No 6 (2018)
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EXPERT OPINION
15-23 8214
Abstract
In the article, as a result of the analysis of doctrinal sources andChanges in legislation in the sphere of powers of the President of Russia, The following tendencies are revealed: expansion of powers throughlegislation and by-laws; on the institutionalization of hiddenauthority The reasons for the expansion of hidden powers andthe risks of this legal phenomenon are identified. A conclusion is drawn about non-compliance»manual mode» in the mechanismrealization of the constitutional powers of the President of Russiathe content of the constitutional model of the president’s institution. Possible ways of resolving the established practice are suggested.
ВЕКТОР ЮРИД ИЧЕСКОЙ НАУКИ ГЛАВА ГОСУДАРСТВА
24-33 604
Abstract
The article shows the main distinctive features of the legal status of the monarch as the head of state on the basis of the analysis of normative material and scientific research. The concepts of supremacy and unlimited power of the monarch, his powers in relation to other public authorities and interaction with them are analyzed.
34-42 4689
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.
43-55 349
Abstract
Study of the constitutional and legal basis and practice of the President of the Russian Federation in the field of personnel policy.
56-67 1037
Abstract
Authorities of the President of the Russian Federation in the sphere of formation and activity of executive bodies of the subjects of Russian Federation, set in the Constitution and in federal laws (especially in the Federal Law «On Basic Principles of Organization of Legislative (Representative) and Executive Bodies of the State Power of the Russian Federation») are examined in this article. The basic forms of these authorities: taking part in the endowing of powers of head of subject of Federation, implementation of control under realization of authorities of executive bodies of subjects of Federation, implementation of the measures of responsibility to the head of the subject, including early termination of authorities. The substance of «hidden» («implicated») authoritiesrunning out from the status of the President as a Head of State, is discovered and the legal positions of the Constitutional Court in this sphere are considered. The problems and perspectives in this sphere are analyzed, the recommendations on its elaboration in order to provide the rational combination of general and special in unified state are offered.
68-74 345
Abstract
The article studies legal nature and procedure of realization of constitutional power of the President of the Russian Federation with regard to effectuation of free pardon.These issues are shown though the prism of legal positions of the Constitutional Court of the Russian Federation. The attention is paid to the fact that neither the circumstances of the crime committed nor the features if the criminal and the term of the punishment haven’t got the influence when the decision on free pardon is taken. The problem of substitution of the capital punishment to the 25 years’ imprisonment, implemented in 1990s by the presidential orders, is described separately.
75-87 1106
Abstract
In the article presented, the authors formulate the ideas of the content, principles, forms, types and directions of implementing presidential control in relation to the state authorities of the subjects of the Russian Federation. It is proved that the presidential control is a part of the state control, which is carried out with the purpose of realizing the constitutional function to ensure the functioning and interaction of public authorities and in accordance with the constitutional principle of separation of powers and the system of «checks and balances». It is established that, following the results of the presidential control, the constitutional responsibility comes in the form of various sanctions against the legislative and executive bodies of the state power of the subjects of the Russian Federation. The organizational and legal guarantees and limitations of the presidential control are defined. The proposals have been formulated to improve legislation in order to eliminate gaps and defects, as well as enforcement -in order to comply with the principles of transparency and transparency in the exercise of presidential control.
88-96 484
Abstract
An important part in conducting of a unified federal practice of the state in ensuring the coordinated functioning and interaction of federal bodies of state power and state authorities of the constituent entities of the Russian Federation, is played by the institution of plenipotentiary representatives of the President in federal districts. This article presents the reasons of occurrence of this institution, its role in strengthening the Russian state and the prospects for further improvement and development.
97-104 286
Abstract
The publication examines the types of appeals of citizens and organizations submitted to the President of the Russian Federation. Analysis of the peculiarities of citizens’ appeals and the role of the head of state in their resolution are subjected. The dynamics of the direction of appeals or their content is not investigated. It is established that the Administration of the President of the Russian Federation subdivides all appeals into the following groups: electronic, written, oral, requests for information, communications. In the work it is proposed to classify appeals addressed to the President of the Russian Federation: depending on the subject of will expression, in accordance with the objective side (external form) of expression of will, depending on the purpose of expression of will and on the method of submission. The specifics of sending electronic appeals to the President of the Russian Federation (the possibilities of the official website of the President of the Russian Federation were analyzed), the personal reception (as a form of submission of oral appeals), the statistics of consideration of appeals by the Administration of the President of the Russian Federation. The conclusion is drawn that the lava of the state is the «addressee-media-tor» which, does not permit treatment on the merits. He redirects it according to jurisdiction and can significantly improve the quality of its consideration by the «addressee-executor», whose competence directly includes the circulation of the issue put in circulation. It is proved that the available methods of filing appeals to the President of the Russian Federation are sufficient. They completely satisfy the constitutional right of citizens to appeal.
105-111 512
Abstract
In the article, as a result of the analysis of changes in the legislation on the election of the head of the Russian state, such development trends as: strengthening of guarantees of the rights of all participants in the electoral process, democratism and the legality of all electoral procedures, expansion of the rights of observers and measures for transparency of elections, increased responsibility for violating the electoral rights of citizens and On the basis of the last election campaign for the election of the President of the Russian Federation on March 18, 2018, practical recommendations were made and the act was formulated improvement of electoral legislation
112-123 220
Abstract
At the present stage of the development of state building in most countries, an array of normative acts has been accumulated that regulate the activities of government bodies and, in the first place, the central figure of this system, the head of state. To assess the effectiveness of the functioning of existing public legal institutions, the researcher uses a set of methods of scientific knowledge, applied not only in jurisprudence, but also having a universal, general character. One of the key methods is modeling, which makes it possible to form a model of the ideal leader of the state, to impart it with prospective qualities and to compare it with the actual leaders of the countries of the modern world. The analysis shows that the Russian Federation has not yet reached the necessary indicators for key areas of development, and the available potential has not been fully realized. For the newly elected head of state in a rapidly changing foreign policy and economic environment, it is necessary to pay a key attention to the staffing of the reforms. The success of reforms will be largely determined by professionals who can ensure its achievement.
FOREIGN EXPERIENCE
124-153 449
Abstract
The two-round system of the presidential elections in Serbia and Bulgaria, the grounds of early termination of the presidential authorities, their immunity and responsibility is described in this article. Also the authorities and its practice of the presidents of Serbia and Bulgaria are analyzed, especially the veto, formation of the government, dissolution of parliament. The introduced tables reflect the statistics of veto, changing of presidency and governments, convocation of parliament during the period of enacting of constitutions of Bulgaria and Serbia of 1991 and 2006. The examples of presidents’ activities are given in order to show the realities of political life of both countries. Also it is shown that the polity of Bulgaria and Serbia is parliamentary republic. The conclusion is done that if the President of Serbia is the head of political party, he or she can enhance his or her influence.
TRIBUNE FOR YOUNG SCIENTIST
154-158 263
Abstract
The article analyzes scientific works, normative legal acts of the Republic of Abkhazia devoted to the powers of the President of Abkhazia on the formation of Executive authorities. Conclusions are drawn, suggestions are made. Options for creating a more effective mechanism of checks and balances in the system of separation of powers are proposed. The measures of improvement of interaction between legislative and Executive power are offered.
DIGEST OF THE FACULTY ACTIVITIES
LAW IN HISTORICAL INTERPRETATION
ПОРТРЕТ НА ФОНЕ ИСТОРИИ
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
POST SCRIPTUM
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)