scholarly journals Development of Powers of the Head of State in the Context of Amendments to the Constitution of the Russian Federation

Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
S. V. Gunich ◽  
A. E. Stupnitskiy,
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Political Influence ◽  
Executive Branch ◽  
Gradual Transition ◽  
Practical Implementation ◽  
Constitutional Court ◽  
Head Of State ◽  
The Russian Federation ◽  
The Government

The paper expresses an opinion on the content of certain provisions and on the procedure for adopting amendments to the Constitution of the Russian Federation. Based on the analysis of the claims made against them by some categories of citizens, the directions of their further scientific understanding are determined. Proposals for improving a number of constitutional provisions are formulated. The authors focus on the consideration of the essence of the constitutional reform in terms of the redistribution of the powers of the head of state in the direction of strengthening popular representation in the formation of public authorities and the exercise of their functions. The study examines the formal consolidation and practical implementation of the competence of the President of the Russian Federation in relation to various branches of state power. Within the framework of the legislative function, it is noted that he is strengthening his position by gaining the opportunity to exert political influence on the senators of the Russian Federation, as well as using the institute of preliminary constitutional control. In the field of executive and administrative powers, the updated procedure for appointing members of the Government of the Russian Federation is considered in detail. Using the method of scientific modeling, the analysis of the influence of the houses of parliament on the process of formation of federal executive bodies is carried out. Based on this, it is concluded that the executive branch of state power is invariably dependent on the will of the President and that the constitutional provisions announcing the gradual transition of the Russian state to a parliamentary-presidential form of government are decorative. The authors express dissatisfaction against the denigration of the role of the Constitutional Court of the Russian Federation to protection of the Constitution, rights and freedoms of man and citizen. It is concluded that the powers of the head of state are developing in the direction of strengthening his political influence on the process of implementation by state bodies of their daily activities and their adoption of legal decisions.

scholarly journals Grounds and Subjects of Temporary Performance of Duties of the President of the Russian Federation

2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Leading Role ◽  
Head Of State ◽  
The Subject ◽  
The Russian Federation ◽  
The Government

The Constitution of the Russian Federation assigns to the President a leading role in the system of higher federal bodies of state power, which requires clear grounds and precise procedure for temporary exercise of presidential powers. The Constitution assigns the Chairman of the Government of the Russian Federation as the subject authorized to temporarily replace the President in all cases when he is unable to fulfill his duties. At the same time, the constitutional norms do not regulate the situation when the duties of the President cannot be performed either by himself or the Chairman of the Government. The article discusses the issues of subjects that in the above case are authorized to legitimately assume the temporary exercise of powers of the head of state, and concludes that it is necessary to improve the norms of the Constitution of the Russian Federation in terms of expanding the list of subjects for temporary exercise of duties of the President and introducing constitutional control over the transfer of presidential powers, and to improve the legislation norms and their implementation practice in terms of regulating the procedure for the temporary fulfillment of duties of the Chairman of the Government of the Russian Federation.

scholarly journals Constitutional and Legal Regulation of the Powers of the President of the Russian Federation in Formation of the Government of the Russian Federation

2018 ◽  
pp. 41-49
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Executive Branch ◽  
Legal Regulation ◽  
Typical Feature ◽  
Transitional State ◽  
Head Of State ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
The Government

The article reveals the main features of the constitutional legal status of the President of the Russian Federation in the context of mixed parliamentary and presidential form of government. The researcher explores some directions of the President’s participation in formation of the Government such as the appointment of the Chairman of the Government by the President with the consent of the State Duma; Presidents’s approval of the governmental structure including relevant federal ministries on the proposal of the Chairman of the Government; personal appointment of the Deputy Prime Minister and the Federal Ministers by the President on the proposal of the Chairman of the Government. Special attention is paid to the fact that of legalistic and factual dominance of the President in each of these directions. Also it is proved that certain provisions of the RF Constitution and Federal constitutional law «On the Government of the Russian Federation» do not fully correlate with the norms of presidential decrees in determining the structure and composition of the Government, which increases the degree of the official discretion of the President. The author stresses the role of the President in formation of the Government as one of the conditions for recognizing his technical and actual status as the head of state and the head of the executive branch of the Russian Federation and who has strong powers against other state bodies under a weak party-parliamentary system. This is a typical feature of a transitional state.

Emergency powers of the authorities of the constituent units of the federation (states) in Russia, the USA and Brazil amid the spread of a new coronavirus infection

2021 ◽  
Vol 30 (3) ◽  
pp. 86-107
Author(s):  
Alexander Merkulenko
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Emergency Powers ◽  
Lack Of Control ◽  
The Usa ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government

Due to the new coronavirus pandemic, high alert regimes were introduced across the Russian Federation in spring 2020. These emergency regimes were established exclusively by the state bodies of the Russian Federation’s constituent units – federal authorities did not introduce their own emergency regimes. This decentralized strategy of fighting the pandemic was also introduced by the USA and Brazil. Their states, without the sanction of the federal government, and in the case of Brazil, ignoring its bans, set emergency restrictions similar to those in Russia. The legal regulation of emergency regimes existed before 2020, when constituent units of the federation (states) actively used their emergency powers. However, the regimes introduced during the fight against the pandemic were slightly different to previous ones. The restrictions on rights and freedoms within these regimes were so severe that not only their proportionality was questioned, but there were also doubts as to whether the regional level of the government had the authority to establish such strict restrictions. In addition, the pandemic exposed old problems and revealed new shortcomings in the legal regulation of emergency regimes: lack of control over the realization of the emergency regime by legislative (representative) authorities, and gaps in legislative regulation – notably in the establishment of possible restrictions and of a mechanism for scrutinizing their proportionality. All this raised questions about the proportionality of the established restrictions. The Constitutional Court of the Russian Federation resolved a very insignificant amount of the problems. While the United States and Brazil faced similar issues, the practice of scrutinizing implemented restrictions in these countries was more common. This article takes domestic and foreign experiences into account, while examining certain aspects of the establishment and the operation of regional emergency regimes.

scholarly journals Issues of the Establishment of the Government of the Russian Federation in View of the Constitutional Amendments

2020 ◽  
Vol 11 ◽  
pp. 38-40
Author(s):  
Ruslan M. Dzidzoev ◽  
Keyword(s):  
Russian Federation ◽  
Prime Minister ◽  
Constitutional Amendments ◽  
Head Of State ◽  
Form Of Government ◽  
The Russian Federation ◽  
The Government ◽  
Practical Recommendations

The article discusses some issues of the formation of the Government of the Russian Federation, appointment of the Prime Minister of the Russian Federation and members of the Government of the Russian Federation, participation in the process of the head of state and Parliament in accordance with constitutional form of government in Russia, there is a relationship between the ways of forming a Government with the constitutional status of this body, its political potential. The article analyzes the latest amendments to the Constitution of Russia regarding the formation of the Government, and formulates relevant scientific and practical recommendations.

scholarly journals INSTITUTE OF PRESIDENCY IN HUNGARY AND UKRAINE: POLITICAL AND LEGAL ASPECT

2020 ◽  
pp. 85-94
Author(s):  
Sergii Tellis ◽  
Keyword(s):  
Comparative Study ◽  
Legal Status ◽  
Legal Aspect ◽  
Executive Branch ◽  
The Political ◽  
Constitutional Court ◽  
Personal Impact ◽  
Positioning Strategy ◽  
Head Of State ◽  
The Government

The article provides a comparative study of the constitutional powers granted to presidents in Ukraine and Hungary in the context of the political and legal aspect, and also an attempt to appraise the role of subjective factors involved in the exercise of state power and transformation of the presidency institute of the aforementioned states. The aim of the article: to comparative study of the constitutional and legal status of Hungarian and Ukrainian presidents in the political and legal context and performing an appraisal of the personal impact exerted by the head of state on the government of the above-said countries. The research methodology: to observation and generalization; ordering of all basic elements; method of scientific generalization, which made it possible to formulate conclusions. As a result, it is established that the institution of the presidency in Ukraine is the core of the executive branch, which dominates the state system. In Hungary, the executive and legislative branches make up a political bloc (alliance) which is counterbalanced in certain relations by the constitutional court and judicial power. The subjective factor, namely personal qualities of presidents – career path, role perception, interpretation of powers – determines the political heft of the head of state. Subject to sufficient individual traits, a constitutionally “weak” president is able to influence the country’s development concept and the positioning strategy on the global scene.

scholarly journals Separation of powers as a principle of organization and activities of executive authorities in the Russian Federation

2021 ◽  
Vol 7 (2) ◽  
pp. 510-518
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Iurii S. Shpinev ◽  
Diana I. Stepanova ◽  
Oleg N. Malinovsky ◽  
Sergey A. Balashenko ◽  
...  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
State Power ◽  
Executive Branch ◽  
Checks And Balances ◽  
Important Principle ◽  
The Russian Federation ◽  
Constitutional Analysis

This article is devoted to constitutional analysis of the most important principle of organization and activity of executive authorities in the Russian Federation - separation of powers.  The authors developed and justified the concept of an expanded understanding of the principle of separation of powers, with its reduction not only to the functional separation of state power between various levels of government (including within the executive branch), but with the development of a mechanism of checks and balances and the need to change the constitutional balance of priorities of the branches of government. 

The Object and Subject of Public Control in the Russian Federation: Theoretical and Legal Issues

2019 ◽  
pp. 11-19
Author(s):  
Galina Komkova ◽  
Elena Berdnikova
Keyword(s):  
Social Control ◽  
Russian Federation ◽  
Constitutional Court ◽  
Control Activity ◽  
Public Control ◽  
First Case ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
Governmental Institutions

Social control can be considered as a legal relationship, on the one hand, and as a kind of social control, on the other. In the first case, its object is information as a public good or object of legal action, and the subject is the acquisition by its participants of subjective rights and legal obligations arising during their interaction. In the second case, the object is a participant in social interaction, whose actions and decisions are monitored and evaluated by the supervisory authority, the subject being the legal status of the object, determined by compliance with the goals and objectives of the control activity. The article examines such legal gap as the absence of clear definitions of the object and subject of public control. According to the authors, the term «public authority», which appears in these definitions, is abstract and makes perception of certain objects of public control ambiguous. The category of «publicly significant functions» used by both the federal and regional legislators and the Constitutional Court of the Russian Federation is analyzed. From the position of the latter, even non-governmental institutions can perform these functions. The possibility of including the President of the Russian Federation in the list of objects studied by the authors is also being considered. It is concluded that, in general, his activities are not subject to public control, although there appear certain elements of parliamentary control while bringing the head of state to responsibility. The importance of competitive selection of civil servants with extensive public participation is emphasized. It is noted that the latter has no effect in appointing senior officials of the Government of the Russian Federation, and this may worsen the quality of its work. The authors give recommendations for improving legislation in this area.

Issues of Superion Courts of the Russian Federation when Implementing the Legislative Initiative

2020 ◽  
Vol 10 ◽  
pp. 32-41
Author(s):  
N. G. Stenichkin ◽  
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Practical Implementation ◽  
Legislative Process ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Law ◽  
The Right

The problem. The concept of «issues of reference» is used in the Constitution of the Russian Federation when listing the subjects of the law of legislative initiative in relation to the judiciary. The legislation does not disclose or define this concept, which leads to discussion about its content and, as a result, raises questions about the practical implementation of the separation of powers principle in the legislative process. Aims and objectives of the study: we determined the limitations of the law of legislative initiative of the higher courts of Russia from the point of view the legal grounds for such restrictions, their subjects and legal consequences. Methods: we use both the common scientific methods (e. g. systemic, deductive) as the special-legal methods (formal, dogmatic, state-legal modeling method, comparative legal method etc.). Results: we conclude that «issues of reference» is a special constitutional legal term used in the Constitution of the Russian Federation to describe all functions of the certain branch of power or the public authority. This term in its content is broader than the concepts of «authority», «subjects of jurisdiction» and «jurisdiction». The use of the term «issues of reference» towards the higher courts, as subjects of the right of legislative initiative, does not allow us to assert the constitutional sense of existence various types of legislative initiative right, such as general right and limited (special) right. The practice of exercising the right of legislative initiative by the higher courts, as well as the applying the Procedure Rules of the State Duma of the Russian Federation does not provide for any restrictions on the right of courts to initiate bills. Russian legislation lacks mechanisms for applying the term «issues of reference» as an instrument restricting the constitutional right of the higher courts to participate in the legislative process. Also, such mechanisms are not reflected in the regulatory framework governing the activities of the higher courts. The term «issues of reference», applied to the legislative initiative right of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, does not imply any exemptions from the right to initiate bills given by the Constitution to other entities, but this term is used in the delimitation of legislative functions between the higher courts.

Federal Legal Acts Containing Principles and Norms of Labour Law

2020 ◽  
Vol 1 ◽  
pp. 5-15
Author(s):  
V. V. Ershov ◽  
◽  
E. A. Ershova ◽  
Keyword(s):  
Russian Federation ◽  
State Power ◽  
Labour Law ◽  
Federal Constitutional ◽  
The Russian Federation ◽  
Federal Laws ◽  
The Government

The article researches theoretical and practical problems of federal legal acts containing principles and norms of labour law: Constitution of the Russian Federation, federal constitutional laws, federal laws, legal decrees of the President of the Russian Federation, legal decrees of the Government of the Russian Federation and legal acts of other federal bodies of state power.

scholarly journals The Constitutional Status of the President of the Russian Federation in View of the Constitutional Reform in Russia

2020 ◽  
Vol 10 ◽  
pp. 33-36
Author(s):  
Ruslan M. Dzidzoev ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Constitutional Reform ◽  
Constitutional Amendments ◽  
Basic Law ◽  
Head Of State ◽  
Form Of Government ◽  
The Russian Federation ◽  
The Government ◽  
The Relationship

The article examines the constitutional status of the President of the Russian Federation in the light of the latest constitutional amendments that marked a large-scale constitutional reform in Russia, analyzes the new powers of the head of state in the sphere of formation and functioning of state authorities by comparing the previous and new versions of the Basic law of Russia, common standards of a democratic and legal state. A special place in the article is occupied by the analysis of the relationship between the President and the Government of the Russian Federation, the constitutional formula of the General leadership of the President and the Government of the Russian Federation. The study examines the participation of the President in the formation of the Federal Government in relation to the powers of the State Duma. It is noted that the new presidential powers from the position of a mixed (presidential-parliamentary) way of government may seem excessive, but they look natural from the perspective of the presidential form of government in Russia.

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