Many novice lawyers ask this question: who exercises executive power in the Russian Federation? The main subject of this issue is the government, which has certain powers in resolving issues of national importance. Accordingly, it is about this body that we will discuss in our article.
Constitution of the Russian Federation
The law of higher legal force states that the government exercises executive power in the Russian Federation. Moreover, there is no separate chapter on these issues in the legal document. But the absence of a separate group of norms is not the basis for a restrictive interpretation of the articles of the law.
So, based on the position of the legislator, it can be argued that the executive power in the Russian Federation is exercised by the government, which is the highest body of the federal level along with the President, the Federal Assembly and the courts. It exercises its powers through the functioning of ministries and departments, which are strictly subordinate to the government, but at the same time with a certain independence and isolation from each other. The principle of unity of command is clearly traced in this area.
System to structure ratio
When wondering which body exercises executive power in the Russian Federation, it is important not to get confused in the terminology. The Russian Constitution says that the system and structure of the executive branch are similar concepts, but at the same time they have fundamental differences.
The latter are that the system of bodies includes the government of the country, departments, and ministries. In turn, the structure concretizes state formations. In the second case, we are talking about specific bodies that are vested with powers by occupation. Considering this issue, it can be argued that to some extent the executive power of the Russian Federation is exercised by the President. And all thanks to the fact that he plays the decisive role in the formation of each organ. Moreover, there is no clear legislative consolidation of this authority in the Constitution.
Thanks to the decrees issued, the President of the Russian Federation not only establishes the structure of the constituent components of the government, but also unites their activities into a single policy.
Government as one of the most important federal bodies
The one who exercises executive power in the Russian Federation, the final one, is endowed with great responsibility. That is why the starting provisions regarding the regulation of this activity are enshrined in Art. 6 of the Constitution.
Special attention should be paid to the Federal Law and Federal Law, which to a greater extent embody direct legal regulation, establishing and specifying rights and obligations. According to the Federal Constitutional Law "On Government", the body under consideration is headed by the Chairman, who is appointed by the President with the consent of the State Duma.
The procedure for appointment
As mentioned earlier, the executive body of the Russian Federation is formed under the leadership of the head of state. As soon as the newly elected President takes office, after 14 days, he is obliged to form "his" government.
Agree, each head of state has its own policy. One adheres to the social direction, the other is a supporter of the communist, and the third is a liberal. In order to effectively implement the chosen direction of state development in the future, the President must form his own circle of assistants.
Therefore, within two weeks he submits a candidacy to the State Duma of the Russian Federation for consideration, which is discussed within 7 days.
If the Duma rejects the candidacy three times, the President must dissolve this body, call new elections, and appoint the Chairman independently. This norm is mandatory, accordingly, rejecting the proposed candidacy for the third time, the Duma actually votes for its own dissolution and resignation. And such a case in the entire history of the formation of constitutionalism has never been encountered.
At the same time, the interpretation of this provision by the Constitutional Court indicates that the President may submit the same candidate for consideration. There were no other official statements in this regard.
Formative activity
The highest executive power of the Russian Federation is exercised by the government, which is also subsequently supervised by the President. After the appointment of a new “manager”, within a week they should be provided with a list of candidates applying for the positions of heads of federal departments. The timing of the formation of the personnel of each body is not indicated.
Only the President may dismiss or suspend his duties. This happens in the following cases:
- In connection with the resignation.
- When expressing distrust.
- Inability to exercise their proper powers. This group includes health problems or other circumstances that the President may consider grounds for suspension.
The removal of the Chair entails the dissolution of all ministries and departments. At the same time, the government of the Russian Federation, while exercising executive power, continues to function until the meeting of a new one. For a period of up to two months, the powers of the Chairperson may be assigned to one of his deputies.
Principles for the exercise of power
Anyone who exercises executive power in the Russian Federation should be based on the principles of continuity and continuity. This need is due to broad powers that are aimed at carrying out activities in all areas of society.
Implementation of government policy by the government is carried out in many forms, the most popular of which is the publication of regulatory documents - orders. This type of NLA is published on operational issues.
The legislative framework is divided into decrees and orders of the Government. They are published with the aim of expanding constitutional norms, explaining certain circumstances, and also, in coordination with departmental bodies, form the legal framework.
About meetings of the executive body
Meetings of the described body are held at least once a month. To do this, there is a special Regulation of the Government, which establishes a number of procedural rules. The meetings address the most important issues related to the implementation of the competent authority of this body.
In order to address operational issues, a Government Presidium may be established. This event is exceptional in nature and aims to address operational issues. After all, those who exercise executive power in the Russian Federation must own the situation in the state.