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 ◽  

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.

2020 ◽  
Vol 10 ◽  
pp. 33-36
Author(s):  
Ruslan M. Dzidzoev ◽  

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.


Author(s):  
A. M. Budaev

In the current system of public administration in Russia, the most important decisions are taken at the highest state level. A key role in making such decisions belongs to the Head of State — the President of the Russian Federation who, in accordance with the Constitution, determines the main directions regarding development of domestic and foreign policy of Russia. The President holds a special place in the system of public authorities, and he is not directly involved in any of three branches of power. However, he ensures their coordinated functioning and interaction.Direct implementation of decisions in the field of socio-economic development is exercised by the Government of the Russian Federation — the supreme executive body headed by the Chairman of the Government of the Russian Federation. The choice and appointment of the head of this body of state power is the exclusive prerogative of the Head of State established under the Constitution of the country. In turn, the daily work of the Government is the direct responsibility of the Prime Minister.A balanced and well-grounded activity of the President with regard to selecting a candidate to take the office of the Prime Minister, who must have a significant degree of confidence of the Head of State, have a successful professional experience, be ready to take such a responsible position, is essential for the successful solution of key objectives in the field of state construction.The study proposes the author’s periodization of the development of the Russian model of interaction between the President and the Prime Minister of the country, the main recommendations aimed at improving the efficiency in this field of state construction.


2020 ◽  
Vol 12 ◽  
pp. 17-21
Author(s):  
Vadim S. Goleschikhin ◽  

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.


2021 ◽  
Vol 2 ◽  
pp. 31-35
Author(s):  
Yulia A. Gorbul ◽  

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.


Lex Russica ◽  
2021 ◽  
pp. 52-61
Author(s):  
S. V. Gunich ◽  
A. E. Stupnitskiy,

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.


1998 ◽  
Vol 9 (3) ◽  
pp. 107-110

The Managing Director of the International Monetary Fund, Michel Camdessus, visited Moscow on February 17–19, 1998 at the invitation of the Chairman of the Government of the Russian Federation, Viktor S. Chernomyrdin, to discuss the economic policy program for 1998 pursued by the Government and the Central Bank of the Russian Federation in the context of the medium-term economic strategy supported by the IMF's Extended Fund Facility (EFF) covering 1996–1998.The Prime Minister and the Managing Director share a common assessment of the situation, of the strategy, and the policies needed to bring the program to a full success given the prevailing challenges in the international financial environment.


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.


Legal Concept ◽  
2021 ◽  
pp. 114-120
Author(s):  
Anna Sultanova

Introduction: after the adoption of Federal Constitutional Law of 14.03.2020 No.1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” and its approval in the course of the all-Russian vote with the subsequent amendments to the Constitution of Russia, it was necessary to revise a number of normative legal acts concerning the regulation of issues of the organization of public power. In particular, the amendments to the Constitution changed the procedure for the formation and functioning of the Government of the Russian Federation and changed the administrative and legal status of not only the Government, but also its Chairman, as well as the members of the Government, which required the adoption of a new Federal Constitutional Law “On the Government of the Russian Federation”. In this connection, the author aims to study the transformation of the administrative and legal status of the Prime Minister. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the comparative legal method, the method of system-functional analysis, comparative legal analysis. Results: the author’s wellfounded position on the essence of the transformation of the administrative and legal status of the Prime Minister is based on the analysis of the dynamics of the legislation development and is confirmed by modern competent research in the field of constitutional and administrative law. Based on the comparative legal analysis, the study of the elements of the administrative and legal status of the Prime Minister is carried out. The questions are raised about the directions of the transformation of the administrative and legal status in the context of the amendments to the Constitution of 2020. Conclusions: as a result of the study, it is concluded that the administrative and legal status of both the Prime Minister and the Government itself is increasingly dependent on the President, which gives the grounds for researchers to conclude that it is necessary to define Russia in the direction of the classical form of republican government: either presidential or parliamentary. The author proves that the administrative and legal status of the Prime Minister has undergone a number of changes in terms of restricting his rights, including in the formation of the structure of the executive authorities, the management of the Government activities, reporting and responsibility to the President, etc. At the same time, the powers of the President to lead the executive authorities have been expanded, which leads to the idea of Russia’s becoming a classic presidential republic, when the President heads the Government.


Author(s):  
E.V. Klovach ◽  
◽  
A.S. Pecherkin ◽  
V.K. Shalaev ◽  
V.I. Sidorov ◽  
...  

In Russia, the reform of the regulatory guillotine is being implemented in the field of control and supervisory activity. It should result in a new regulatory system formed according to the principles specified in the key federal laws: «On state control (supervision) and municipal control in the Russian Federation» (Law on Control) and «On mandatory requirements in the Russian Federation» (Law on Mandatory Requirements) adopted in August 2020. In the field of industrial safety, this process was launched by the Decree of the Government of the Russian Federation № 1192, which will come into force on January 1, 2021. The main provisions are discussed in the article, which are related to the Law on Control and the Law on Mandatory Requirements. The Law on Control establishes the priority of preventive measures aimed at reducing the risk of causing harm in relation to the control activities, the grounds for carrying out control (supervisory) activities, the types of these activities in the forms of interaction with the controlled person and without such, the procedure for presentation of the results of control (supervisory) activity. The Law on Mandatory Requirements establishes that the provisions of regulatory legal acts should enter into force either from March 1 or September 1, but not earlier than 90 days after their official publication, and their validity period should not exceed 6 years. The drafts of regulatory legal acts developed by the federal executive bodies are subject to regulatory impact assessment. With a view to ensuring systematization of mandatory require ments, their register is kept. The federal executive body prepares a report on the achievement of the goals of mandatory requirements introduction. By January 1, 2021, 10 resolutions of the Government of the Russian Federation, 48 federal norms and rules in the field of industrial safety and 9 other regulatory legal acts of Rostechnadzor should be adopted. The drafts of all the documents are already prepared, some of the acts are completing the process of discussion and approval.


2020 ◽  
Vol 19 (4) ◽  
pp. 618-632
Author(s):  
A.S. Panchenko

Subject. The article addresses the public health in the Russian Federation and Israel. Objectives. The focus is on researching the state of public health in Russia and Israel, using the Global Burden of Disease (GBD) project methodology, identifying problem areas and searching for possible ways to improve the quality of health of the Russian population based on the experience of Israel. Methods. The study draws on the ideology of the GBD project, which is based on the Disability-Adjusted Life-Year (DALY) metric. Results. The paper reveals the main causes of DALY losses and important risk factors for cancer for Russia and Israel. The findings show that the total DALY losses for Russia exceed Israeli values. The same is true for cancer diseases. Conclusions. Activities in Israel aimed at improving the quality of public health, the effectiveness of which has been proven, can serve as practical recommendations for Russia. The method of analysis, using the ideology of the GBD project, can be used as a tool for quantitative and comparative assessment of the public health.


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