Конституционное (государственное) право Российской Федерации. Акты президента РФ: порядок опубликования и вступления в силу (самое важное)

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Конституционное (государственное) право Российской Федерации. Акты президента РФ: порядок опубликования и вступления в силу (самое важное)

Lecture notes, cheat sheets

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67. ACTS OF THE PRESIDENT OF THE RUSSIAN FEDERATION: PROCEDURE FOR PUBLICATION AND ENTRY INTO FORCE

The President of the Russian Federation, on matters within his jurisdiction, adopts the following regulations:

1) decrees of the President of the Russian Federation are normative legal acts issued on issues of appointment and dismissal of heads of federal executive authorities, citizenship, granting political asylum, awards, pardons, etc.;

2) orders of the President of the Russian Federation are acts of an individual nature, issued in relation to specific or specific persons, i.e. on operational, organizational and personnel issues, as well as on the work of the Administration of the President of the Russian Federation.

Decrees and orders of the President of the Russian Federation must not contradict the Constitution of the Russian Federation, federal constitutional and federal laws.

They are wearing domineering, direct character and obligatory throughout the territory of the Russian Federation for all subjects of legal relations.

Decrees and orders have less legal force than the laws of the Russian Federation and regulate relations in the organization and functioning of the executive power in the Russian Federation. The main difference between the decrees and orders of the President of the Russian Federation lies in the subject of regulation of the act: the decree - on the appointment of persons, citizenship, pardon, etc., and the order - on operational issues. Acts of the President of the Russian Federation are issued by him independently and do not have to be approved in the Federal Assembly, ratified or otherwise approved in the constituent entities of the Russian Federation. They can be supplemented, changed or invalidated only by the President of the Russian Federation.

Decrees of the President of the Russian Federation are subject to mandatory official publication. Acts of the President of the Russian Federation are not subject to official publication if they contain information constituting a state secret or information of a confidential nature.

Official publication - this is the publication of the text of the decrees of the President of the Russian Federation in the edition signed by the Head of State in Rossiyskaya Gazeta and the Collection of Legislation of the Russian Federation. Acts of the President of the Russian Federation may be published in other printed publications or made public on television and radio, distributed by mail to state bodies, local governments, officials, enterprises, institutions, organizations.

The texts of acts of the President of the Russian Federation are published within 10 days from the date of their signing.

Decrees of the President of the Russian Federation come into force 7 days after the day of their first official publication. If acts of the President of the Russian Federation are not subject to official publication, then they come into force from the date of their signing or at another time, if it is established by the President of the Russian Federation.

Control over the execution of decrees of the President of the Russian Federation by federal executive authorities and executive authorities of the constituent entities of the Russian Federation is exercised by the Government of the Russian Federation in accordance with the Federal Law "On the Government of the Russian Federation".

Decrees and orders of the President of the Russian Federation on matters within the jurisdiction of the Russian Federation or joint jurisdiction of the Russian Federation and its subjects may be recognized by the Constitutional Court of the Russian Federation as inconsistent with the Constitution of the Russian Federation. In this case, these acts cease to have effect, and the acts adopted on the basis of this unconstitutional act of the President of the Russian Federation also cease to have effect.

Acts of the President of the Russian Federation on complaints from citizens and non-normative acts of the President of the Russian Federation are not subject to verification by the Constitutional Court.

Author: Kakovkina Ye.N.

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