When forming the government of the Russian Federation. The composition of the government of the Russian Federation and the formation procedure. Government of the Russian Federation: composition, formation procedure, term of office. Legal acts of the Government of the Russian Federation: types, procedure for preparation and adoption

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The procedure for the formation and resignation of the Government of the Russian Federation.

The following procedure for forming the Government has been adopted in the Russian Federation. The President chooses at his discretion a candidate for the post of Chairman of the Government and submits it to the State Duma no later than two weeks from the date of entry into office or resignation of the previous Government or within a week from the moment the State Duma rejected the previous candidacy (Part 2 of Article 111 of the Constitution of the Russian Federation) .

The State Duma is obliged to consider the proposed candidacy within a week and make its decision on it (Part 3 of Article 111).

If his proposed candidacy is rejected, the President may nominate a candidacy for the Chairman of the Government (the same or another) two more times. In the event of a three-time rejection by the State Duma of the President's candidacies for the post of Chairman of the Government, the President appoints the Chairman of the Government, dissolves the State Duma and calls new elections (Part 4 of Article 111). In case of consent State Duma

with the candidacy of the Chairman of the Government, the President appoints this person to this position (Part 1 of Article 111) and instructs him to prepare proposals on the structure of the Government and its composition. These proposals must be submitted no later than one week (Article 112 of the Constitution of the Russian Federation). In accordance with the proposals of the Chairman of the Government, the President approves the structure of the Government of the Russian Federation and its composition.

It is obvious that in the Russian Federation there is an extra-parliamentary method of forming the Government. Federal law regulates in sufficient detail legal status members of the Government. In particular, the Chairman of the Government of the Russian Federation, his deputies and federal ministers are obliged upon appointment to office, and subsequently annually, no later than April 1 of the year following the reporting financial year, to submit to the tax authorities of the Russian Federation information on income received and subject to taxation, securities , as well as about the property that is the object of taxation and belongs to them by right of ownership. Tax authorities send this information to the President of the Russian Federation and to. Such information may be published.

Members of the Government of the Russian Federation do not have the right to be members of other bodies state power, engage in entrepreneurial activities, engage in other paid activities, except teaching, scientific and other creative activity, to be attorneys or representatives in the affairs of third parties in government bodies, to use for non-official purposes information, means of logistical, financial and information support intended only for official activities, receive fees for publications and speeches as a member of the Government of the Russian Federation, accept honorary and special titles, awards and other insignia of foreign states without the permission of the President of the Russian Federation, go on business trips outside the Russian Federation at the expense of individuals and legal entities, with the exception of business trips.

To the foundations resignation The Government of the Russian Federation, according to the Constitution of the Russian Federation and the Federal Constitutional Law of December 17, 1997 No. 2-FKZ “On the Government of the Russian Federation”, refers the following types:

1. The Government of the Russian Federation resigns its powers on the day the new President takes office (Article 116 of the Constitution of the Russian Federation). This principle also applies if we're talking about on the re-election of the former President for a new term. After the resignation of the Government, the President, within two weeks, submits for approval by the State Duma the candidacy of the Chairman of the Government (this may be the Chairman of the Government who has just resigned).

2. The Government of the Russian Federation may itself resign (Part 1 of Article 117 of the Constitution of the Russian Federation). In this case, this decision is not final: the Government, as it were, turns to the President with a request to resign, but the President has the right to refuse this request. In other words, the decision here is made by the President.

3. The President of the Russian Federation may decide to resign the Government on his own initiative (Part 2 of Article 117 of the Constitution of the Russian Federation). In this case, formally he makes a decision on the resignation of its chairman, but this means the automatic resignation of all other ministers. After this, the President appoints acting ministers (which can be many former ministers) and, within two weeks, submits to the Duma the candidacy of a new Chairman of the Government.

4. The Government of the Russian Federation may be dismissed at the initiative of the State Duma if it makes a decision double vote of no confidence in the Government. After a decision of no confidence in the Government has been made by a majority vote from the list of the State Duma, the President may dismiss him or may abandon this measure. In this case, the Duma may make a secondary expression of no confidence in the Government (within 3 months), as a result of which the President must within a week either dismiss him or dissolve the Duma (Part 3 of Article 117 of the Constitution of the Russian Federation).

5. The Government of the Russian Federation may be dismissed if it submits a proposal to the State Duma for a vote of confidence and this vote is not passed. A single vote is sufficient for this. A one-time refusal of confidence in the Government puts the President before the need to dissolve the Duma or resign the Government (Part 4 of Article 117 of the Constitution of the Russian Federation).

6. The Government of the Russian Federation may terminate its powers on the initiative of its chairman if he submits to the President a statement about the impossibility of fulfilling his powers. This measure is not equivalent to a request for the resignation of the Government, since in this case the Chairman, on his own initiative, resigns personally, which automatically means the resignation of the entire cabinet.

Deputy Prime Ministers and federal ministers can also resign personally, but this resignation does not mean the automatic resignation of the cabinet and does not require the intervention of the State Duma. The decision on their resignation is made by the President, who, at the suggestion of the Chairman of the Government, appoints other officials to the positions of the departed.

In the history of the Russian Federation, only two grounds were used for the resignation of the Government: it resigned in connection with the election of the President; in all other cases, the decision to resign was made on the initiative of the President. Once the State Duma once expressed no confidence in the Government, which was ignored by the President. Once the candidacy of the Chairman of the Government was approved for the third time (1998).

In all cases of termination of the powers of the Government, it, on behalf of the President of the Russian Federation, continues to act until the creation of a new Government.

The Government of the Russian Federation is a collegial body exercising executive power and consists of the Chairman, deputies and heads of ministries. The task of the Government as a collegial government agency is the execution of laws, prompt resolution of government issues and participation in legislative activities. Acts strictly in accordance with the articles of the Constitution, guided by the principles of democracy, the rule of law, transparency, the principles of maintaining rights and freedoms, as well as on the basis of federalism.

The principle of separation of powers

The main legal document of the Russian Federation – the Constitution – enshrines fundamental principle clear division of power. Each of the branches is autonomous, independent and independent. Members of the Cabinet of Ministers report on the results of their activities to the President of the Russian Federation. They also do not have the right to participate in the work of departments belonging to another branch of government.

The principle of government formation and the appointment of the Chairman

The government is formed for an indefinite period, but it is obliged to cease its activities with the election of a new president. Chapter 6 of the Constitution prescribes the following procedure:

• The government automatically ceases its activities at the moment of resignation of the current President;
• After election, submits for consideration a new candidacy for the Chairman of the Government;
• If approved for the position by the State Duma, the new one must form a structure and designate the composition of the Cabinet of Ministers within a week.
• The Duma may reject the candidate, and then the President receives the right to single-handedly appoint the Chairman of the Government, and the procedure provides for the dissolution of the Legislative Assembly.

The government is led by the Chairman. He appoints several deputies from among the ministers. One of them has the right to sign and can replace the Prime Minister during his absence. Other deputies must oversee specific areas. Their responsibilities include coordinating the work of commissions and ministries united within the framework of common issues.

The government consists of ministers, of whom there are twenty-two in the Russian Federation, according to the number of departments. Members of the Government are required to comply with the following restrictions:

• Ministers cannot have their own share in the assets of companies of any organizational form, conduct entrepreneurial activity, engage in any type of work for pay, with the exception of teaching, creativity and science;

• Current members of the Government cannot sit in the chair of deputies at any level, as well as receive any elected positions in the government structure or join any boards of trustees;

• It is not allowed to be a representative of anyone’s interests;

• It is prohibited to use one’s official position for the purpose of one’s own popularization and enrichment;

• A member of the government cannot use his own funds or the funds of sponsors and philanthropists to carry out professional activities;

• Since 2013, ministers have been prohibited from holding deposits in foreign banks or financial assets of foreign companies.

Authority and Responsibility

Functions of the Government- this is the implementation of provisions domestic policy and regulation of foreign policy, issues of public, social and economic life, ensuring strict compliance with existing laws and developing targeted programs. The government is vested with the following powers to solve the assigned tasks:

The Government is responsible for the results and results of its work to the President and Legislative Assembly. Every year it must submit a report to the Duma on the work done. In working order, at the request of legislators, provide them with information on the progress of the process of developing regulations within the limits limited by competence.

Structure of federal executive authorities

Regional governments are part of the executive branch structure. They are empowered to make decisions federal government, unless the Constitution contains rules prohibiting this. Local meetings of ministers can also partially transfer their functions to the Government of the Russian Federation when this complies with the rules of law and is formulated in the relevant agreement.

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Federal Law “On the Government of the Russian Federation” dated December 17, 1997(as amended by the Federal Law on June 19, 2004)

Government of the Russian Federation- highest executive agency state power of the Russian Federation.

Constitutional and legal status of the Government of the Russian Federation includes: legal norms regulating the procedure for formation, term of office, resignation, establishing competence, regulating the procedure for the activities of the Government of the Russian Federation.

Government of the Russian Federation consists of members of the Government of the Russian Federation— Chairman of the Government of the Russian Federation, his deputies and federal ministers.

Procedure for appointing the Chairman of the Government of the Russian Federation(Article 111 of the Constitution of the Russian Federation) - appointed by the President of the Russian Federation with the consent of the State Duma. Proposals for candidacy are made no later than two weeks after taking office again elected President of the Russian Federation or after the resignation of the Government of the Russian Federation or within a week from the date of rejection of the candidacy of the State Duma. The State Duma considers the submitted candidacy within a week. After a three-time rejection of the submitted candidates for the State Duma, the President of the Russian Federation appoints the Chairman of the Government of the Russian Federation, dissolves the State Duma and calls new elections. The Chairman of the Government of the Russian Federation is dismissed from office by the President of the Russian Federation: upon application for resignation; if it is impossible for him to fulfill his powers (the President of the Russian Federation notifies the Federation Council and the State Duma of his dismissal from office). Removal from the position of the Chairman entails the resignation of the Government of the Russian Federation.

Deputy Prime Ministers of the Russian Federation and federal ministers are appointed to and dismissed from office The President of the Russian Federation at the proposal of the Chairman of the Government of the Russian Federation. They have the right to submit their resignations.

List of powers of the Government of the Russian Federation:

1. General issues leadership of federal ministries and other federal executive bodies (management of work, creation of their territorial bodies).

2. General powers (organization for the implementation of internal and foreign policy Russian Federation, regulation in the socio-economic sphere, ensuring the unity of the executive power system).

3. Powers in the economic sphere (regulation economic processes, ensuring the unity of the economic space, forecasting socio-economic development, managing federal property).

4. Powers in the field of budgetary, financial, credit and monetary policy (carrying out a unified policy, developing and reporting on execution federal budget, development and implementation of tax policy, improvement of the budget system, regulation of the securities market, management of public internal and external debt, foreign exchange regulation and foreign exchange control).

5. Powers in social sphere(carrying out a unified state social policy, measures to implement the labor rights of citizens, the rights of citizens to health care, reducing unemployment, a unified state migration policy).

6. Powers in the field of science, culture, education (measures of state support for the development of science, carrying out a unified public policy in the field of education, governmental support culture).

7. Powers in the field of environmental management and protection environment(carrying out a unified state policy in the field of environmental protection, activities for the protection and rational use natural resources).

8. Powers in the field of ensuring the rule of law, the rights and freedoms of citizens, the fight against crime (implementation of state policy in the field of ensuring the security of the individual, society and the state).

9. Powers to ensure defense and state security Russian Federation (equipping the Armed Forces of the Russian Federation with weapons and equipment, providing social guarantees for military personnel).

10. Powers in the field of foreign policy and international relations(implementation of the foreign policy of the Russian Federation, representation of the Russian Federation in foreign countries and international organizations, protection of citizens of the Russian Federation outside its territory, regulation and state control in the field of foreign economic activity).

11. Other powers (ensuring martial law and states of emergency).

If the Constitution of the Russian Federation states (Article 110) that “the executive power of the Russian Federation is exercised by the Government of the Russian Federation,” then the Federal Constitutional Law “On the Government of the Russian Federation” determined that “the Government of the Russian Federation is the highest executive body of state power of the Russian Federation”

a) The Government of the Russian Federation is a state authority of the Russian Federation;

b) The Government of the Russian Federation is a special executive body that, by its nature, is in a specific relationship with other government bodies;

c) The Government of the Russian Federation is the highest executive body, which determines its leadership position and role in the system of executive bodies and, accordingly, subordination relations (power and subordination) with other executive bodies in the Russian Federation. Hence:

The policies and acts of the Government are binding on all federal executive bodies of the Russian Federation without exception;

The Government of the Russian Federation manages the activities of executive authorities of the constituent entities of the Russian Federation on issues assigned by the Constitution (Articles 71 and 72) to the jurisdiction of the Russian Federation and the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation;

Decisions and actions of the Government within the framework of the legal regulation of public relations apply to the activities of executive bodies of local self-government;

Government acts are subject to execution by the administrations of state enterprises, institutions and organizations, as well as other subjects of legal relations.

The legal basis for the Government’s activities consists of four interrelated and subordinate groups of normative legal acts:

a) The Constitution of the Russian Federation;

b) federal constitutional laws, some of which are named in the Constitution and which are designed to clarify and develop its provisions;

c) federal laws regulating the main issues of life of the Russian state and society;

d) regulatory decrees of the President of the Russian Federation, which he is authorized to adopt in accordance with the Constitution.

The procedure for forming the Government of the Russian Federation

Naturally, the formation of the Government of the Russian Federation begins with the appointment of its Chairman.

The appointment of the Chairman of the Government of the Russian Federation occurs with the consent of the State Duma and his right to propose to the President of the Russian Federation both to appoint and dismiss any member of the Government and make him an official who enjoys indisputable authority in relation to any member of the Government.

In accordance with Part 3 of Article 92 of the Constitution of the Russian Federation, in all cases when the President of the Russian Federation is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Russian Federation.

We have already said earlier that the Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma. No one other than the President has the right to nominate a candidate for the Chairman of the Government. The Duma can give consent to the appointment or refuse consent, but it cannot discuss any candidacy other than that submitted by the President of the Russian Federation.

After the appointment of the chairman, the formation of the Government of the Russian Federation is carried out in a simple way: the Chairman of the Government of the Russian Federation proposes to the President of the Russian Federation candidates for specific positions in the Government, and the President considers, selects and appoints them. This process is not public.

The political system and form of government in the Russian Federation does not strictly limit the party nature of the Government of the Russian Federation.

Currently, heads of the executive branch strive to have persons in the Government of the Russian Federation based solely on their professional qualifications, regardless of political views.

Members of the Government cannot hold any other position in state bodies of local self-government, public associations, do not have the right to entrepreneurial activity, as well as any other paid work, except for teaching, scientific or creative work.

The Constitution of the Russian Federation (Part 2 of Article 110) establishes that the Government of the Russian Federation consists of the Chairman of the Government of the Russian Federation, his deputies and federal ministers. The composition of the Government depends on the system and structure federal bodies executive power, which are approved by the President of the Russian Federation depending on the tasks of the executive power in a specific historical period. Only a person who is a federal minister can be a member of the Government of the Russian Federation. Consequently, a leader cannot be a member of the Government federal agency or services. If, according to the structure of federal executive bodies approved by decree of the President of the Russian Federation, the position of the head of any federal executive body (or structural unit) is equated to the position of a federal minister, in this case he has the right to be a member of the Government. For example, the head of the apparatus of the Government of the Russian Federation is a federal minister, i.e., a member of the Government of the Russian Federation.

The Chairman of the Government of the Russian Federation heads the Government, determines in accordance with the Constitution of the Russian Federation, federal constitutional laws, federal laws and by decrees of the President of the Russian Federation the main directions of its activities and organizes its work. Deputy Prime Ministers of the Russian Federation and federal ministers participate with the right of casting vote in meetings of the Government, in the development and implementation of its policies, participate in the preparation of resolutions and orders of the Government of the Russian Federation, ensure their implementation and exercise other powers established by the specified Federal Law “On the Government of the Russian Federation”. The procedure for the activities of members of the Government within the Government is determined in the Government Regulations.

The formation of a new composition of the Government of the Russian Federation occurs in the following cases:

1) when the election of a new President has taken place or he has been re-elected for a second term, and the previous Government has resigned;

2) if the President decided to resign the Government (Part 2 of Article 117 of the Constitution of the Russian Federation);

3) when the Government itself raises the question of resignation, or the State Duma expresses no confidence in the Government and the President of the Russian Federation makes a decision on the resignation of the Government of the Russian Federation (Parts 1,3,4 of Article 117 of the Constitution of the Russian Federation).

Two bodies participate in the formation of the Government of the Russian Federation: the President of the Russian Federation and the State Duma. The formation of the Government begins with the appointment of its Chairman. The Chairman of the Government of the Russian Federation is appointed by the President of the Russian Federation with the consent of the State Duma (Article 111 of the Constitution of the Russian Federation). The stability and consistency of the Government's policies is ensured by the support of the majority in Parliament.

In the event of the temporary absence of the Chairman of the Government of the Russian Federation, his duties are performed by one of his deputies. In the event of dismissal of the Chairman of the Government, the President of the Russian Federation has the right, before appointing a new Chairman of the Government, to entrust the performance of his duties to one of the Deputy Chairman of the Government for a period of up to two months.

The President, at the proposal of the Chairman of the Government, appoints and dismisses Deputy Prime Ministers and federal ministers (clause “d” of Article 83 and Part 2 of Article 112 of the Constitution of the Russian Federation).

The special role of the President of the Russian Federation is reflected in the procedure for appointing heads of a number of federal bodies. According to the Federal Law “On the Government of the Russian Federation” (Articles 12 and 32), the head of state directly and through federal ministers directs the activities of federal executive bodies in charge of issues of defense, security, internal affairs, justice, foreign affairs, emergency prevention and disaster relief natural Disasters. In this regard, he approves, on the proposal of the Chairman of the Government of the Russian Federation, regulations on them and appoints heads and deputy heads of these bodies.

Thus, the head of state has the broadest constitutional opportunities to form the composition of the Government of the Russian Federation.