The composition of the government of the Russian Federation and the formation procedure. Composition and procedure for forming the government of the Russian Federation
The Government of Russia is the highest body of administrative power. He is obliged to report on the work done to the president. Also controlled by the outside. Carries out activities on the basis of the Constitution, as well as other federal laws and presidential decrees.
Order
The executive body of power is the Government of the Russian Federation. The formation procedure begins with the approval of the chairman, who is its main figure. The latter determines the main work and directions of activity of the Government. The head of the administrative authority is appointed only with the consent of the State Duma, which enjoys sufficient authority. The Chairman of the Government quite often meets with the head of state and even replaces him if the latter is unable to perform his functions for health reasons.
The candidacy of a person for the position of head of an administrative body is submitted by the president to the State Duma. A decision on this issue should be made within a week. If the State Duma rejects a candidate for the position of chairman more than three times, the president dissolves it and himself appoints the head of this body. After which the formation of the Government occurs in a fairly simple way. The chairman of the administrative authority proposes certain candidates to the head of state, and the president reviews and approves them. Everyone cannot engage in entrepreneurial and other commercial activities. In addition, they must submit an annual income tax return.
That is why such an administrative body as the Government of the Russian Federation, the formation of which is carried out in accordance with the Constitution and other federal laws, must meet the highest requirements of competence.
Activity
The Russian government has fairly wide boundaries of its influence, and they concern all spheres of life of society as a whole. He is an accomplice in the budget process, because he is involved in its preparation and monitors its implementation.
The competence of the Government of the Russian Federation is as follows:
- carries out management of state property, deals with issues of privatization and rational use of all federal enterprises;
- ensures the implementation of social policy, affecting culture, education, art, because in each such area there is a specific resolution of a given administrative body;
- takes the necessary measures to strengthen Russia’s defense, its security, as well as the implementation of foreign political activities;
- controls the fight against crime, is involved in taking measures to protect order in society, people's rights, and resolves issues of logistical support for law enforcement agencies.
It should also be noted here that this is not a complete list of all his powers. The competence of the Government of the Russian Federation is much broader and more diverse, because there are quite a large number of different federal laws, decrees of the head of state, which clarify and specify its functions.
Compound
Determined by the Constitution and the Federal Law "On the Government of the Russian Federation" and includes the following members:
- chairman;
- his deputies;
- ministers.
The structure of administrative authorities is prescribed in the presidential decree. In addition, deputy chairmen and ministers can be authorized representatives of the head of state in federal districts.
The body of the highest administrative power is the Russian Federation, the procedure for its formation, as well as its structure and powers are fully reflected in the Constitution, as well as in the Federal Law.
Resignation
Removal from the position of the chairman entails the termination of the activities of the Government. As a rule, this happens after a new president comes to power. The head of state can make an independent decision to resign the Government, and the State Duma also has the right to influence this if it does not have confidence in him. In case of resignation and termination of powers, this body continues to carry out its activities only on the basis of instructions from the president. These norms are enshrined in the Federal Law on the Government of the Russian Federation.
Validity
The administrative authority - the Government of the Russian Federation, the procedure for the formation of which is provided for by the basic law of the state, does not have a specific period of existence during which it performs its functions. At the same time, the period of its action and powers is determined until a new president comes to power. Therefore, behind the scenes, such a deadline still exists. The newly elected President appoints another Government and its composition.
This rule does not mean that the administrative authority will be disbanded on election day. This happens only after the head of state takes office, after which he can leave the previous Government until the new one begins to operate.
Documentation
The Constitution establishes that in order to comply with the laws and decrees of the head of state, this government body adopts:
- orders - this is how decisions on current issues are formalized;
- resolutions are the most significant and are normative in nature.
These acts of the Government of the Russian Federation must be adopted at a meeting of the presidium, or less often - personally by the head, by whom they are signed. If orders and resolutions contradict the basic law of the state, they can be canceled by the president. These acts of the Government of the Russian Federation are subject to mandatory publication, with the exception of those that contain information that is not subject to disclosure.
Status
The government is the main authority that manages public affairs. In addition, he manages all structural divisions whose activities are not within the competence of the president. The legal status of the Government of the Russian Federation is determined by the Constitution and the Federal Law. In addition, its leadership extends to those bodies that carry out their work in the social, cultural and economic spheres.
The Government is headed by the Chairman, with deputies and ministers subordinate to him. These persons are appointed to positions only by the president, and in the same way they terminate their activities. The head of state can coordinate the work of the Government and attend its meetings, although he does not head it. The chairman organizes the work of this body, has the right to cast a decisive vote, and represents the interests of the country outside its borders. In addition, he signs all adopted acts and reports to the president on which ministers need to be punished or thanked.
The Deputy Chairman of the Government of the Russian Federation, depending on what powers he performs and in what area he coordinates the work of federal administrative authorities, can take part in their meetings. In addition, he can act as the chairman himself if the latter, for good reasons, is temporarily unable to carry out his work. In addition, the deputy has the right to conduct meetings of the Presidium.
To resolve certain state issues, the latter has the right to carry out organizational work in the area in which it is necessary, and to attract specialists. Each Deputy Chairman of the Government of the Russian Federation monitors the work and activities of administrative authorities at the highest level.
In turn, ministers who are members of the government participate in the preparation of decisions, after which they are engaged in their implementation. When exercising their powers, they must report to the Government.
In addition, the administrative authority for solving special problems can form a Presidium, which includes 12 of its members. Their meetings take place once every seven days.
Thus, the legal status of the Government of the Russian Federation confirms its importance in solving special state problems and adopting by-laws that do not contradict the Constitution and extend their effect throughout the country.
Apparatus
To implement the decisions taken, the Government creates its own special government body. He provides and coordinates its activities. The Government Apparatus in its work is guided by the supreme law of the state and presidential decrees, as well as other regulations. It is led by the chairman himself, or his deputy, who is called the head of this structural unit of the executive body, or the minister. In addition, the apparatus uses in its work the regulations on the Government of the Russian Federation, which was approved by decree.
The main functions of this body are as follows:
- prepares expert opinions on verification of received acts that require a decision;
- carries out instructions from the chairman;
- controls the implementation of Government decisions;
- Conducts meetings as directed by the manager;
- interacts with the chambers of the Federal Assembly;
- represents the interests of the administrative authorities.
Appointment procedure
The Chairman of the Government is appointed to the position only by the head of state, but with the consent of the State Duma. A candidate for such a position must only be a citizen of Russia. Such a proposal is made by the new president no earlier than 14 days from the date the latter assumed his powers or after the resignation of the old chairman.
The State Duma can consider the proposed candidacy within one week. If it has rejected such a proposal from the president three times, he has the right to decide to dissolve it and call the next elections. In addition, he independently approves a citizen for this position.
The procedure for appointing the Chairman of the Government of the Russian Federation is determined by the Constitution and the Federal Law. The president has quite a lot of powers.
Dismissal from the post of chairman is always accompanied by the resignation of the Government. In this case, this official may resign on his own initiative.
If the president is unable for some reason to fulfill his duties, then the Chairman of the Government does this for him.
Organization
All work of the Government is carried out on the basis of:
- Constitution.
- Federal Code of Law dated December 17, 1997.
- Regulations and regulations dated 06/01/2004.
At the meetings of this body, some of the most significant and important issues of the country related to social and cultural life, as well as foreign policy, are resolved. Accordingly, they are considered:
- proposals to issue government securities, to increase taxes;
- draft programs;
- problems related to the privatization of federal property.
Meetings are held if necessary, but not more than once a month. According to the Constitution, the president may attend them if the chairman for some reason cannot participate in them (vacation, business trip, illness). The main law of the state, which gives this body sufficient powers, speaks about what the Government of the Russian Federation is, the formation procedure, composition, term of office.
Preparatory work
The work of the main body of administrative power is carried out in accordance with certain plans, which must be provided no later than 15 days before the start date of the meeting. This responsibility is assigned to leaders who are members of the Government and carry out such activities locally. These citizens bear personal responsibility for the preparation of materials. The draft agenda must be prepared by the Chief of Staff and submitted to the Deputy and Chairman of the Government. If this document is the last to be approved, it is sent to all participants of the meeting, but no later than five days before its consideration.
The administrative authority - the formation procedure, powers are enshrined in the Federal Law of December 17, 1997, which defines its goals and indicates the directions of activity.
Interaction
The government finances the courts. In addition, it ensures the execution of decisions of these bodies. It is also worth noting the fact that some decisions directly relate to the courts and even indicate their application in practice. In addition, the administrative authority actively interacts with the Federal Assembly, because it has the right to submit legislative initiatives there.
In addition, the Government issues opinions on introducing or, conversely, exempting taxes, and also takes into account the expenses that the state will have to bear from its budget. Also, this government body has the right to make its own amendments to those draft laws that are under consideration in the State Duma.
Meaning
This is considered the basis of administrative power throughout the country. The composition and procedure for forming the Government of the Russian Federation is prescribed in the Constitution, as well as in another Federal Law, which was adopted in December 1997. These regulations cannot be lower than others, and therefore the activities of this government body are carried out in accordance with them.
The Russian government system is quite streamlined. It has its own functions and strict legislative divisions. It is headed by the Government of the Russian Federation, which manages the federal administrative authorities, the latter, in turn, control ministries, services and agencies. Each of them has its own powers.
The Ministry performs the following functions:
- develops public policy plans;
- regulates the areas of activity that are established in government acts.
The services, in turn, exercise supervision and control in certain areas of the population’s life, in the field of protecting the country’s borders and defense, monitor the observance of public order, and fight crime.
Agencies also have their own specific functions, in addition to supervision and control. They provide services for managing state property, its distribution, and also have law enforcement functions.
Despite the powers granted to the administrative authority, the president takes part in many of its decisions and even sometimes chairs the meetings. In addition, the Chairman of the Government is appointed to office and resigns only by his order. Also, the administrative authority does not have a set term of office, although in fact it depends on the president.
The Government of the Russian Federation is the highest executive body of the state. authorities throughout the country. Its legal status is determined by Ch. 6 KRF and FKZ dated December 17, 1997 “On the Government of the Russian Federation”.
The Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, his deputies and federal ministers (Art.
110 of the Constitution).
The Chairman of the Government is appointed by the President in the manner established by the Constitution and is dismissed by him from office. The dismissal of the Chairman of the Government from office simultaneously entails the resignation of the Government. Deputy The Chairman of the Government and federal ministers are appointed and dismissed by the President at the proposal of the Chairman of the Government. Members of the Government are subject to requirements to submit to the tax authorities information about income received and subject to taxation, securities, as well as about property subject to taxation that belongs to them by right of ownership.
Competence of government
The government, according to Art. 114 of the Constitution:
· develops and submits to the State Duma the federal budget, ensures its execution and reports on this to the State Duma;
· ensures the implementation of a unified financial, credit and monetary policy in the country;
· ensures the implementation of a unified state policies in the field of culture, science, education, healthcare, social security, ecology;
· manages federal property;
· carries out measures to ensure defense, state. security and implementation of the country's foreign policy;
· implements measures to ensure the rule of law, rights and freedoms, protect property and public order, and fight crime;
· exercises other powers assigned to him by the Russian Federation, Federal Law, and decrees of the President of the Russian Federation.
According to the Federal Constitutional Law (federal constitutional law) of December 17, 1997, the Government, within its powers:
· organizes the implementation of domestic and foreign policies;
· carries out regulation in the socio-economic sphere;
· ensures the unity of the executive power system of the Russian Federation, directs and controls the activities of its bodies;
· forms federal target programs and ensures their implementation;
· exercises the right of legislative initiative granted to him. By agreement with the executive authorities of the constituent entities of the Federation, the Government may transfer to them the exercise of part of its powers, if this does not contradict the Constitution and the Federal Law;
· it exercises the powers delegated to it by the executive authorities of the constituent entities of the Federation on the basis of relevant agreements.
The government issues decrees and orders and ensures their implementation. These acts are of great importance for the formation of a general legal framework in the field of management, which is explained by the high position of the Government in the state and in the executive power system.
The Federal Law “On the Government of the Russian Federation” enshrines specific powers of the Government separately by area (economy, social sphere, etc.), as well as the powers of the Chairman of the Government to organize the work of the Government, the powers of Deputy Prime Ministers, federal ministers, and the Presidium of the Government. In addition, provisions are provided to ensure the coordinated functioning and interaction of the Government with other state bodies - the President, the Federal Assembly, judicial authorities and state bodies of the constituent entities of the Federation.
Thus, in order to increase the efficiency of the Government’s participation in the legislative process, as well as to ensure coordination of the activities of federal executive authorities, by Government Resolution of February 1, 2000. The Regulations on its authorized representatives in the chambers of the Federal Assembly were approved.
The Government Decree of November 9, 1998 established that the authorized representative of the Government in the Constitutional Court of the Russian Federation coordinates the activities of representatives of federal executive authorities in representing the interests of the Government in the Constitutional Court of the Russian Federation.
According to the Presidential Decree of April 2, 1992. Administrations of territories and regions, in agreement with the Government, have the right to establish representative offices of administrations under the Government. The republics have their own representations under the President of the country. These representative offices are important mechanisms of direct and feedback connections between the center and the subjects of the Federation, ensuring the integrity of the state body of Russia.
The government has the right to establish organizations, create coordination and advisory bodies, as well as bodies under the Government (for example, there are Government Commissions on operational issues and migration policy).
To ensure the activities of the Government and organize control over the implementation by executive authorities of decisions adopted by the Government, the Government Apparatus is formed, which consists of a number of structural units - departments, directorates, etc. It interacts with the Administrator. The President and the staff of the chambers of the Federal Assembly.
The Government Decree of June 8, 1999 “On some issues of organizing the work of the Government of the Russian Federation” established that in order to ensure a comprehensive consideration of socio-economic issues of the country’s development and strengthen interaction with government bodies of the constituent entities of the Federation, on an equal basis with members of the Government Presidium at Government meetings, they participate in the development of decisions Chairman of the Central Bank of Russia, Special Representative of the President for Relations with International Financial Organizations and President of the Russian Academy of Sciences. Heads of executive authorities of the constituent entities of the Federation, elected as heads of interregional associations, participate in Government meetings on an ongoing basis, and others may be invited to meetings on the most important issues and issues affecting the interests of the constituent entities of the Federation.
The government directs the work of federal executive bodies and controls their activities, taking into account the following features. The President, as the Supreme Commander-in-Chief of the Armed Forces and Chairman of the Security Council, by his decrees and orders directs the activities of the federal state forces in charge of issues of defense, security, internal affairs, justice, tax police, emergency prevention and disaster relief. The government manages these bodies in accordance with the Russian Federation, Federal Laws, Federal Laws, decrees and orders of the President.
The Chairman of the Government systematically informs the President about the work of the Government, and the Government informs citizens through the media about the issues discussed at meetings, as well as about the decisions taken on them.
The Government relinquishes its powers to the newly elected President. The government can submit resignation, which is accepted or rejected by the President.
More on topic 8. Government of the Russian Federation: formation procedure, composition, competence, resignation of the Government:
- 13.6. UK Government: formation procedure and legal status
- AGREEMENT BETWEEN THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS, THE GOVERNMENT OF THE GERMAN DEMOCRATIC REPUBLIC AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF POLISH ON COOPERATION IN SAVING HUMAN LIVES AND PROVIDING ASSISTANCE TO SHIPS AND WITH TO AIRCRAFT IN DISTRESS ON THE BALTIC SEA *
- 13. Government of the Russian Federation: legal basis for formation, structure.
- AGREEMENT BETWEEN THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS, THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF BULGARIA AND THE GOVERNMENT OF THE ROMANIAN PEOPLE'S REPUBLIC ON COOPERATION IN SAVING HUMAN LIVES AND PROVIDING ASSISTANCE TO COURTS AND WITH AIRCRAFT IN DISTRESS ON THE BLACK SEA *
Question 18. The procedure for the formation and composition of the Government of the Russian Federation.
Government of the Russian Federation– the highest executive body of state power. According to the Constitution of the Russian Federation (Article 110), it exercises the executive power of the Russian Federation and heads the unified system of executive power of the Russian Federation.
Composition and procedure for forming the Government of the Russian Federation.
1. Chairman of the Government– appointed by the Government of the Russian Federation with the consent of the State Duma.
The Chairman of the Government of the Russian Federation is appointed by the President 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.
A proposal for a candidacy is submitted no later than two weeks after the Government of the Russian Federation takes office or the resignation of the State Duma of the Russian Federation, or no later than a week from the date of rejection of the candidacy of the Chairman of the Russian Federation by the State Duma of the Russian Federation;
The State Duma considers the candidacy of the Chairman of the Russian Federation within 1 week. Can accept or reject. After a three-time rejection, the Government of the Russian Federation appoints the Chairman of the Russian Federation, dissolves the State Duma and calls new elections.
In case of dismissal of the Chairman of the Government of the Russian Federation, the President of the Russian Federation has the right, before appointing a new Chairman of the Government of the Russian Federation, to entrust the performance of the duties of Chairman of the Government of the Russian Federation to one of the Deputy Chairman of the Government of the Russian Federation for a period of up to two months.
Authority- Art. 112-113 KRF:
No later than a week after appointment, submits to the Government of the Russian Federation proposals on the structure of federal executive bodies;
Proposes candidates to the Government of the Russian Federation for the position of deputy chairmen of the Russian Federation and federal ministers.
Heads the Government of the Russian Federation, determines the main directions of activity of the Government of the Russian Federation in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws and decrees of the President of the Russian Federation and organizes its work.
Represents the Government of the Russian Federation in the Russian Federation and outside the territory of the Russian Federation;
Conducts meetings of the Government of the Russian Federation, having the right of casting vote;
Signs acts of the Government of the Russian Federation;
Submits to the President of the Russian Federation proposals on the structure of federal executive bodies, on the appointment and dismissal of Deputy Prime Ministers of the Russian Federation and federal ministers, on the imposition of disciplinary sanctions on them and on their encouragement;
Distributes responsibilities among members of the Government of the Russian Federation.
The Chairman of the Government of the Russian Federation systematically informs the President of the Russian Federation about the work of the Government of the Russian Federation.
Termination of powers.
Relieved of office by the President of the Russian Federation:
Upon the resignation of the Chairman of the Government of the Russian Federation;
If it is impossible for the Chairman of the Government of the Russian Federation to fulfill his powers.
The President of the Russian Federation notifies the Federation Council and the State Duma of the Federal Assembly of the dismissal of the Chairman of the Government of the Russian Federation from office on the day of the decision.
Removal from office of the Chairman of the Government of the Russian Federation simultaneously entails the resignation of the Government of the Russian Federation.
Temporary absence of the Prime Minister- duties are performed by one of his deputies in accordance with the written distribution of responsibilities.
In case of dismissal of the Chairman of the Government, the President has the right, before appointing a new Chairman of the Government, to entrust the performance of the duties of Chairman to one of the Deputy Chairman for a period of up to two months.
2. Deputy Prime Ministers 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 and federal ministers have the right to submit resignations.
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 Government of the Russian Federation acts within the term of office of the President of the Russian Federation and resigns its powers to the newly elected President of the Russian Federation. The decision on the resignation by the Government of its powers is formalized by order of the Government on the day the President of the Russian Federation assumes office. In case of resignation, the Government, on behalf of the President, continues to act until the formation of a new Government of the Russian Federation.
The government can submit resignation, which is accepted or rejected by the President. The President himself can decide to resign the Government.
The State Duma may express no confidence in the Government. After the State Duma expresses no confidence in the Government, the President has the right to announce the resignation of the Government or disagree with the decision of the State Duma. If the State Duma repeatedly expresses no confidence in the Government within three months, the President announces the resignation of the Government or dissolves the State Duma.
The Chairman of the Government may raise the question of confidence in the Government before the State Duma. If the State Duma refuses confidence, the President, within seven days, makes a decision to dismiss the Government or dissolve the State Duma and call new elections.
In case of resignation, the Government of the Russian Federation, on behalf of the President of the Russian Federation, continues to act until the formation of a new Government.
Deputy Prime Ministers of the Russian Federation:
participate in the preparation of decrees and orders of the Government of the Russian Federation, ensure their implementation;
coordinate the work of federal executive authorities in accordance with the distribution of responsibilities and give them instructions;
preliminary consider proposals, draft resolutions and orders submitted to the Government of the Russian Federation;
exercise other powers provided for by federal constitutional laws, federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation.
Powers of federal ministers:
take part in the preparation of decrees and orders of the Government of the Russian Federation, ensure their implementation;
take part in the development and implementation of the policy of the Government of the Russian Federation;
have the powers of heads of relevant federal executive bodies established by the legislation of the Russian Federation;
coordinate and control the activities of federal executive bodies under the jurisdiction of federal ministries;
appoint and dismiss deputy heads of federal executive bodies under the jurisdiction of federal ministries on the recommendation of the heads of these bodies.
The Government of the Russian Federation resolves issues with the mandatory participation of federal ministers or representatives of federal ministries within whose jurisdiction these issues are assigned.
When exercising their powers, federal ministers are accountable to the Government of the Russian Federation, and on issues referred to by the Constitution of the Russian Federation, federal constitutional laws and federal laws to the powers of the President of the Russian Federation, and to the President of the Russian Federation.
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:
- Deputy Prime Ministers of the Russian Federation;
- federal ministers.
The dismissal of the Chairman of the Government of the Russian Federation simultaneously entails the resignation of the Government of the Russian Federation.
More details
A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted 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. 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 presented 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.
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.
Term of office of the Government of the Russian Federation
The Constitution of the Russian Federation does not establish the term of office of the Government of the Russian Federation. But it is necessarily formed in connection with the election or re-election of the President of the Russian Federation and resigns its powers before the newly elected President of the Russian Federation. The basic formula is therefore:
- a new President - a new Government, which indirectly establishes the maximum term of office of the Government.
Comment
But this raises an important question about the legitimacy of the Duma’s consent to the appointment of the Chairman of the Government if its composition changes. Indeed, in the middle of the legislative term of the President of the Russian Federation, parliamentary elections may be held that will change the composition of the State Duma. It would be more accurate to say that such elections will always take place during the period of the presidential legislature, since even the next parliamentary elections are usually not synchronized with the date of the election of the President of the Russian Federation, especially if this does not happen if the parliamentary elections are early. However, in full accordance with the logic of the presidential form of government, the Constitution of the Russian Federation does not require new consent of the Duma for the appointment of the Chairman and reappointment of members of the current Government of the Russian Federation. Decisive, therefore, is the term of the legislature of the President of the Russian Federation, and not the term of the legislature of the State Duma.
The provision of the Constitution of the Russian Federation (Article 116) that the Government of the Russian Federation resigns its powers to the newly elected President of the Russian Federation does not mean that this happens on the day the results of the presidential elections are announced or that it immediately ceases its activities. The President has the right to accept the resignation of the Government only when he has already assumed office, while he has no choice but to instruct the Government and its Chairman to continue to act until the formation of a new Government.
While securing the right of the State Duma to give consent (or refuse it) to the appointment of the Chairman of the Government of the Russian Federation, the Constitution of the Russian Federation at the same time does not provide for such a right in relation to the dismissal of the head of the Government. From this silence follows the unconditional right of the President of the Russian Federation to release the Chairman of the Government, without applying for consent to this from the State Duma, but immediately notifying the chamber about this. The position of the President of the Russian Federation is more preferable (the notorious “vertical of power”): he has the right, at his own discretion, without consulting anyone, to decide on the resignation of the Government of the Russian Federation. This provision of the Constitution of the Russian Federation corresponds with its function to determine the main directions of domestic and foreign policy and ensure the coordinated functioning and interaction of government bodies (Parts 2 and 3 of Article 80 of the Constitution of the Russian Federation). It is clear that in the event of fundamental differences between the President and the Government, preference in the interests of stability of state power should be given to the President of the Russian Federation.
The Chairman of the Government of the Russian Federation, on his own initiative, may submit to the State Duma question of trust in government. This right was obviously granted so that, at a time of acute confrontation, the Government could be convinced of the trust of the majority of Duma deputies and reduce the severity of criticism directed at it. If the Duma, in response to the initiative of the Chairman, expresses no confidence in the Government, then the reaction of the President of the Russian Federation can again be twofold: within seven days, make a decision on the resignation of the Government or on the dissolution of the State Duma and calling new elections. It is difficult to imagine that the Chairman of the Government of the Russian Federation would undertake such an action without the consent of the President of the Russian Federation (although legally this is possible, and practically not so improbable), but then it is also clear that it proceeds from an agreement on the adoption by the President in the event of a vote of no confidence in the Duma. second decision: dissolution of the Duma and calling new elections. The Duma, of course, must understand that raising the question of trust by the Chairman of the Government of the Russian Federation (it is clear that he resorts to this in conditions of a favorable political situation for himself) essentially leaves it no choice: it must express trust if it does not want its dissolution.
It should be noted that according to the Constitution (Part 4 of Article 117), the right to raise the issue of trust belongs not to the Government of the Russian Federation, but to its Chairman. This naturally gives rise to the assumption that the Chairman has the right to carry out this action without a collegial decision of the Government. But then it is difficult to answer the question of what his actions should be if the Government makes the opposite decision by a majority vote. Therefore, it seems more correct to understand this right of the Chairman as an authority based on a collectively adopted decision of the Government of the Russian Federation, especially since, if no confidence is expressed, the President decides to resign the entire Government.
But still, the involuntary resignation of the Government of the Russian Federation - on the initiative of either the Chairman of the Government or the President, as well as due to mistrust on the part of the State Duma - is possible. In all these cases, as well as in the case of resignation due to the expiration of a term, the Government of the Russian Federation, on behalf of the President of the Russian Federation, continues to act until the formation of a new Government of the Russian Federation. This reinforces the objective need for continuity of activities of the Government of the Russian Federation under all conditions.
It should be taken into account that the practical applicability of the considered constitutional provisions largely depends on the balance of political forces in the Duma. The position of the Government is stronger when the majority in the chamber belongs to the party supporting the President of the Russian Federation.
Legal acts of the Government of the Russian Federation: types, procedure for preparation and adoption
Types of legal acts of the Government of the Russian Federation
General provisions defining the status of acts issued by the Government of the Russian Federation are enshrined in Art. 115 of the Constitution of the Russian Federation, as well as in the Federal Constitutional Law “On the Government of the Russian Federation”.
The Constitution of the Russian Federation establishes that on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues and ensures execution:
- resolutions;
- orders.
This determines the subordinate nature of acts issued by the Government, their mandatory compliance with the Constitution, laws and regulatory decrees of the President of the Russian Federation. Based on the Constitution of the Russian Federation, this also means that, within its competence, the Government of the Russian Federation has the right to issue normative legal acts.
Regulations- the most significant acts of the Government that are of a normative nature. The resolutions regulate the main issues within the competence of the Government of the Russian Federation.
By orders decisions on operational and current issues are usually formalized: orders that have normative significance are relatively rare, although the procedure for their adoption does not differ from the procedure for the adoption of resolutions.
Both resolutions and orders of the Government are often adopted at a meeting of the Presidium of the Government of the Russian Federation and only in some cases - individually by the Chairman of the Government. Both resolutions and orders are signed by the Chairman of the Government of the Russian Federation.
By establishing the legal forms of acts issued by the Government of the Russian Federation, the Constitution of the Russian Federation at the same time imposes on the Government the obligation to ensure their implementation. This helps their prompt and accurate practical implementation, since most often the burden of execution falls on the same executive authorities that prepare the relevant acts.
The Constitution of the Russian Federation does not give a direct answer to the question of whether acts of the Government of the Russian Federation can cancel or suspend acts of the executive power of the constituent entities of the Russian Federation. However, a constitutional basis can still be seen for answering this question in the affirmative. It is contained in the provisions of Part 2 of Art. 77, according to which, within the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation form a unified system of executive power in the Russian Federation.
The Federal Constitutional Law of December 17, 1997 N 2-FKZ “On the Government of the Russian Federation” states that in order to ensure a combination of interests of the Russian Federation and the constituent entities of the Russian Federation, the Government of the Russian Federation on subjects of joint jurisdiction in the sphere of exercising executive power coordinates the activities of executive authorities of the constituent entities of the Russian Federation . Within the limits of its powers, the Government resolves disputes and eliminates disagreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation. To resolve disputes and eliminate disagreements, conciliation commissions are created from representatives of interested parties. The Government of the Russian Federation makes proposals to the President of the Russian Federation to suspend the actions of executive authorities of the constituent entities of the Russian Federation in case of their contradiction to the Constitution of the Russian Federation, federal constitutional laws, federal laws, international obligations of the Russian Federation or violation of the rights and freedoms of man and citizen.
Resolutions and orders of the Government of the Russian Federation in case of their conflict with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation may be canceled by the President of the Russian Federation. This rule seems completely natural:
- The President of the Russian Federation is the Constitution of the Russian Federation;
- The President of the Russian Federation essentially heads the executive branch.
The Federal Constitutional Law “On the Government of the Russian Federation” establishes that decrees and orders of the Government of the Russian Federation are subject to mandatory official publication, except for acts or their individual provisions containing information constituting a state secret or information of a confidential nature.
Acts of the Government of the Russian Federation affecting the rights, freedoms and duties of man and citizen come into force no earlier than the day of their publication. Other resolutions come into force from the date of their signing, unless the resolutions themselves provide for a different procedure for their entry into force. Orders of the Government of the Russian Federation come into force from the date of their signing.
The procedure for preparing and adopting legal acts of the Government of the Russian Federation
The activities of the Government of the Russian Federation are carried out in accordance with the Federal Constitutional Law “On the Government of the Russian Federation”, with the Regulations approved by the Decree of the Government of the Russian Federation.
Consideration in the Government of issues related to its powers is carried out at meetings of the Government, the Presidium of the Government by the Chairman of the Government and his deputies (in accordance with the distribution of responsibilities), at meetings of coordination and advisory bodies formed by the Government with the participation of representatives of interested federal executive bodies, other bodies and organizations.
Government meetings are held as necessary, but at least once a month. A Government meeting is considered valid if at least half of the Government members are present. Meetings are held under the leadership of the Chairman of the Government or his deputy. At meetings of the Government, according to the Constitution of the Russian Federation, the President of the Russian Federation can preside. Government decisions are made, as a rule, by general consent; By decision of the presiding officer, a vote may be held, in which case the decision is made by a majority vote of those present.
Preparatory work for the meetings is strictly ordered. Heads of federal executive authorities, executive authorities of constituent entities of the Russian Federation, other state bodies and organizations entrusted with the preparation of relevant materials bear personal responsibility for their quality and timeliness of submission. The draft agenda for a Government meeting is formed by the head of the Government Staff in agreement with the Deputy Prime Ministers and presented to the Chairman of the Government. The draft agenda for the meeting and relevant materials approved by him are sent to its participants no later than five days before the date of the meeting.
Both members of the Government and persons invited to the meeting to participate in the consideration of relevant issues participate in Government meetings. For each of the issues considered at the Government meeting, persons directly related to the relevant issue are invited.
On issues considered at a meeting of the Government, protocol decisions are drawn up, resolutions and orders of the Government are adopted and issued in accordance with the established procedure. The minutes are signed by the person presiding over the meeting.
Control over the execution of instructions given at Government meetings is carried out by the Government Office. The Government Apparatus is formed in accordance with the Federal Constitutional Law to ensure the activities of the Government and organize control over the implementation by executive authorities of decisions adopted by the Government of the Russian Federation. The Government Office interacts with the Administration of the President of the Russian Federation and the apparatus of the chambers of the Federal Assembly.
Since the Government makes a large number of decisions, the introduction of their projects must be strictly regulated. For this purpose, it has been established that draft decisions (decrees and orders) of the Government and other acts are submitted to the Government by its members, federal executive bodies and other government bodies. Proposals from citizens, enterprises, organizations and institutions received by the Government regarding the adoption of Government decisions are sent for preliminary consideration to executive authorities. Before their submission to the Government, draft decisions are subject to mandatory coordination with interested government bodies, with state, and, if necessary, other organizations. If draft decisions are of a normative nature, then they are subject to approval by the Ministry of Justice of the Russian Federation after their agreement with interested bodies and organizations.
The Government considers draft acts of the President of the Russian Federation and draft federal laws that are submitted by the Government to the President of the Russian Federation or to the State Duma.
The procedure for forming a government and the conditions for its resignation are regulated by the Constitution and the law “On the Government of the Russian Federation”. Constitution of the Russian Federation, Art. 111 // RG. 1993.25 Dec;
FKZ dated December 17, 1997 No. 2-FKZ (as amended on June 1, 2005) “On the Government of the Russian Federation” Art. 7 // SZ RF.1997 No. 51. Art. 5712. However, the term of his powers is not directly indicated in them. However, from the constitutional formulations it follows that it is determined by the term of office of the head of state: he resigns his powers before the newly elected president. In modern Russia, there was the fact of the formation of a new government in connection with the adoption of the new Constitution of 1993. Decree of the President of the Russian Federation No. 2277 of December 23, 1993 “On the transformation and reorganization of the Council of Ministers - the Government of the Russian Federation” // SAPP RF. 1993. No. 52. Art. 5080. A proposal for a candidacy for the Chairman of the Government of the Russian Federation is submitted 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 date of rejection of the candidacy by the State Duma.
The formation of a government takes place in two stages: the appointment of a chairman and his members. The head of the cabinet is appointed by the president with the consent of the State Duma. Constitution of the Russian Federation, Art. 111 // RG. 1993.25 Dec. However, if the Duma disagrees three times with the proposed candidacy, the head of state has the right to dissolve it.
Deputy heads of government and federal ministers are appointed by the president on the proposal of the prime minister himself. The President reviews, selects and appoints them. This process is not public. Deputy chairmen and federal ministers retain the right to resign, which will not affect the existence of the government itself, unlike the resignation of the chairman, whose dismissal entails the automatic resignation of the entire cabinet.
Currently, heads of the executive branch strive to have persons in the Government of the Russian Federation based solely on their professional qualifications, regardless of political views.
Members of the Government cannot hold any other position in state bodies of local self-government, public associations, do not have the right to entrepreneurial activity, as well as any other paid work, except for teaching, scientific or creative work. FKZ dated December 17, 1997 No. 2-FKZ (as amended on June 1, 2005) “On the Government of the Russian Federation” Art. 11 // SZ RF.1997 No. 51. Art. 5712.
Term of office and resignation
Issues of resignation of the Government of the Russian Federation are regulated by Article 117 of the Constitution of the Russian Federation. It provides for different ones depending on who initiated it. Russian newspaper. 1993. 25 Dec.
One of the grounds for the resignation of the Government is the Government's statement of resignation. Usually such a decision is made at a meeting of the Government in the presence of all its members. In this sense, resignation is voluntary. Such a resignation does not mean an automatic termination of the Government, since it can be accepted or rejected by the President. Due to the seriousness of such a step, it is usually preceded by preliminary consultations between the Government and the President. Therefore, cases of the head of state rejecting the Government’s resignation letter are rare. The government resigns in its entirety.
Another basis for the resignation of the Government is the initiative of the President in making such a decision. The reasons for the forced resignation of the Government by decision of the President can be very different, but, as a rule, this is a consequence of the aggravation of contradictions between them.
The third reason for the resignation of the Government is related to the expression of no confidence in it by the House of the Federal Assembly - the State Duma. A vote of no confidence is one of the most powerful ways of parliament influencing the Government.
When expressing no confidence in the Government, the President makes a decision either on the resignation of the Government or on the early dissolution of the State Duma.
And the last reason for the resignation is the Chairman’s raising before parliament the question of confidence in the Government of the Russian Federation. This may be related to a general issue - the approval of his program - or to the adoption of a specific bill. If the Duma, in response to the Chairman’s initiative, expresses no confidence in the Government, then the President’s reaction can be twofold: within seven days, make a decision to resign the Government or to dissolve the State Duma and call new elections. It is difficult to imagine that the Chairman of the Government of the Russian Federation would undertake such an action without the consent of the President of the Russian Federation, but then it is also clear that it proceeds from an agreement on the President making a second decision in the event of the Duma passing no confidence: the dissolution of the Duma and the calling of new elections.
The head of government can only be dismissed from office by the president; the consent of the State Duma is not required. Constitution of the Russian Federation, Art. 117 // RG. 1993.25 Dec. He only notifies the chambers of the Federal Assembly and, before appointing a new prime minister, entrusts the execution of his powers to one of his deputies.
There are several options when the prime minister can resign from his post on his own initiative: by submitting a letter of resignation and in case of impossibility of fulfilling his powers. Russian political practice shows that almost always the initiative to dismiss the prime minister comes from the head of state. Of the eight prime ministers since 1993, only one left his post “on his own initiative,” and even then as a result of being elected president. V.V. Putin since December 31, 199 acting. President of the Russian Federation, in 2000 he was elected President of the Russian Federation
