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Реферат Role of resolutions of the constitutional court of the Russian Federation in perfection of the federal Constitution





cified post [9] .to the rule established by the Constitutional Court the regulation of Part 4 Article 111 of the Constitution of the Russian Federation about the triple deviation of the submitted nominees of the Chairman of the Government of the Russian Federation by the State Duma in interrelation with other positions of the given article mean, that the President of the Russian Federation at entering into the State Duma the offers on nominees to the post of the Chairman of the Government shall have the right to represent the same candidate twice or three times or to represent each time a new candidate. The right of the President to offer this or that nominee and to insist on its approval, on the one hand, and the right of the State Duma to consider the submitted nominee and to decide the question on the consent to assignment, on the other, should be realized in view of the constitutional requirements about the coordinated functioning and interaction of the participants of this process, including on the basis of stipulated by the Constitution of the Russian Federation or not contradicting to it forms of interaction developing in the process of realization of powers of the head of the state in parliamentary practice.the triple deviation submitted by the President of the Russian Federation nominees of the Chairman of the Government of the Russian Federation - irrespective, whether each time there has been represented a new candidate or the same candidate has been represented twice or three times, - the State Duma shall be subjected to dissolution.resolution of the Constitutional Court of the Russian Federation from January 27th, 1999. on the case about interpretation of Articles 71 (item d ), 76 (P. 1) and 112 (P. 1) of the Constitution of the Russian Federation there have considerably been expanded the constitutional norms concerning determination of the structure federal organs of the executive power [10]. The State Duma, having applied to the Constitutional Court with the request, asked to give interpretation on the concept the system of federal organ of the executive power and to explain which act should regulate this system - the federal law or the Order of the President of the Russian Federation.accordance with the decision of the Constitutional Court the system of federal organs of the executive power comprises the Government of the Russian Federation consisting of the Chairman of the Government of the Russian Federation, Deputies Chairman of the Government of the Russian Federation and federal ministers, as well as ministries and other federal organs of the executive power determined in accordance with the Constitution of the Russian Federation, Federal constitutional law laquo ; About the Government of the Russian Federation and other federal laws. On the questions concerning the system of federal organs of the executtve power, not settled by the legislator, the President of the Russian Federation can issue Orders which should not contradict the Constitution of the Russian Federation and the federal laws.concept the structures of federal organs of the executive power includes the list of the concrete organs comprising the system of federal organs of the executive power and providing realization by the Government of the Russian Federation of the tasks and powers assigned to it. The structure of federal organs of the executive power is offered by the Chairman of the Government of the Russian Federation not later than a week in no event after his assignment and is affirmed by the Order of the President of the Russian Federation.and additions in the structure of federal organs of the executive power for the purpose of its reorganization can also be brought by the orders of the President of the Russian Federation which should not contradict the Constitution of the Russian Federation and the federal laws. Thus, such reorganization can be carried out only within the limits of assignments established by the federal law about the budget for the current year.92 of the Constitution of the Russian Federation provides the termination by the President of the Russian Federation of his execution of powers ahead of schedule in case of his resignation, proof inability on the state of health to realize belonging to him powers or dismissals from a post. Thus, the elections of the President of the Russian Federation should take place not later than three months in no event after the moment of the preschedule termination of execution of the powers. In all the cases when the President of the Russian Federation is not capable to carry out his duties, they are temporarily executed by the Chairman of the Government of the Russian Federation.such wording Article 92 of the Constitution it is not clear: whether the Constitution supposes time discharge of duties of the President by the Chairman of the Government only in the cases listed in the given article, or there is possible the wide interpretati...


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