jurid. sciences.
18. Khabrieva, T. Ya. (2017). Social control and anti-corruption. Journal of Foreign Legislation and Comparative Jurisprudence, 4, 5-10.
19. Chebotarev, G. N. (2015). Public control over the activities of public authorities: from theory to practice. Constitutional and municipal law, 8, 62-65.

First Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the research in the article submitted for review is, as its name implies, the problems and prospects of the development of the institute of public councils under federal executive authorities. The author himself designated as the subject of the study "... a set of legal norms regulating these relations", as well as the Russian legal doctrine of public control. As the scientist additionally pointed out, "The object of this study is public relations arising in the process of organizing and operating public councils under federal executive authorities in Russia." The declared boundaries of the study are fully respected by the scientist. The research methodology is not indicated in the text of the article, but it is obvious that the author used universal dialectical, logical, formal and legal research methods when writing the work. The relevance of the research topic chosen by the scientist is justified as follows: "... it is of particular interest to conduct a constitutional and legal analysis of the problems of the organization and activities of public councils under federal executive authorities. Moreover, Federal Law No. 212-FZ dated 07/21/2014 "On the Basics of Public Control in the Russian Federation" in Article 9 provided for the creation of public councils only under federal executive authorities, without mentioning the possibility of their formation at the Federal Assembly of the Russian Federation as a federal body of legislative (representative) power, as well as at federal judicial bodies the authorities in the country." The author also needs to list the names of the main scientists who have ever studied the functioning of the Institute of public councils under federal executive authorities and indicate the degree of study of the issues raised in the article. The author does not directly say what the scientific novelty of his research is, but indicates its purpose: "The purpose of the study is not only to formalize and study the main problems hindering the organization and activities of public councils under federal executive authorities, but also to develop and justify a system of measures to resolve them, including proposals for improvement of the current legislation". The author's proposals (on the formation of public councils under federal executive authorities on a competitive basis, where the Public Chamber of the Russian Federation will act as the organizer of the competition; on granting real powers to public councils (for example, on the temporary removal from office of officials who have committed or are committing crimes violating the rights and freedoms of citizens of the Russian Federation, as well as the rights of and the legitimate interests of public associations and other non-governmental non-profit organizations); on detailing the powers of public councils under federal executive authorities, on the possibility of creating public councils under territorial divisions of these public authorities) deserve the attention of the readership. The article submitted for review makes a definite contribution to the development of domestic sciences of constitutional law and municipal law. The scientific style of the article is fully sustained by the author. The structure of the work is not entirely logical. In the introductory part of the article, the author substantiates the relevance of the chosen topic of the work, defines the object and subject of the study, its purpose and objectives. In the main part of the study, the scientist defines the essence of the institute of public control, lists its subjects, determines the importance of public councils under federal executive authorities, their status, and identifies problems of their functioning. The final part of the work is missing as such. The content of the work fully corresponds to its title, but is not without some drawbacks. Thus, the author writes: "... a certain problem leveling the public character of public councils under federal executive authorities is the fact that the mechanism of their formation does not involve the selection of members to these public councils exclusively by public associations, as well as non-governmental non-profit organizations. …. This gives rise to disputes in the Russian scientific literature regarding the legal status and legal nature of public councils under federal executive authorities." These disputes need to be clarified in more detail by analyzing all the theoretical approaches proposed by scientists to substantiate their own position. The same applies to the problem identified by the author of the possibility of creating public councils under the territorial divisions of these public authorities. The scientist needs to write the final part of the article. The bibliography of the study is presented by 11 sources (monograph and scientific articles). From a formal point of view, this is enough; from the actual point of view, the author is recommended to expand the theoretical base of the study by including a number of dissertations (E. S. Selivanova, V. V. Starchikova, etc.), monographs (E. V. Matveeva, I. Y. Sitdikova, etc.) and scientific articles (E. A. Abayeva, A.V. Gavrilova, A. A. Grishkovets, E. G. Dyakova, M. A. Lipchanskaya, A.V. Lipuntsova, etc.), which will allow to reveal the research topic more deeply, to substantiate their position on a number of controversial issues more convincingly, to illustrate certain provisions of the work with examples. There is an appeal to the opponents, but it is of a general nature. The scientific discussion is conducted by the author correctly, his positions on controversial issues are justified to the appropriate extent. There are no conclusions based on the results of the entire study. In fact, they are contained in the main part of the work. In connection with the above, the author needs to add the final part of the article. The author is recommended to carefully read the article, as there are typos and punctuation errors in it. The interest of the readership in the presented article can be shown, first of all, by specialists in the field of constitutional and municipal law, provided that it is finalized: additional justification of the relevance of the topic of the article, disclosure of the research methodology, clarification of its structure, expansion of the theoretical base of the work, deepening the content of the study, formulation of clear and specific conclusions based on the results of the study, elimination of disadvantages in the design of the work.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

REVIEW of an article on the topic "On the problems and prospects of development of the Institute of Public Councils under federal executive authorities: constitutional and legal analysis". The subject of the study. The article proposed for review is devoted to topical issues of the development of the institute of public councils under federal executive authorities from the point of view of the provisions of the Constitution of the Russian Federation and other acts. The author examines the problems associated with the formation of this institution, offering his own solutions. The subject of the study was the norms of legislation and the opinions of scientists. Research methodology. The purpose of the study is stated directly in the article. The author conducts research, noting that "the purpose of the study is not only to formalize and study the main problems that hinder the organization and activities of public councils under federal executive authorities, but also to develop and justify a system of measures to resolve them, including proposals to improve current legislation." Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the norms of legislation. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the legislation of the Russian Federation). For example, the following conclusion of the author: "The list of subjects of public control is fixed in Article 9 of Federal Law No. 212-FZ dated 07/21/2014 "On the basics of Public Control in the Russian Federation". However, it is not entirely clear from this article whether the legislator classifies the organizational structures of public control (public supervisory commissions; public inspections, public control groups, as well as other organizational structures of public control, the list of which is left open) mentioned in part 2 of this article as subjects of public control, or whether the subjects of public control are only 4 of their varieties, fixed in part 1 of this article. " Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of the development of the institute of public councils under federal executive authorities is complex and ambiguous, because formally there is a need for such control bodies, but in practice their real activities are not always fully effective. The author is right, noting that "the topic of scientific research chosen by us is of great relevance and practical importance, since it allows not only to formalize the most typical modern problems that hinder the organization and functioning of public councils under federal executive authorities, but also to develop and justify a system of proposals for their resolution in order to ensure the overall development this institution of civil society (as well as the above-mentioned variety of subjects of public control in particular)." Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "a significant problem in the organization and activities of public councils under federal executive authorities is the lack of real powers for these subjects of public control to suppress, prevent and prevent violations by officials of federal executive authorities of the rights and freedoms of citizens of the Russian Federation, as well as the rights and legitimate interests of public associations and other non-governmental non-profit organizations, unlike, for example, the people's control bodies in the RSFSR, which had a number of real powers, for example, provided for in Article 22 of the USSR Law No. 1159-X dated 11/30/1979 "On People's Control in the USSR," as we indicated in earlier studies." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "it is necessary to amend the normative legal acts on public councils under federal executive authorities, for example, the order of the Minister of Internal Affairs of the Russian Federation dated 09/13/2001 No. 812 "On the Public Council under the Ministry of Internal Affairs of the Russian Federation", clarifying and detailing the relevant powers of these subjects of public control, excluding from their composition the powers not related to public control." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Administrative and Municipal Law", as it is devoted to legal problems related to the definition of legal aspects of the development of the institute of public councils under federal executive authorities. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Avakian S.A., Andreev V.V., Gavrilova A.V., Bogolyubov E.A., Dyakova E.G., Trakhtenberg A.D. and others). Many of the cited scholars are recognized scholars in the field of constitutional law. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the prospects for further improvement of legislation on the development of the institute of public councils under federal executive authorities. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"