Russia - presidential republic: constitutional and legal research
Автор: Navalny S.V., Aleksandrova K.I.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 1 (15), 2020 года.
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Today among the scientists-theorists of the state and political scientists the question of the form of the government created in Russia on the basis of the adoption of the Constitution of 1993 and new amendments being prepared now in which these aspects will be studied again is particularly acute. Now in the science of constitutional law a uniform position concerning the form of the government created in the Russian Federation is missing. Established practices allow allocating the following views of the republic: parliamentary, presidential, mixed, superpresidential, and a great number of others. Thus within a separate view of the republic there can be subspecies (for example, Russia today, according to a number of authors, represents "presidential republic with strong executive power"). And there are other points of view. So, a number of scientists-jurists believe that the form of government of modern Russia, first, mixed republic (O.E. Kutafin, V.I. Fadeev); secondly, presidential (M.N. Marchenko, V.S. Nersesyants, L.A. Morozova,V.E. Chirkin); thirdly, superpresidential. It is considered by the authors that Russia is presidential republic. Thus under presidential republic that form of the government in which the main acting subject is the head of state is considered. The proceeding from it, the establishment of intrinsic signs of specified views of the republic is expedient. It is about formal and certain signs, the existence of separate constitutional precepts of the law, the accounting of political and legal reality. The answer is hidden in the concept of the form of the government, and indirectly through it - in the effect of the authorities, its influence on the relations formed in the state. To understand the positions opening this process theoretical constitutional and legal research is conducted. The positions of various authors on the matter are considered, historical material is generalized and conclusions are located. Following the norms of constitutional law, it is necessary to emphasize that on formal legal grounds the form of the government of modern Russia is presidential republic in spite of the fact that at it there is a number of signs peculiar to the superpresidential republic. The amendments being suggested to be made in the Constitution will allow deciding this item finally.
Republic, presidential republic, comparative and legal analysis, forms of government, succession of authorities, elections
Короткий адрес: https://sciup.org/140249957
IDR: 140249957 | DOI: 10.36718/2500-1825-2020-1-91-102