Президент РФ

Introduction. The present article is concerned with the status of the subsidiary bodies, which assist the presidential power realization in the field of the person legal status specification, that is the presidential powers, enshrined in Article 89 of the Constitution of the Russian Federation (The President of the Russian Federation shall: solve the issues of citizenship of the Russian Federation and of granting political asylum; decorate with state awards of the Russian Federation, award honourary titles of the Russian Federation, higher military and higher special ranks; decide on pardoning). Results. The author studied the regulatory matters of the Presidential Administration, the Presidential commission and councils, which make up the system of the subsidiary bodies under the head of state. Conclution. Analysis of the practice of their activities allowed us to formulate the legislative development proposal through the adoption of the Federal Constitutional Law «On the President of the Russian Federation», distinguishing the chapter «The subsidiary bodies under the President of the Russian Federation», which will fix their status, formation and operation.

Introduction. The reform of the Basic Law throughout the modern history of Russia has been determined by the political expediency of transforming the presidential power. Until the mid-2000s the constitutional inviolability supported by the authorities was aimed at preserving its political stability. Theoretical analysis. The Russian Federation has entered a new stage of constitutional development, due to the need for constitutionalization – giving a legitimate character to the prevailing presidential power. Any constitutional reform requires a theoretical understanding of its legitimacy, expediency, legality. Empirical analysis. The main factor in modern constitutional reform is the need for constitutionalization of presidential power. Results. The introduction of additional procedures for the adoption of an amendment to the Constitution testifies to the political will of the President of the Russian Federation to enlist the support of active participants in constitutional processes, thereby putting the ongoing constitutional reform in a legitimate and legal form.

The form of government as one of the three characteristics of the structure of the state, determined by the method of formation of the public authorities. The classic formula defines a republic as a form of government in which the supreme authorities elected or formed a national representative institution. Depending on the procedure of formation of executive power and the place of the President (Head of State) in the government distinguished presidential, parliamentary and semi-presidential republic, in which the law or in fact the president is always a chief executive or a part of it. At the same time the fundamental principles governing the system of state power and the place of its president, is the principle of separation of powers and independence of authorities (Art. 10 The Constitution of the Russian Federation), as well as the unity of state power (Pt. 3 of Art. 5 The Constitution of the Russian Federation). Methods. The methodological basis of research supports internally interconnected complex methods of knowledge: system-structural, functional, logical, historical. The basic general legal methods are comparative legal and formal-legal, allowing the author to explore the legal basis of the formal and the actual form of government in Russia, comparing the attributes of the Parliamentary, presidential and semi-presidential republic. Results. It is stated that at the present stage of development of the Russian state needs to shift from sverhprezidentskoy to parliamentary form of government with the relevant constitutional changes in law and practice.