What are the three independent branches of state power in russia

The State System of the Russian Federation

The Russian Federation, or the Russian Federative Republic, was set up bу the Constitution of 1993.

Under the Constitution Russia is а democratic federative law-governed state with а republican form of government. State power in Russia is carried out bу dividing power into three independent branches: legislative, executive and judicial. Each of them is checked and balanced bу the President.

The legislative power belongs to the Federal Assembly (the Parliament). It consists of two chambers. The Upper Chamber is the Council of Federation; the Lower Chamber is the State Duma. Each Chamber is headed bу the Speaker. Both chambers mау initiate а bill. То bесоmе а law а bill must bе approved bу both chambers and signed bу the President. The President mау veto the bill. The members of the Federal Assembly аrе elected bу рорulаr vote for а four-year term.

The President is the head of the State and he determines the basic objectives оf the internal and external policy of the state. Не is elected for а four-year term at the general election bу а secret ballot. The President is the Supreme Commander-in-Chief of the Armed Forces, he makes treaties, enforces laws, appoints ministers to bе approved bу the Federal Assembly.

The executive power belongs to the central and local governments. The Prime Minister heads the central government. The first action of the Prime Minister оn appointment is to form the Cabinet of ministers.

The judicial power belongs to the system of courts. It consists of the Constitutional Court, the Supreme Court and regional courts.

Active vocabulary:

democratic federative law-governed state

legislative / executive / judicial power

initiate a bill

to be elected by popular vote

the head of the State

determine the basic objectives

internal and external policy

central and local governments

the system of courts

Правительство; государственная власть; возглавлять; одобрять; принадлежать; символизировать; независимая ветвь; назначать; сформировать кабинет министров; общие выборы.

4. internal policy

6. approve a bill

7. local government

8. ancient symbol

9. legislative power

10. the Upper Chamber

c) the Lower Chamber

f) executive power

g) modern symbol

h) central government

i) external policy

Reader’s Corner : THE STATE SYSTEM OF RUSSIA

Russia is a democratic federative law-governed state with a republican form of government. The population of Russia is about 150 million people and the territory is 6.6 million square miles. The Russian Federation consists of 89 constituent entities (republics, krays, oblasts, cities of federal significance, an autonomous oblasts and autonomous okrugs, which have equal rights). The authorities of the constituent entities have the right to pass laws independently from the federal government. These laws are valid on the territory of the appropriate federate division, but they cannot contradict the federal laws. In case of conflicts between federal and local authorities, the President uses consensual procedures to resolve the problem. In the event a consensus is not reached, the dispute is transferred to the appropriate court for its resolution. The Russian President has the right to suspend acts passed by local executive authorities in case that these acts conflict with federal laws of Russia, its international commitments, or if they violate the human and civil rights and freedoms until the issue is resolved by appropriate court.

State power in Russia is carried out by dividing power into three independent branches: legislative, executive and judicial. Legislative power belongs to the Federal Assembly (the Parliament). Executive power belongs to the central and local governments. Judicial power is provided by appropriate judicial system and by civil, administrative and criminal legislation.

The President is the head of the state and determines the basic objectives of the internal and external policy of the state. He is elected for four years on the basis of universal, equal and direct right to vote by secret ballot for all eligible citizens. One and the same person cannot serve as President for more than two terms in succession. The President stops performing his duties ahead of time if he resigns, because of impeachment or if he cannot continue to carry out his duties due to poor health. Elections of a new President are to take place within three months and in the meantime his duties are acted upon by the Chairman of the Government of the Russian Federation.

The President appoints, with the consent of the State Duma the Chairman of the Government of the Russian Federation, chairs the meetings of the government, adopts the decisions on the State Duma a candidate for appointment to the post of the Chairman of the Central Bank, presents to the Federation Council candidates for the posts of the Constitutional and Supreme Court justices, Supreme Arbitrage Court justices, and a candidate for the post of Prosecutor General. The President forms and heads the Security Council. He is the Supreme Federation and appoints and dismisses the supreme commanders of the Armed Forces. He appoints diplomatic representatives for approval by the Parliament. He confers supreme military and supreme special titles and honorary titles of the state. He has the right to show mercy and to decide on issues of citizenship. He has the right to introduce the state of emergency throughout the country or in a particular territory within the Russian Federation. The President has the right to dissolve the State Duma, to announce elections ahead of time and pass the decision to conduct a referendum on federal issue.

Ex.12. Scan the text and match the words given below to complete the sentences.

3. Authorities of the republics and regions have the right to pass laws

6. The President has the right to suspend …….. passed by local executive

(constituent entities, federal government, acts, federative, democratic, federal laws)

Ex.13. Choose from the given groups of words the appropriate one which fits each gap.

1. The President uses consensual procedures ……..
(to veto the act, to perform duties, to resolve the problem).

2. The dispute is transferred to the appropriate court ……..
(for its resolution, for suspension, for discussion).

3. State power in Russia is carried out by dividing powers ……….
(between citizens, into three independent branches, for performing duties).

4. The President stops performing his duties ahead of time if he resigns because of ….
(impeachment, a state of emergency, elections).

5. He also selects and releases diplomatic representatives for approval by …………..
(the State Duma, the Parliament, The Chairman of the Government).

Ex.14. Read the text in detail to answer the following questions.

1. What type of state is Russia?

2. Who has the right to pass laws independently from the federal government?

3. When does the President use consensual procedures to resolve the problem?

4. Where is the dispute transferred to in case a consensus is not reached?

5. In which case does the President have the right to suspend acts passed by local executive authorities?

6. What are the three independent branches of state power in Russia?

7. Who determines the basic objectives of internal and external policy?

8. Why are the basic principles of voting when electing the President?

9. Who heads the Security Council?

Ex.15. Word study. Find verbs in the text that correspond to the nouns and translate them.

Election, service, resignation, management, confirmation, decision, introduction, dissolution, assignment, formation, suspension, enforcement.

Ex.16. Match these words and word combinations with their Russian equivalents.

Ex.17. Translator’s Corner: Translate into English the words in brackets.

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Branches of Power in the Russian Federation

The Russian Federation is set up by the Constitution of 1993. It is a federal semi-presidential republic, comprising 85 entities. The federal government consists of three branches: legislative, executive and judicial. Each of them is checked and balanced by the President who is the head of the state.

The President is elected for a term of six years by the citizens of the Russian Federation on the basis of general, equal and direct vote by secret ballot.

The legislative power is vested in the Federal Assembly, the Parliament of the Russian Federation. It consists of two chambers. The Upper Chamber is the Federation Council, which consists of two representatives from each entity of the Federation. The Lower Chamber is the State Duma. It consists of 450 deputies. Each chamber is headed by the Speaker. Legislature may be initiated in either of the Chambers. But to become a law a bill must be approved by both Chambers and signed by the President. The President may veto the bill.

The members of the Federal Assembly are elected by popular vote for a five-year term. They possess immunity throughout their term in office and may not be detained, arrested or searched except when detained in act of committing a crime.

The executive power belongs to the Government which consists of the Chairman of the Government (the Prime Minister), Deputy Chairman of the Government and federal ministers. The Chairman is appointed by the President with the consent of the State Duma.

The judicial branch is represented by the Constitutional Court, the Supreme Court and the regional courts.

Unit 9

Ex. 1.2.

Chapter 7 of the Constitution of the Russian Federation is devoted to Judicial Power. It also determines rights and duties of judges. It is stated that judges may be citizens of the Russian Federation over 25 years of age with a higher education in law and a law service record of not less than five years. The federal law may introduce additional requirements for judges of the courts of the Russian Federation. Judges shall be irremovable and shall possess immunity. The powers of a judge may be ceased or suspended only on the basis of and according to the rules set by federal law. A judge may not face criminal responsibility otherwise than according to the rules set by federal law.

Article 128 of the Constitution states that the judges of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation shall be appointed by the Council of the Federation upon the proposals by the President of the Russian Federation. As for the judges of other federal courts they shall be appointed by the President of the Russian Federation according to the rules set by federal law. It is mentioned that the Constitutional Court of the Russian Federation consists of 19 judges.

Ex. 4.1.A Parking Mistake

Stranger: Excuse me, officer, can you help me?

Police officer: What’s the matter?

S: Someone has stolen my car.

P.O.: When and where did it happen?

S: Two hours ago I parked here and went shopping.

P.O.: What is the type, color and license plate number of your car?

S.: Oh, it’s a white Ford Fiesta, license plate number 456-AK-55.

P.O.: I see. I’ll try to find it, but you should know that you’ve broken traffic rules. You’ve parked your car in the wrong place. There is no parking here. Look at the sign!

S.: Oh! Excuse me, please. I didn’t notice the sign.

P.O.: I think your car was towed away.

S.: How can I find it now?

P.O.: Dial 02 and the duty officer will inform you.

S.: Thank you officer.

P.O.: That’s all right and watch the traffic signs!

Ex. 6.1.Stabbing Incident in Garage

On Monday 5 May 2003, at 10:00 hours, a stabbing incident was reported to the Police Station # 6. The caller stated that the incident had occurred in the garage that was located at grid reference 153-478. Immediately, a police patrol was dispatched to the scene of the incident.

On arrival at the scene of the incident at 10:15 hours the officers observed, that the 50-year-old male garage owner was lying on the floor in the garage and bleeding. He had been stabbed a number of times in the left side of his chest. Due to the very serious condition of the garage owner’s wounds the officers decided to immediately transport the victim by ambulance to the local hospital for treatment.

The twenty two year old male witness to the incident said that at 09:45 hours, while he was 20 meters away from the incident, he observed the garage owner and the offender. It was a male about forty years of age, 185 cm tall, very slim build, with black hair, dressed in blue jeans costume, white shirt and black shoes, arguing loudly with the garage owner. The argument was concerning the 450-euro repair cost that he was being charged on his yellow, van type vehicle, license # 273-KS-846. The witness then stated that he observed the offender removed a knife from his pocket with his right hand and stabbed the garage owner in the chest three times, and then put the knife back in his pocket.

The officers proceeded to the local hospital to interview the victim of the stabbing and to obtain further information about the identity of the offender. Upon arrival at the local hospital the attending doctor advised the officers, that the victim was not awake and was unable to speak with them for several days due to his very serious condition. The doctor gave the telephone number of the hospital as 516-832 and told the officers that they could telephone the hospital and enquire about condition of the victim not earlier than the next morning. The investigation is continuing.

Unit 10

Ex. 1. 3.

National symbols are the symbols of a national community. They are used in national events and celebrations, inspiring patriotism. The unity of the British people is reflected in the nationalsymbols of the United Kingdom.

The Union Jack flag is the most common name for the flagof the United Kingdom. It has been in existence since 1606 when the English flag (the red cross of Saint George) merged with the Scottish flag (the diagonal white cross of Saint Andrew on a blue background). Then, in 1801, the addition of Ireland to the United Kingdom added the Irish flag (the red Saint Patrick’s cross). The term “Union Jack” is attributed to various origins. The “union” is thought to come from the union of the three flags into one and “jack” has for many centuries referred to a small flag flown from a boat or ship.

The United Kingdom Royal Coat of Arms consists of a shield divided into four parts. Three lions symbolize England, a lion rampant – Scotland, a harp – Northern Ireland. A crowned lion – a symbol of national strength and of the British monarchy, and a unicorn – a symbol of purity, support the shield. The crowned lion represents England and the unicorn represents Scotland. The crowned lion is at the top of the Coat of Arms.

The National Anthem, «God Save the Queen,» was written in 1619. When a male monarch is on the throne of England, it is referred to as «God Save the King.»

Ex. 4.3.

The United Kingdom of Great Britain and Northern Ireland is a parliamentary democracy with a constitutional monarch, Queen Elizabeth II, as the head of state. According to the law the Sovereign is the head of the executive branch of the government, which is an integral part of the legislature, as well as the head of the judiciary.

The legislative branch is represented by Parliament, which is divided into the House of Lords and the House of Commons. The executive branch is represented by the Government — the Cabinet which is headed by the Prime Minister.

The judicial system consists of a law court hierarchy: civil courts and criminal courts.

Unit 11

Ex.1.3. = 2.5.

The new Palace of Westminster is the correct name of the Houses of Parliament. It stands on a historic riverside site which links it with the origins of Parliament and the ancient palace of the Norman kings.

This wonderful building combines the historic site of the old royal palace, established by Edward the Confessor and changed by Sir Christopher Wren in 1707, with the good planning and fine decoration of the mid-19 th century, performed by Sir Charles Barry.

The Queen enters the Palace of Westminster only on the day of the State Opening of Parliament. It is a very picturesque ceremony. Crowned and having many of the finest crown jewels on, the Queen goes to the House of Lords (according to an old tradition no King or Queen is allowed to enter the House of Commons) and makes the Speech from the Throne, which tells what laws the Gov­ernment is going to make. The members of the House of Com­mons listen to the Queen standing at the entrance to the House of Lords while its members wearing wigs and gowns sit on red leather benches, arranged in five rows on either side of the House. The speech is not written by the monarch, but rather by the Cabinet, and reflects the Government’s legislative agenda for the coming year.

After the monarch leaves, each Chamber proceeds to the consideration of an «Address in Reply to Her Majesty’s Gracious Speech.» But first, each House considers a bill pro forma to symbolize their right to discuss independently of the monarch. The Bills are considered for the sake of form only, and do not make any actual progress.

Ex. 6.1. Journalist

On the 14 th of May 2003 at 09:30 hrs a fair haired, 180 cm tall, about 35 years old male, with glasses, dressed in blue jeans, brown shoes and black shirt walked into the police station # 3. A young female police officer met him at the duty room and asked him about the reason of his visit. The visitor said, that he was a journalist and needed to speak to the station commander of this police station. The duty officer noticed, that the man looked very upset. She enquired about the reason and the man said, that his photo camera was missing since yesterday evening. He also added, that he was not upset because of the loss of the camera, but mostly because of the loss of the film in this photo camera. The station commander of the police station was not available. He was attending a meeting in the Main Headquarters and the visitor had to wait for 30 minutes, sitting in the waiting room. While he was waiting for the Station Commander, the duty officer gave him a cup of tea. Then the journalist said, that he would not wait longer and left his telephone number as 507-631 asking to call him as soon as the Station Commander would return from the meeting. Then he left the Police Station at 10:00 hrs.

The Station Commander returned from the meeting at 10:15 hrs. The duty officer advised the Station Commander about the journalist. The Station Commander called to the investigation officer and ordered him to call the journalist and to look into the matter. The investigation officer rang the journalist and they agreed to meet at the reception area of the hotel named “21 st Century” at 11:00 hrs. As they met, they walked outside the hotel and sat on the bench in the park. The journalist said, that he was working for a magazine called “Towns and people”. He arrived at the town on the 11 th of May 2003 to take pictures about customs and traditions of the population, living in this town. The job was over and he took 72 pictures. On the 13 th of May at 19:30 hrs he took a taxi from the old bridge over the river to the city center. He thought,that he had forgotten the bag with the photo camera and films in the taxi. The investigation officer asked him to describe the taxi and the taxi driver. The taxi was a yellow 4-door sedan car. The journalist remembered three first figures of the license and letters as 515 KS. According to his description the taxi driver was about 25 years old, slim build, about 175 cm tall, with short black hair, black moustache, dressed in green shirt and grey trousers.

The investigation officer promised the journalist, that he would call him on the progress of the investigation and went to the taxi car park. At the taxi car park he found a yellow taxi license plate 515 KS 616 and the taxi driver opening a black leather bag and looking into it with 2 other taxi drivers standing close to him. The investigation officer displayed his police documents, took the camera with the film and asked the taxi driver to come to the police station today by 16:00 hrs as a witness. The duty officer called the journalist and advised, that his camera and films had been recovered. The case is closed.

Unit 12

Ex.1.3.

England has never had a written constitution. Instead, the English constitutional tradition is based on the substance and procedures of common law, along with key documents, such as the Magna Carta and the English Bill of Rights.

Common Law was established by Alfred the Great, who reigned from 871-899A.D. He compiled the laws and customs of the nation into the «Liber Judicialis,» based on the Ten Commandments and the Golden Rule. Common Law is unwritten and can be learnt by the study of past court decisions and ancient custom.

The Magna Carta is widely considered to be the foundation of the English and U.S. constitutional systems, because for the first time the power of the monarchy was limited by law. King John adopted a document known today as the Magna Carta on June 15, 1215 when he was surrounded on the battlefield by England’s most powerful barons, who demanded royal recognition for certain liberties and legal procedures. The Magna Carta began as a peace treaty between the baronial class and the king, but later symbolized a written contract between the governed and the government, that included the right of rebellion when the government grew despotic or ruled without popular consent. The Magna Carta stressed that no government official, not even a monarch having absolute power, is above the law. It symbolizes equality under the law. It means that all persons, rich and poor, must be treated the same under the law.

The English Bill of Rights grew out of the Glorious Revolution of 1688. During the revolution King James II abdicated and fled from England. He was succeeded by his daughter, Mary, and her husband, William of Orange. Parliament proposed a Declaration of Rights and presented it to William and Mary on February 13, 1689. Only after they accepted the declaration did Parliament proclaim them king and queen of England. Parliament then added several clauses to the declaration and formally enacted the amended bill as the Bill of Rights on December 16, 1689. The Bill of Rights became one of the keystones of the unwritten English constitution. It proclaimed fundamental liberties, including freedom of elections, freedom of debate in Parliament, and freedom from cruel and unusual punishments. The Bill of Rights also barred Roman Catholics from the throne.

Unit 13

Ex.1.3.English lawyers

England is almost unique in having two different kinds of lawyers: solicitors and barristers. The solicitor is the general practitioner, working mainly in the office. The solicitor is the legal adviser of the public. Members of the public are able to call at a solicitor’s office and seek his advice in a personal interview. The barrister is the specialist adviser who spends much of his time in a court-room. A barrister can only be consulted indirectly through a solicitor.

There is approximately one solicitor to every 1300 of the population, with considerable regional and local variations. There is a heavy concentration in commercial centers. The ratio for barristers is about one per every 10,000. Taking the legal profession as a whole there is one practicing lawyer per 1200 people.

The judge is the presiding officer of the court. Judges are not themselves a separate profession: they are barristers who have been elevated to the bench. The professional judges “High Court Judges” deal with the most serious crimes. They are paid salaries by the state.

Alongside professional judges there are unpaid judges who work voluntarily. They are called “Magistrates” or “Justices of the Peace” (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense” and understanding of their fellow human beings.

Ex. 2.6.

The Supreme Court is a wholly independent court of appeal which further separates the powers exercised by the judiciary and the upper house of parliament in the UK. It replaced the House of Lords as the highest appellate court in the United Kingdom in October 2009. It also assumed the devolution (передачу) jurisdiction of the Judicial Committee of the Privy Council (Тайного Совета).

The new Supreme Court sits in a separate building from the Houses of Parliamentwhere the judicial committee (of the House of Lords) formerly acted as the UK’s final court of appeal. A former Crown Court building in Parliament Square was reopened as the Supreme Court on 1 October 2009.

The Supreme Court is composed of 12judges who are appointed for life.

Although the Appellate Committee of the House of Lords is abolished, the 2005-06 serving Law Lords kept their judicial office in the new Supreme Court. Newly appointed members of the Court take no peerage, instead bearing the formal title Justice of the Supreme Court. Under the act such judges also have a title of Lord or Lady, for the purpose of ensuring there is no hierarchy among the JSCs. The Lord Chief Justice replaces the Lord Chancellor as head of the English judiciary.

The political system of the Russian Federation: President and Government

State power is exercised by the following bodies: the President, the Federal Assembly (the State Duma and the Federation Council), the Government and the courts. State power in the regions of the Russian Federation is exercised by regional state authorities.

Local self-government is not part of the system of state authorities, they are independent within their powers.

President of the Russian Federation

The President of the Russian Federation is the Head of State. He (she) is the guarantor of the Constitution of the Russian Federation and of human and civil rights and freedoms, he (she) adopts measures to protect the sovereignty of the Russian Federation, its independence and State integrity, and ensures the coordinated functioning and interaction of State government bodies. The President of the Russian Federation determines the basic objectives of the internal and foreign policy of the State and represents the Russian Federation within the country and in international relations. The President is the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation.

See also

Constitution of the Russian Federation

The President is elected for six years by citizens of the Russian Federation. Any Russian citizen not younger than 35 years who has resided in the Russian Federation on a permanent basis for not less than 10 years may be elected President.

The President may be impeached by the Federation Council only on the basis of charges of high treason or of another grave crime brought by the State Duma.

In order to increase the effectiveness of the activities of the federal government bodies and to improve the system of control over the execution of their decisions, federal districts, to which the President appoints his (her) Plenipotentiaries, were created in 2000.

Federal districts are not regions or another constitutional part of the administrative-territorial division of the Russian Federation.

Plenipotentiaries of the President are not district’s governors or chiefs of the heads of constituent entities (regions) of the district and they are just representatives of the President and members of the Presidential Administration. Plenipotentiaries of the President have no constitutional powers.

Executive power is exercised by the Government of the Russian Federation. The Chairman (Prime Minister) is appointed by the President with the consent of the State Duma. In the event that the State Duma rejects the candidates for the post of Chairman of the Government three times, the President appoints the Chairman of the Government, dissolves the State Duma and announces new elections.

The Government consists of the Chairman of the Government of the Russian Federation, deputy chairmen and federal ministers. The Government heads the system of federal executive bodies: ministries, federal services and federal agencies. However, there are ministries, federal agencies and services that report directly to the President, for example, the Ministry of Internal Affairs, the Ministry of Emergency Situations, the Ministry of Foreign Affairs, the Ministry of Defense, etc.

Local self-government in the Russian Federation provides for the independent resolution by the population of issues of local importance, and the possession, use and management of municipal property. It is exercised by citizens by means of referendum, elections and other forms of direct expression of their will, and through elected and other bodies of local self-government.

The State Power System in the Russian Federation

The State Power System in the Russian Federation

In 1992 — shortly after the Soviet Union broke up — Russia established a transitional (temporary) government headed by Boris N. Yeltsin. Yeltsin had been elected president of the R.S.F.S.R. in 1991. After the break-up of the Soviet Union, Yeltsin continued to serve as president of Russia. In December 1993, Russia adopted a new constitution that established a permanent government.

Russia is a democratic federative state based on rule of law and a republican form of government. State power in Russia is exercised by the President, the Federal Assembly, the Government and the courts.

One of the basic principles of constitutional government is the division of powers. In accordance with this principle, power must not be concentrated in the hands of one person or one institution, but must be divided among the legislative, executive and judicial branches of power. The division of powers requires that there be a clear delineation of responsibilities and a system of checks and balances so that each branch of power can offset the others.

The President is at the summit of the system of state power. He ensures that all the state institutions are able to carry out their responsibilities and keeps watching over them to ensure that no institution can encroach on another’s prerogatives, attempt to usurp power in the country or take over another’s powers.

The president of Russia is the governments chief executive, head of state, and most powerful official. The president is elected by the people to serve a four-year term. The president, with the approval of the lower house of parliament, appoints a prime minister to serve as head of government. The prime minister is the top-ranking official of a Council of Ministers (cabinet). The council carries out the operations of the government.

Each institution of state power is only partially responsible for enforcing the Constitution. Only the President has the responsibility of safeguarding the state system, the state’s sovereignty and integrity overall. This is the guarantee that the other state institutions and officials can exercise their powers in a normal constitutional fashion.

The President’s place in the state power system is tied to his constitutional prerogatives regarding, above all, the executive branch of power. Legally, the President is distanced from all the branches of power, but he nonetheless remains closer to the executive branch. This closeness is reflected in the specific constitutional powers the President exercises as head of state.

The origins of this constitutional situation lie in the particularities of the way the government is formed in Russia. The Constitution does not link the process of forming a government to the distribution of seats in parliament among the different political parties and fractions. In other words» the party with the majority in parliament could form the government, but the government does not have to be formed according to this principle. Both approaches would be in keeping with the Constitution. But a situation where the governments makeup does not reflect the parliamentary majority can be a source of problems for many aspects of the executive branch’s work, especially law-making. Such problems could reduce the effectiveness of the executive branch’s work and make it unable to resolve pressing tasks.

In order to overcome such a situation, the Constitution gives the President a number of powers that he can use on, an ongoing basis to influence the government’s work. These powers include approving the structure of the federal executive bodies of power, appointing deputy prime ministers and ministers, the right to preside government meetings, exercise control over the lawfulness of the government’s action, and direct subordination of the security ministries to the President. The President has the right to dismiss the government or to accept the Prime Ministers resignation, which automatically entails the resignation of the government as a whole.

The President works with two consultative bodies — the Security Council and the State Council. The President chairs these two councils. The system of Presidential power includes the Presidential Plenipotentiary Envoys in the Federal Districts.

Государственная система власти в Российской Федерации

В 1992 — вскоре после того, как Советский Союз распался, Россия учредила временное правительство, возглавляемое Борисом Ельциным. Ельцин был избран президентом РСФСР в 1991 г. После распада Советского Союза Ельцин продолжал быть президентом России. В декабре 1993 г. Россия приняла новую конституцию, которая учредила постоянное правительство.

Россия — демократическое федеративное государство, основанное на верховенстве закона и республиканской форме правления. Государственная власть в России осуществляется президентом, федеральным Собранием, Правительством и судами.

Один из основных принципов конституционного правительства — разделение полномочий. В соответствии с этим принципом, власть не должна быть сконцентрирована в руках одного человека или одного учреждения, но должна быть разделена среди законодательных, исполнительных и судебных ветвей власти. Разделение полномочий требует, чтобы четкий перечень обязанностей и система контроля были сбалансированы так, чтобы каждая ветвь власти могла заменить другую.

Президент возглавляет систему государственной власти. Он гарантирует, что все государственные учреждения в состоянии выполнить свои обязанности и следит за ними, чтобы гарантировать, что никакое учреждение не может вторгнуться в чьи-либо прерогативы, попытаться узурпировать власть в стране или принять чьи-либо полномочия.

Президент России — глава государства. Президент избирается людьми, чтобы отслужить четырехлетний срок. Президент, с одобрения нижней палаты парламента, назначает премьер-министра в качестве главы правительства. Премьер-министр — высокопоставленный чиновник Совета Министров. Совет осуществляет действия правительства.

Каждое учреждение государственной власти только частично ответственно за исполнение Конституции. Только у президента есть ответственность за охрану государственной системы, суверенитета государства и целостности. Это гарантия, что другие государственные учреждения и чиновники могут осуществить свои полномочия нормальным конституционным способом.

Президентское место в государственной системе власти привязано к его конституционным прерогативам и это касается, прежде всего, исполнительной ветви власти. Юридически, президент дистанциирован от всех ветвей власти, но он тем не менее остается ближе к исполнительной власти. Эта близость отражена в определенных конституционных полномочиях, которые президент выполняет в качестве главы государства.

Происхождение этой конституционной ситуации лежит в особенностях способа формирования правительства в России. Конституция не связывает процесс формирования правительства с распределением мест в парламенте среди различных политических партий и фракций. Другими словами, партия с парламентским большинством могла бы сформировать правительство, но правительство не должно быть сформировано согласно этому принципу. Оба подхода были бы в соответствии с Конституцией. Но ситуация, где создание правительства не отражает парламентское большинство, может быть источником проблем для многих аспектов работы исполнительной власти, особенно законотворчества. Такие проблемы могли бы уменьшить эффективность работы исполнительной власти и сделать невозможным решение неотложных задач.

Чтобы преодолеть такую ситуацию, Конституция дает президенту многие полномочия, которые он может использовать, чтобы влиять на работу правительства. Эти полномочия включают одобрение структуры органов власти, назначение заместителей премьер-министра и министров, право председательствовать на правительственных встречах, осуществлять контроль над законностью действия правительства, и прямое подчинение министерств безопасности президенту. Президент имеет право распустить правительство или принять отставку премьер-министра, которая автоматически влечет за собой отставку правительства в целом.

Президент работает с двумя совещательными органами — Советом Безопасности и Государственным Советом. Президент возглавляет эти два совета. Система Президентской власти включает Полномочных Представителей Президента в Федеральных округах.