Конституционное (государственное) право Российской Федерации. Конституционные основы статуса Правительства РФ: порядок формирования, полномочия, акты (самое важное)

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Конституционное (государственное) право Российской Федерации. Конституционные основы статуса Правительства РФ: порядок формирования, полномочия, акты (самое важное)

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81. CONSTITUTIONAL BASES OF THE STATUS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION: PROCEDURE FOR FORMATION, POWERS, ACTS

The Russian government - the highest executive body of the Russian Federation.

The government is a collegiate body. In his structure includes:

1) officials (Chairman of the Government of the Russian Federation (he is appointed to the position by the President of the Russian Federation with the approval of the State Duma of the Russian Federation, while the President of the Russian Federation has the right to propose the candidacy of the Chairman of the Government for approval of the State Duma no more than 3 times, if the lower house of the Federal Assembly rejects this candidacy three times, then after the third rejection by the Duma of the candidacy presented by the President, the President is obliged to independently appoint the Chairman of the Government and dissolve the Duma with the appointment of new elections), Deputy Prime Ministers of the Russian Federation (they are appointed to the position by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation), federal ministers (appointed to the position by the President of the Russian Federation on the proposal of the Chairman of the Government of the Russian Federation));

2) structural divisions (in accordance with Decree of the President of the Russian Federation of March 9, 2004 No. 314 “On the system and structure of federal executive bodies”) (federal ministries, federal services, federal agencies).

Term of office of the Government of the Russian Federation is equal to 4 years and begins to flow (expires) with the acceptance of his powers by the newly elected President of the Russian Federation. The Government of the Russian Federation resigns its powers before the newly elected President of the Russian Federation.

Powers of the Government of the Russian Federation (Article 114 of the Constitution of the Russian Federation):

1) development and submission to the State Duma of the Russian Federation of a draft federal budget and ensuring its execution;

2) ensuring the implementation of a unified state policy in the Russian Federation in the field of culture, science, education, healthcare, social security, and ecology;

3) implementation of measures to ensure the country’s defense, state security, and implementation of the foreign policy of the Russian Federation;

4) the implementation of measures to ensure the law, rights and freedoms of citizens, protection of property and public order, the fight against crime;

5) management of federal property;

6) implementation of measures to ensure the rule of law and combat crime;

7) other powers assigned to the Government of the Russian Federation by the Constitution of the Russian Federation, federal laws, and decrees of the President of the Russian Federation.

The Government of the Russian Federation exercises control over the activities of executive authorities - both federal and constituent entities of the Russian Federation - on issues related to the jurisdiction of the Russian Federation, the joint jurisdiction of the Russian Federation and its constituent entities. The Government of the Russian Federation has the right of legislative initiative to the State Duma of the Russian Federation, i.e., the Government of the Russian Federation has the right to submit draft laws to the State Duma of the Russian Federation, prepared on behalf of the President of the Russian Federation, and to send official reviews of federal laws and bills under consideration to the chambers of the Federal Assembly.

The government, within its powers, issues:

1) resolutions (are normative in nature and are adopted on issues affecting the main issues of the activities of the Government of the Russian Federation);

2) orders (adopted on operational and current issues that are not of a regulatory nature).

Decrees and orders The governments of the Russian Federation are legal and binding in nature for execution throughout the territory of the Russian Federation.

Author: Kakovkina Ye.N.

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