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.

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 On the Form of Government in the Modern Russia within the Framework of the Constitutional Amendments of 2020

2021 ◽  
Vol 2 ◽  
pp. 31-35
Author(s):  
Yulia A. Gorbul ◽  
Keyword(s):  
Russian Federation ◽  
Constitutional Amendments ◽  
Dominant Position ◽  
The Real ◽  
Basic Law ◽  
Russian State ◽  
Nominal Form ◽  
Form Of Government ◽  
The Russian Federation ◽  
The Republic

The article analyzes trends in the development of the theoretical construction of the form of government of the modern Russian state after amendments to the Constitution of the Russian Federation in 2020. Based on the analysis of the positions of leading Russian legal scholars on the issue of the form of the Republic of modern Russia, the conclusion is made that the changes made to the Basic law of the country in the summer of 2020 predetermined an even greater gap between the real and nominal characteristics of the Russian form of government. The author considers it possible to agree with the opinion of legal experts who define the nominal form of government of the Russian Federation as a presidential-parliamentary Republic with a dominant position of the President in the system of higher state authorities. The analysis of the constitutional amendments of 2020 shows that in practice, due to the real correlation between the branches of state power, the highest state bodies, and direct and inverse relations between state bodies and the population, the form of government in modern Russia can be defined as a special type of presidential Republic.

Questions of federal structure in the revised version of the Constitution of Russia

2020 ◽  
pp. 29-41
Author(s):  
Ruslan Mukharbekovich Dzidzoev
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Federal Law ◽  
Constitutional Amendments ◽  
Systemic Analysis ◽  
General Scientific ◽  
The Russian Federation ◽  
Federal Structure

The subject of this research is the questions of constitutional reform regarding the federal structure of Russia, which require scientific assessment. The object of this research is the legal acts that laid the groundwork for the constitutional reform in Russia: Message of the President of the Russian Federation to the Federal Assembly of the Russian Federation of January 15, 2020; Law on the Amendment to the Constitution of the Russian Federation; Conclusion of the Constitutional Court of the Russian Federation on Conformity with the Amendment of the Current Constitution of Russia. Detailed analysis is conducted on the content of the constitutional amendments, their correlation with the legal logic and the needs of constitutional federal progress in Russia. The combination of applied methods (general scientific and private scientific, such as formal-legal, comparative-legal, systemic) allows determining the degree and limits of impact of the constitutional amendments upon the federal structure of Russia. The key conclusions consist in ascertainment of the large-scale constitutional federal reform in Russia oriented towards the principles of state unity and territorial integrity, which received prominent and holistic reflection in the revised version of the Constitution; need to complete federal reform at the current legislative level via amending the Federal law “On The General Principles Of Organization of Legislative (Representative) and Executive Authorities of Constituent Entities of the Russian Federation”, as well as the Constitution and statues of the constituent entities of the Russian Federation, which should be brought into compliance with the new revision of the Main Law of Russia. The author's special contribution to this research lies in a systemic analysis of recent amendments to the Constitution of Russia, which testify to substantial changes in federal structure of the country. The novelty is defined by the analysis of new constitutional provisions characterizing the content of the constitutional reform in Russia with regards to federal structure, which have not been previously examined in legal science.

scholarly journals The questions of organization of state power in new revision of the Constitution of the Russian Federation

2020 ◽  
pp. 156-166
Author(s):  
Ruslan Mukharbekovich Dzidzoev
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Dominant Role ◽  
Presidential Address ◽  
State Power ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Checks And Balances ◽  
The Russian Federation

The subject of this research is the organization of state power in Russia in light of the amendments to the Constitution of the Russian Federation introduced in 2020 that require systematic scientific assessment. The object of this research is the legal acts that laid groundwork for the constitutional reform in Russia: Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020,  Law on Amendments to the Constitution of the Russian Federation, Opinion of the Constitutional Court of the Russian Federation on correspondence of the amendment to the current Constitution of Russia. The author examines the content of the constitutional amendments, their reference with legal logic and requirements for the constitutional progress in Russia. The following conclusions were formulated: the significance and magnitude of the recent constitutional amendments allows speaking of the large-scale constitutional reform that adumbrates the new stage of constitutional evolution in Russia that results in the reform of state superstructure; constitutional amendments noticeably changes the configuration of state power with regards to ratio of the branches of power, checks and balances, objects and redistribution of the institutions of state power, which testifies to transition of the Russian Federation from semi-presidential (presidential-parliamentary) form of government towards presidential, characterized by dominant role of the President within the state system. The novelty of this research lies in analysis of the new constitutional provisions that describe the content of the Russian constitutional reform in the aspect of characteristics of the leading institutions of state power.

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 Legal and Technical Defects of Constitutional Amendments of 2020

2021 ◽  
Vol 16 (12) ◽  
pp. 24-34
Author(s):  
V. S. Goleshchikhin
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
Basic Law ◽  
Long Time ◽  
The Russian Federation ◽  
Natural Result ◽  
Legal Technology

The quality of legal and technical elaboration of amendments to the Constitution of the Russian Federation, approved by the all-Russian vote on July 1, 2020, does not correspond to the level of the Basic Law. Oddly enough, the constitutional legislator ignored a number of basic technical means, rules and methods of legal technique. Thus, the constitutional amendments were drafted without taking into account the requirements of the structural organization of the legal act, namely: many new norms were included in inappropriate articles, the transitional provision on "resetting the deadlines" was duplicated in the main text of the Constitution. The authors of the amendments abandoned criteria of efficiency and compactness of legislative norms, having included an identical set of restrictions in nine articles of the Constitution in relation to various categories of officials. The text does not meet the requirement for uniformity of legal regulation, legal structures, the unity, simplicity and brevity of terminology: the scope of constitutional restrictions for various categories of officials differs somewhat without any objective reasons; there is no uniformity in the issue of the possibility of establishing additional requirements for officials by laws, “bifurcation” of the titles for senators (who in Chapter 9 of the Constitution are still referred to as members of the Federation Council). Insufficient attention to the requirement of consistency of legal norms has led to the creation of a new contradiction between Art. 71 and 72 of the Constitution of the Russian Federation. Amendments also have a number of other legal and technical defects. Such serious and numerous defects in the legal technique of amendments to the Constitution of the Russian Federation became a natural result of a steady decline in the quality of federal legislation that has lasted for a long time. Constitutional amendments clearly demonstrate an insufficient level of legal culture in our country, which sharply raises the question of a radical improvement in the quality of legal technology, and legislative technology in particular.

scholarly journals The Issue of the Legitimacy of Modern Constitutional Reform

2020 ◽  
Vol 20 (4) ◽  
pp. 449-458
Author(s):  
Elena A. Abaeva ◽  
Keyword(s):  
Russian Federation ◽  
Political Stability ◽  
Constitutional Reform ◽  
The Political ◽  
Presidential Power ◽  
Legal Form ◽  
Theoretical Understanding ◽  
Basic Law ◽  
History Of ◽  
The Russian Federation

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power. Any constitutional reform requires a theoretical understanding of its legitimacy, expediency, legality. Empirical analysis. The main factor in modern constitutional reform is the need for constitutionalization of presidential power. Results. The introduction of additional procedures for the adoption of an amendment to the Constitution testifies to the political will of the President of the Russian Federation to enlist the support of active participants in constitutional processes, thereby putting the ongoing constitutional reform in a legitimate and legal form.

scholarly journals CONSTITUTIONAL CONSOLIDATION OF LOCAL SELF-GOVERNMENT: THEORETICAL AND LEGAL APPROACH

2021 ◽  
Vol 31 (3) ◽  
pp. 421-431
Author(s):  
A.A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Power Relations ◽  
Legal Regulation ◽  
Public Authorities ◽  
Constitutional Amendments ◽  
Municipal Administration ◽  
Basic Law ◽  
The Russian Federation ◽  
Historical Periods

In the article the topical questions of development of local self-government on the basis of requirements of the Constitution of the Russian Federation with the account of constitutional amendments are considered. The author generalizes some discussions of power relations, which are proved by constitutional fixation of local self-government in different historical periods. Theoretical and practical approaches in providing self-government tasks are considered. Attention is focused on revealing problems in legal regulation and law-enforcement practice for applying experience in modern realities. The author characterizes the innovations of the Basic Law, identifying polemical norms. Such as notion and assignment of public authorities, interaction of bodies of state power and bodies of local self-government, participation of federal and regional levels in municipal administration, formation of effective model of organization of activity of bodies of local self-government, offering some ways of solving the examined disputable moments.

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 Ensuring the Independence and Autonomy of the Judiciary in the Context of the 2020 Constitutional Reform

Lex Russica ◽  
2020 ◽  
pp. 41-52
Author(s):  
N. G. Stenichkin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Separation Of Powers ◽  
Constitutional Reform ◽  
Early Termination ◽  
Basic Law ◽  
Legal Foundations ◽  
The Russian Federation

The paper analyzes the amendments to the Constitution proposed by the President of the Russian Federation in connection with certain elements of the constitutional and legal status of the judge, evaluates the possible limits of the change of the Basic Law without distorting the fundamental principles and legal foundations of the Constitution, including ensuring the independence and autonomy of the judiciary and the principle of separation of powers. According to the amendments, the powers of the President and the legislature regarding their influence on the judiciary were considerably expanded. It seems that the changes in the legislation detailing the powers of the President to initiate the early termination of the powers of judges and the procedure itself, should be formulated in such a way that the powers of the President and the Council of the Federation in this regard neither overlap with the powers of the qualification boards of judges nor diminish the independence and autonomy of the judiciary. The author argues that judicial self-government plays an extremely important role in maintaining the balance between the branches of government, creating conditions for effective justice through guarantees of independence of judges. In this connection, the decision concerning early termination of the judges’ powers on defamatory grounds without the participation of bodies of the judicial community, in the absence of elements of an adversarial process and without the possibility of appealing against such a decision, significantly diminishes the constitutional and legal status of the judge. As a result of the conducted research it is proved that amendments to the Constitution have redistributed powers between the branches of government, there are real risks of violation of the principle of independence and autonomy of the judiciary. The constitutional reform should result in making laws aimed at preserving the constitutional balance between the branches of government.

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