SUPER-PRESIDENTIAL REPUBLIC IN RUSSIA: MYTH OR REALITY?

Abstract

In article three main approaches which are available in the Russian science of constitutional right in relation to typology of the form of government established in the Russian Federation according to the Constitution are considered. It agrees to the first, in Russia the presidential republic, with the head of state elected by the population and the executive power subordinated to him, uncontrollable parliament is established. Supporters of the second direction, believe that the so-called poluprezidenstky (mixed) republic where executive power is divided between the president and parliament is constitutionally fixed in the Russian Federation. The central thesis of the third approach - the Russian model is a new form - the superpresidential republic - in which extensive powers of the head of state make him, in fact «the uncrowned monarch». Also in work different views on distinctive features of the superpresidential republic where the president possesses key powers are considered: de facto formation of the government out of control of parliament, a possibility of dismissal of both certain ministers, and resignation of all office, the publication of decrees, without authorization of parliament, valid the law, a possibility of dissolution of parliament in attempt of control of appointment of the head of the government and expression of mistrust to the government. As a result of the analysis which is carried out by the author offers on need of introduction of the constitutional amendments, changes of the Russian legislation and improvement of practice of the Constitutional Court of the Russian Federation are formulated.