Sultanova A.A. On the Transformation of the Administrative and Legal Status of the Prime Minister of the Russian Federation: Political and Legal Aspect
DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.15
Anna A. Sultanova, Candidate of Sciences (Philosophy), Associate Professor, Department of Civil Procedure Law, The West Siberian Branch of the Russian State University of Justice, Prosp. Lenina, 2, 634050 Tomsk, Russian Federation; Associate Professor, Department of Civil Law, Tomsk State Pedagogical University, Kievskaya St, 60, 634061 Tomsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5325-7702
Introduction: after the adoption of Federal Constitutional Law of 14.03.2020 No.1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” and its approval in the course of the all-Russian vote with the subsequent amendments to the Constitution of Russia, it was necessary to revise a number of normative legal acts concerning the regulation of issues of the organization of public power. In particular, the amendments to the Constitution changed the procedure for the formation and functioning of the Government of the Russian Federation and changed the administrative and legal status of not only the Government, but also its Chairman, as well as the members of the Government, which required the adoption of a new Federal Constitutional Law “On the Government of the Russian Federation”. In this connection, the author aims to study the transformation of the administrative and legal status of the Prime Minister. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including the comparative legal method, the method of system-functional analysis, comparative legal analysis. Results: the author’s wellfounded position on the essence of the transformation of the administrative and legal status of the Prime Minister is based on the analysis of the dynamics of the legislation development and is confirmed by modern competent research in the field of constitutional and administrative law. Based on the comparative legal analysis, the study of the elements of the administrative and legal status of the Prime Minister is carried out. The questions are raised about the directions of the transformation of the administrative and legal status in the context of the amendments to the Constitution of 2020. Conclusions: as a result of the study, it is concluded that the administrative and legal status of both the Prime Minister and the Government itself is increasingly dependent on the President, which gives the grounds for researchers to conclude that it is necessary to define Russia in the direction of the classical form of republican government: either presidential or parliamentary. The author proves that the administrative and legal status of the Prime Minister has undergone a number of changes in terms of restricting his rights, including in the formation of the structure of the executive authorities, the management of the Government activities, reporting and responsibility to the President, etc. At the same time, the powers of the President to lead the executive authorities have been expanded, which leads to the idea of Russia’s becoming a classic presidential republic, when the President heads the Government.
Key words: the Government of the Russian Federation, administrative and legal status of the Prime Minister, administrative and legal status of the Government, supreme executive authority, powers of the Government of the Russian Federation, Prime Minister, public authorities, President, Constitution.
Citation. Sultanova A.A. On the Transformation of the Administrative and Legal Status of the Prime Minister of the Russian Federation: Political and Legal Aspect. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 2, pp. 114-120. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.2.15
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