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The procedure for forming the government of the Russian Federation. The procedure for the formation and resignation of the Government of the Russian Federation

According to Art. 111 – 112 of the Constitution of the Russian Federation, the procedure for forming the Government of the Russian Federation takes place in two stages. At the first stage The Chairman of the Government of the Russian Federation must be appointed by the President of the Russian Federation with the consent of the State Duma. A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted by the President of the Russian Federation no later than two weeks after the newly elected President of the Russian Federation takes office or after the resignation of the Government of the Russian Federation, or within a week from the day the candidacy is rejected by the State Duma.2

The State Duma considers the candidacy of the Chairman of the Government of the Russian Federation submitted by the President of the Russian Federation within a week from the date of submission of the proposal for the candidacy. After the State Duma has rejected the submitted candidates for the Chairman of the Government of the Russian Federation three times, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections.

Regarding the consequences of three times rejecting candidates submitted by the President, leading to the dissolution of the State Duma, an unclear question arose as to whether the President could propose the same candidacy three times. On this occasion, the Constitutional Court made a decision on the interpretation of part 4 of Art. 111 of the Constitution. The decision of the Constitutional Court recognized that from the meaning of this article, in conjunction with other norms of the Constitution, follows the right of the President to present the same candidate twice or each time a new candidate, his right to insist on its approval, as well as the right of the State Duma to give or not give consent to appointment of the Chairman of the Government.1

The meaning of this procedure is to legitimately overcome the government crisis and ensure the normal functioning of the state mechanism.

At the second stage The Chairman of the Government of the Russian Federation, no later than a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies. This structure is approved by decree of the President of the Russian Federation. The Chairman of the Government of the Russian Federation, in accordance with the approved structure of federal executive bodies, proposes to the President of the Russian Federation candidates for the positions of Deputy Chairman of the Government of the Russian Federation and federal ministers. The President of the Russian Federation, if he agrees with these candidates, approves them by his decrees for the relevant positions.

The Constitution establishes several grounds for termination of the powers of the Government of the Russian Federation. The government resigns its powers to the newly elected President of the Russian Federation. The Constitution of the Russian Federation does not directly indicate the general term of activity for the Government, but links it with the term of activity of the President of the Russian Federation. But since the President of the Russian Federation is elected for four years, therefore, the total term of office of the Government of the Russian Federation is four years.

The Constitution of the Russian Federation establishes four conditions, the occurrence of one of which may result in early termination of the powers of the Government of the Russian Federation: 1. The Government of the Russian Federation may submit a resignation, which is accepted or rejected by the President of the Russian Federation; 2. The President of the Russian Federation may decide to resign the Government of the Russian Federation; 3. The State Duma may express no confidence in the Government of the Russian Federation. A resolution of no confidence in the Government of the Russian Federation is adopted by a majority vote of the total number of deputies of the State Duma. After the State Duma expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation has the right to announce the resignation of the Government of the Russian Federation or disagree with the decision of the State Duma. If the State Duma, within three months, repeatedly expresses no confidence in the Government of the Russian Federation, the President of the Russian Federation announces the resignation of the Government or dissolves the State Duma; 4. The Chairman of the Government of the Russian Federation may raise the question of confidence in the Government of the Russian Federation before the State Duma. If the State Duma refuses confidence, the President, within seven days, makes a decision on the resignation of the Government of the Russian Federation or on the dissolution of the State Duma and calling new elections. Raising this issue may be related to the requirements of the Government of the Russian Federation for the State Duma to resolve this or that issue (for example, to approve the draft federal budget presented by the Government of the Russian Federation).

The composition and powers of the Government of the Russian Federation are determined in the Constitution. Art. 11, in particular, provides that it exercises state power. In Art. 110 of the Basic Law states that its competence also includes executive activities. Let us further consider in more detail the composition and formation of the Government of the Russian Federation.

General information

The Constitution adopted at the end of the last century significantly changed the status of the country's government, increasing it. In addition, the basic law also enshrines the independence of this body. According to Art. 10, the exercise of power in the state is carried out on the basis of its division into three branches:

1. Judicial.
2. Executive.
3. Legislative.

The bodies included in the structure of each direction are independent. The previous Constitution vested executive leadership in the president. At the same time, the accountability of the state government to the head of the country was provided for. In addition, it reported to the Supreme Council and the Congress of Deputies.

Composition and procedure for forming the Government of the Russian Federation

These points are recorded in Art. 110, part 2 of the Constitution. The Government of the Russian Federation includes the following persons.

1. Chairman.
2. Federal ministers.
3. Vice-chairman.

The composition and procedure for forming the Government of the Russian Federation are subject to certain rules. In particular, candidates for the position of deputy, as well as federal ministers, are considered by the president on the proposal of the chairman. The President may introduce the position of a federal-level minister who is not the head of the relevant ministry. At the same time, the head of state may establish that he will simultaneously serve as deputy chairman. Thus, in practice, the Government of the Russian Federation includes officials, the number of which is determined by the president. The Constitution does not limit the number of deputies. These include the first deputies. Their total number is also determined by the president at his discretion.

Organ structure

By presidential decrees, departments and ministries are divided, abolished, and merged. These orders also carry out their renaming and transformation. According to the decrees, the government determines the powers and functions of the reformed and newly created executive bodies at the federal level. It also clarifies the existing provisions in the existing institutions to ensure or implement within the established areas of public policy. Typically, the general structure of the bodies is developed and adopted at the same time as the composition of the Government of the Russian Federation is formed. Subsequently, it is only supplemented and changed. However, in some circumstances the adjustments can be quite significant.

Commission

It is also included in the Government of the Russian Federation and performs a regulatory function. The commission deals with urgent issues related to the functioning of the national economic complex, as well as the interaction of interested departments and ministries. It is headed by the first deputy chairman. There are other deputies on the commission, as well as several ministers. Its decisions are binding on institutions and organizations subordinate to the government. One of the main functions is monitoring the implementation of decisions of the relevant bodies.

Presidium

It is included in the Government of the Russian Federation as a permanent body. The presidium includes: the chairman, his deputies, federal ministers of defense, economics, foreign affairs, finance and others. The structure of this body may change depending on the composition of the Government of the Russian Federation. At meetings of the presidium, the president of the country can act as chairman. During them, any issues that relate to the scope of government activities are considered. At the same time, various kinds of decisions and acts are adopted, including normative ones (for example, a decree of the Government of the Russian Federation on the composition of project documentation). Approval is carried out by a majority of those present. The adopted acts are issued in the form of orders and government regulations. However, they should not contradict the documents approved by the supreme body. The government has the right to cancel any decision made by the presidium.

Ministers

They provide general management of the functioning of the reporting bodies. Ministers bear individual responsibility for the performance of the tasks assigned to them. Based on their recommendations, the government appoints deputies. At the same time, the ministers themselves subsequently distribute responsibilities between deputies. At the same time, they approve the staffing table and structure of the central apparatus. A collegium is formed in each ministry. It includes: the chairman and deputies of the body, as well as other senior officials. The Board regularly holds meetings at which it considers major organizational issues. Ministries, within their competence, issue instructions and orders based on the legislation of the Russian Federation. In addition, the authorities send instructions to federal executive institutions.

Classification of ministers

These officials fall into two broad categories. The first includes the heads of those departments and ministries that, in the course of their activities, report directly to the president, in accordance with his constitutional powers, federal decrees and laws. These include ministers:

1. Internal Affairs.
2. Civil defence.
3. Justice.
4. On emergencies and disaster management.
5. Head of the Border Service.
6. Foreign intelligence.
7. FSNP (tax police).

The President is also subordinate to:

• FS of railway troops.
• FAPSI.
• Main Directorate for Special Programs.
• The State Technical Commission and other bodies whose leaders do not have the rank of federal ministers.

Subordination to the president does not exempt officials from working in the government. These ministers also participate in meetings and vote when making decisions. They also carry out government assignments, bearing collective responsibility. The second group is formed from departments and ministries that function directly under the control of the supreme body. Members of the government are prohibited from holding any other positions in government bodies of local government. They cannot carry out any paid activities, including entrepreneurial activities, except for teaching, creative and scientific activities.

Formation of the government is the procedure provided for by the Constitution of the Russian Federation for the appointment of the Chairman of the Government of the Russian Federation and the approval, at his proposal, by the President of the Russian Federation of other members of the Government. F.P. represents two interconnected stages, two stages.

At the first stage, the institution of the head of the Government of the Russian Federation is formed. The Head of Government is a key and leading position in the state. Due to their significance, the procedures for the appointment of the Chairman of the Government of the Russian Federation are determined by the Constitution and federal constitutional law. The Constitution establishes that the Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma. According to the Constitution (Part 3 of Article 111), the State Duma considers the candidacy of the Chairman of the Government submitted by the President within a week from the date of submission of the proposal for the candidacy.

The second stage of the formation of the Government of the Russian Federation is associated with the appointment of members of the Government (first deputy prime ministers, deputy prime ministers and federal ministers). In addition, the Constitution of the Russian Federation establishes that the Chairman of the Government of the Russian Federation, no later than a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies (Part 1, Article 112).

The composition of the Government is determined by Ch. 6 of the Constitution of the Russian Federation, Art. 6 of the Federal Law “On the Government of the Russian Federation” and includes members of the Government of the Russian Federation:

Chairman of the Government of the Russian Federation;

Deputy Prime Ministers of the Russian Federation;

federal ministers.

In accordance with the decrees of the President of the Russian Federation, Deputy Prime Ministers of the Russian Federation and federal ministers can fill the positions of authorized representatives of the President of the Russian Federation in federal districts.

The structure of federal executive authorities is established by Decree of the President of the Russian Federation dated May 21, 2012 N 636 “On the structure of federal executive authorities.”

The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma from among citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state, in the manner established by the Constitution of the Russian Federation.

The dismissal of the Chairman of the Government of the Russian Federation simultaneously entails the resignation of the Government of the Russian Federation.

Deputy Prime Ministers of the Russian Federation and federal ministers are appointed and dismissed by the President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation. Deputy Prime Ministers of the Russian Federation and federal ministers are appointed from among citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence of a citizen of the Russian Federation on the territory of a foreign state.

The Chairman of the Government of the Russian Federation, no later than a week after his appointment, submits to the President of the Russian Federation proposals on the structure of federal executive bodies and proposes to the President of the Russian Federation candidates for the positions of Deputy Chairman of the Government of the Russian Federation and federal ministers.

The term of office is not constitutionally established, but it is equal to 6 years since it begins to flow (expires) with the acceptance of his powers by the newly elected President of the Russian Federation. The Government of the Russian Federation resigns its powers to the newly elected President of the Russian Federation.

Powers of the Government of the Russian Federation (Article 114 of the Constitution of the Russian Federation):

1) development and submission to the State Duma of the Russian Federation of a draft federal budget and ensuring its execution;

2) ensuring the implementation of a unified state policy in the Russian Federation in the field of culture, science, education, healthcare, social security, and ecology;

3) implementation of measures to ensure the country’s defense, state security, and implementation of the foreign policy of the Russian Federation;

4) implementation of measures to ensure the rule of law, the rights and freedoms of citizens, the protection of property and public order, and the fight against crime;

5) management of federal property;

6) implementation of measures to ensure the rule of law and combat crime;

7) other powers assigned to the Government of the Russian Federation by the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation.

The Government of the Russian Federation exercises control over the activities of executive authorities - both federal and constituent entities of the Russian Federation - on issues within the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and its constituent entities. The Government of the Russian Federation has the right of legislative initiative in the State Duma of the Russian Federation, i.e. the Government of the Russian Federation has the right to introduce bills into the State Duma of the Russian Federation, prepared on behalf of the President of the Russian Federation, and send official reviews on the federal laws and bills under consideration to the chambers of the Federal Assembly.

The government, within its powers, issues:

1) resolutions (are normative in nature and are adopted on issues affecting the main issues of the activities of the Government of the Russian Federation);

2) orders (adopted on operational and current issues that are not of a regulatory nature).

Decrees and orders of the Government of the Russian Federation are legal and binding for execution throughout the entire territory of the Russian Federation.

The Government of the Russian Federation consists of the Chairman of the Government, his deputies and federal ministers. The total number of members of the Government depends on the number of positions of Deputy Prime Ministers, federal ministries of the Russian Federation, government positions of ministers of the Russian Federation, introduced by presidential decrees. The composition of the Government has legal significance for determining the competence of the decisions it makes. Each member of the Government has the right to one casting vote at Government meetings. A meeting of the Government is considered valid if at least half of its members are present.

Formation of the Government. The Chairman of the Government is appointed by the President with the consent of the State Duma. The appointment of a new Chairman of the Government and, accordingly, the formation of a new Government occur every time after; a) the assumption of office by the newly elected President (this may be a person who previously held the position of President and was re-elected for a new term); b) resignation of the Government.

The President, no later than two weeks after taking office or after the resignation of the Government, is obliged to submit to the State Duma a proposal on the candidacy of the Chairman of the Government. The State Duma is obliged to consider the submitted candidacy within a week and adopt a resolution on giving consent to the appointment or rejecting it.

The procedure for considering this issue and adopting a resolution is regulated by the Rules of Procedure of the State Duma. The President or his authorized representative in the State Duma officially nominates a candidate for the post of Chairman of the Government. The candidate for the position, in turn, presents to the State Duma a program of the main directions of activity of the future Government and answers questions from deputies. The discussion takes place publicly, representatives of factions and parliamentary groups speak, speaking for or against the nominated candidacy.

The consent of the State Duma is considered received if a majority of the total number of Duma deputies votes for the proposed candidacy. If the submitted candidacy is rejected, the President makes a new proposal within a week from the date of its rejection. When submitting proposals for candidates for the post of Chairman of the Government to the Duma, the President has the right to present the same candidate twice, three times, or to present a new candidate each time.

If the State Duma rejects the submitted candidates three times, a special procedure for forming the Government comes into force. The President independently appoints the Chairman of the Government, dissolves the Duma and calls new elections. At the same time, the President can appoint any candidate, both previously proposed to the Duma and a new one. After the election of a new Duma, the Chairman of the Government, appointed by the President in a special manner, continues to work without going through the approval procedure.

Resolution of the Constitutional Court in the case on the interpretation of Part 4 of Art. 111 of the Constitution of the Russian Federation caused a mixed assessment by the scientific legal community. Most of the authors of the publications did not support the position of the Constitutional Court, joining two dissenting opinions of judges N.V. Vitruk and V.O. Luchin, who believe that the President does not have the right to represent the same person three times, without taking into account the opinion of the State Duma. Here is an excerpt from the dissenting opinion of Judge N.V. Vitruk: “The State Duma, giving consent to the President of the Russian Federation to appoint the Chairman of the Government of the Russian Federation, acts as a means of check, a certain counterbalance, but it cannot be a means of pressure, since the number of rejections of candidates is limited.

The President, when proposing candidates for the post of Chairman of the Government of the Russian Federation, must seek and find agreement with the State Duma, selecting the appropriate candidate.” According to judge V.O. Luchina, the State Duma “must have a real opportunity to choose from the presented candidates the one that it considers the most acceptable. If the State Duma, as a subject of legislative power, has expressed a negative attitude towards the presented candidacy, then the President should not impose his will. He cannot violate the independence of the legislative branch and is obliged to obey its decision?

The Constitution does not limit the choice of the President to the political affiliation of the candidate for the post of Chairman of the Government, although he is forced to take into account the balance of political forces in parliament. Constitutional practice indicates that this person must be a professional manager, who, as a rule, has already worked in the Government in other positions. The figure of the Chairman of the Government has high political weight, constitutional and administrative significance and cannot be reduced to the role of the “technical director” of the government.

Deputy Prime Ministers and federal ministers are appointed and dismissed by the President at the proposal of the Prime Minister. This procedure does not yet have a sufficient degree of publicity and openness, since only two officials participate in the discussion. The President does not have the right to ignore candidates submitted to him by the Chairman of the Government or to appoint any persons contrary to the position of the Chairman of the Government. In fact, this can happen, but taking into account the principle of constitutional interaction between authorities and coordination of wills, the President is obliged to show constitutional restraint in relation to his prerogatives, ensuring the right of the Chairman of the Government to select a team of like-minded people.

The procedure for forming the Government is not limited by strict time frames. Some of the Deputy Prime Ministers and key ministers are usually appointed in the first days after the appointment of the Prime Minister. At the first meeting of the new cabinet, it is quite acceptable for the presence of persons who are still performing the duties of members of the Government who have resigned or resigned.

Termination of the activities of the Government. The government is formed with a predetermined duration. The maximum possible term of his activity corresponds to the term of office of the President who formed the Government, i.e. four years, to which should be added the time required for the newly elected President to take office. It is necessary to distinguish between constitutional mechanisms for the resignation of the Government and the resignation of its powers. Removal from office of individual members of the Government. In some cases they may be interrelated.

The Chairman of the Government is dismissed from office by the President upon application of resignation or in the event of his impossibility of fulfilling his powers. The law provides that the dismissal of the Chairman of the Government simultaneously entails the resignation of the Government. On the day the decision is made to dismiss the Chairman of the Government, the President notifies the chambers of parliament about this.

Within the meaning of the law, the President does not have the right to dismiss the Chairman of the Government at his discretion without requiring his resignation. And although a statement is an act of voluntary expression of will, in this procedure the Chairman of the Government has no choice. Due to the principle of coordinated interaction between government bodies, he is obliged to resign at the request of the President. If no statement is made, the President dismisses the entire Government.

And although the legal consequences in both cases are the same, the practice of dismissing the Government in order to replace only the Chairman of the Government cannot be considered justified. The same applies to situations when the Chairman of the Government learns of his resignation after the President signs the corresponding decree.

On his own initiative, the Chairman of the Government submits a letter of resignation if he does not agree with the main directions of the state’s domestic and foreign policy determined by the President, including the forms and methods of interaction between the head of state and the Government, or for personal reasons related to health , family relationships.

The impossibility of the Chairman of the Government to fulfill his powers - the second basis for dismissal from office - can be expressed in situations where the actual filing of an application for objective reasons is impossible or inappropriate (being in a sick condition for a long time, committing a crime, applying to a foreign state for political asylum) .

Removal from office of Deputy Prime Ministers and federal ministers is carried out in the same manner as appointment - by decree of the President upon proposal of the Chairman of the Government. This mechanism is more consistent with forced resignation. Members of the government can apply for their voluntary resignation. The question is to whom this application is submitted (to the President or the Chairman of the Government), whether the President is obliged to take into account the opinion of the Chairman of the Government, and also whether the President can not accepting the voluntary resignation of a member of the Government remains outside the scope of legislative regulation.

It is obvious that the voluntary resignation of a member of the Government, by analogy with the resignation of the entire Government, may not be accepted if the person does not insist on being dismissed from office, and the application submitted by him is considered as an act of political responsibility that he is ready to bear for certain actions or events. Removal from office of a member of the Government may also occur as a result of the abolition of a federal ministry, reduction of the position of Deputy Chairman of the Government, or the elimination of the state position of Minister of the Russian Federation in certain areas of activity.

The Constitution of the Russian Federation provides for several procedures for the resignation of the Government:

1. resignation letter from the Government (Part 1, Article 117);
2. constitutional initiatives of the President (part 2 of article 117);
3. the State Duma expressing no confidence in the Government (Part Zet. 117);
4. refusal of the State Duma to trust the Government (part 4 of article 117):

The government can submit resignation, which is accepted or rejected by the President (Part 1 of Article 117 of the Constitution). In this case, the Chairman of the Government, on behalf of the Government, submits a request (application) for resignation. The legislation is silent about the procedure for making such a political decision, but, based on the meaning of the constitutional norm, this should be a collegial decision, although it is not necessary to hold a meeting to determine the opinions of all members of the Government. The Government's resignation letter acts as a unique means of seeking political support from the President - he can provide it without accepting the application, or refuse it by sending him to resign.

The President may decide to dismiss the Government on his own initiative based on constitutional discretion. This discretion has certain boundaries established by the constitutional principles of coordinated interaction, independence of public authorities, and responsibility of authorities. It is desirable that the presidential decision be politically motivated.

The State Duma may express no confidence in the Government. A motivated motion to express no confidence may be submitted by a group of deputies numbering at least one fifth of the total number of deputies of the Duma. A resolution on this issue is adopted by a majority vote of the total number of deputies within a week after its introduction.

In connection with the consideration of this issue, the Chairman of the Government has the right to make a political statement at a meeting of the Duma. During the discussion, deputies ask questions to members of the Government and express their opinions. Deputies who initiated the expression of no confidence have the right to withdraw their signatures before voting; if in this case the number of deputies who submitted the proposal becomes less than one fifth, then the issue is removed from consideration.

The President has the right to use the initial expression of no confidence as a constitutional reason for the resignation of the Government or to disagree with the opinion of the State Duma. If within three months the Duma repeatedly expresses no confidence in the Government, the President is obliged to decide to resign or dissolve the State Duma and call new elections.

The Chairman of the Government may raise the question of confidence in the Government before the State Duma. In this case, he submits a reasoned proposal to the Duma, which is considered on an extraordinary basis. If the Duma refuses confidence, the President is obliged to sign a decree within seven days on the resignation of the Government or a decree on the dissolution of the State Duma and calling new elections. Such strict legal consequences served as the reason for enshrining in the Rules of the State Duma a unique decision-making procedure, which in some cases makes it possible to avoid direct pressure on deputies.

First, a resolution of confidence in the Government is put to a vote - if it does not receive a majority of votes, a resolution of no confidence in the Government is put to a vote. If it does not receive a majority of votes, consideration of the issue is terminated.

When applying these provisions, one should take into account the restrictions on the dissolution of the State Duma established by Part 3 of Art. 109 of the Constitution, namely, the President does not have the right to dissolve the State Duma within a year from the moment of its election.

Constitutional practice was faced with a layering of procedures for expressing no confidence and raising the question of trust, which does not contradict the Constitution, but under certain circumstances distorts the meaning of interaction between the two branches of government. Naturally, by expressing mistrust, the State Duma seeks to influence the goals, objectives, methods of political and administrative practice of the Government.

If, after a short period of time after expressing no confidence or at the time of consideration of this issue, the Chairman of the Government raises the question of confidence in the Government, the State Duma will be forced, under the threat of dissolution, to make such a decision, although the Government at this point has not taken real steps to change its political course.

In this regard, the Rules of Procedure of the State Duma provide a mechanism that allows these two constitutional procedures to be separated in time. If the State Duma expresses no confidence in the Government, and the President does not agree with this decision, then the Chairman of the Government’s proposal for confidence is considered after three months from the date of expression of no confidence.

The legislation does not provide for the possibility of the State Duma to express no confidence in an individual member of the Government, and therefore, if such a resolution is adopted, it is only the official position of the Duma and does not entail legal Consequences.

The ordinary constitutional procedure for terminating the activities of the Government is the resignation of powers to the newly elected one; The President (Article 116 of the Constitution). Thus, on the one hand, the continuity of state power is ensured, and on the other, conditions are created for the new President to exercise his prerogatives to form the Government. This mechanism also operates when the President is re-elected for a second term.

The resignation is formalized by an order of the Government, which is signed by its Chairman on the day the President takes office. In the event of resignation or resignation, the Government, on behalf of the President, continues to act until the formation of a new Government (Part 5 of Article 117 of the Constitution). This procedure allows for the continuity of executive power, but the newly elected President, who decides to change the political course, may not take advantage of it, appointing other persons as acting persons.

Upon dismissal of the Chairman of the Government, the President has the right to entrust the performance of the duties of the Chairman of the Government to one of his deputies for a period of up to two months. Constitutional practice expands the conditions for the application of this norm, since the Chairman of the Government, who is not dismissed from office, but who resigns along with the Government, as a rule, does not remain to fulfill his duties, in contrast to the Government’s resignation to the President who has been re-elected for a new term.

It seems that the President does not have the right to assign the responsibilities of the Chairman of the Government to himself (although such experience existed in Russian constitutional practice) and does not have the right to assign these responsibilities to a person who is not the Deputy Chairman of the Government.

The practice of new personnel appointments made by the President alone after the resignation of the Government requires additional justification. We are talking about cases of appointment of an acting Deputy Chairman of the Government, who is entrusted with the duties of the Chairman of the Government.

Obviously, the President has the right to remove from office individual members of the Government who have resigned, thereby revoking his instructions to fulfill their assigned duties. In this case, coordination of personnel appointments with the acting Chairman of the Government is not required.

The Government of the Russian Federation is a collegial body exercising executive power and consists of the Chairman, deputies and heads of ministries. The task of the Government as a collegial state body is to implement laws, promptly resolve government issues and participate in legislative activities. Acts strictly in accordance with the articles of the Constitution, guided by the principles of democracy, the rule of law, transparency, the principles of maintaining rights and freedoms, as well as on the basis of federalism.

The principle of separation of powers

The main legal document of the Russian Federation, the Constitution, enshrines the fundamental principle of a clear division of power. Each of the branches is autonomous, independent and independent. Members of the Cabinet of Ministers report on the results of their activities to the President of the Russian Federation. They also do not have the right to participate in the work of departments belonging to another branch of government.

The principle of government formation and the appointment of the Chairman

The government is formed for an indefinite period, but it is obliged to cease its activities with the election of a new president. Chapter 6 of the Constitution prescribes the following procedure:

• The government automatically ceases its activities at the moment of resignation of the current President;
• After election, submits for consideration a new candidacy for the Chairman of the Government;
• If approved for the position by the State Duma, the new one must form a structure and designate the composition of the Cabinet of Ministers within a week.
• The Duma may reject the candidate, and then the President receives the right to single-handedly appoint the Chairman of the Government, and the procedure provides for the dissolution of the Legislative Assembly.

The government is led by the Chairman. He appoints several deputies from among the ministers. One of them has the right to sign and can replace the Prime Minister during his absence. Other deputies must oversee specific areas. Their responsibilities include coordinating the work of commissions and ministries united within the framework of common issues.

The government consists of ministers, of whom there are twenty-two in the Russian Federation, according to the number of departments. Members of the Government are required to comply with the following restrictions:

• Ministers cannot have their own share in the assets of companies of any organizational form, conduct business, or engage in any type of work for pay, with the exception of teaching, creativity and science;

• Current members of the Government cannot sit in the chair of deputies at any level, as well as receive any elected positions in the government structure or join any boards of trustees;

• It is not allowed to be a representative of anyone’s interests;

• It is prohibited to use one’s official position for the purpose of one’s own popularization and enrichment;

• A member of the government cannot use his own funds or the funds of sponsors and philanthropists to carry out professional activities;

• Since 2013, ministers have been prohibited from holding deposits in foreign banks or financial assets of foreign companies.

Authority and Responsibility

Functions of the Government- this is the implementation of domestic policy provisions and regulation of foreign policy, issues of public, social and economic life, ensuring strict compliance with existing laws and developing targeted programs. The government is vested with the following powers to solve the assigned tasks:

The Government is responsible for the results and results of its work to the President and the Legislative Assembly. Every year it must submit a report to the Duma on the work done. In working order, at the request of legislators, provide them with information about the progress of the process of developing regulations within the limits limited by competence.

Structure of federal executive authorities

Regional governments are part of the executive branch structure. They are vested with powers by decision of the Federal Government, unless the Constitution contains rules prohibiting this. Local meetings of ministers can also partially transfer their functions to the Government of the Russian Federation when this complies with the rules of law and is formulated in the relevant agreement.

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