Presidential powers in the system of state supervision in the management sphere of the russian federation

AutorZhanna (Joan) I. Ovsepyan - Valentina V. Zhelo
CargoProfessor, Doctor of Legal Sciences, The Head of Department of State (Constitutional) Law, Faculty of Law, Southern Federal University, Russian Federation - Candidate of Legal Sciences, Associate Professor of Department of State (Constitutional) Law, Faculty of Law, Southern Federal University, Russian Federation
Páginas50-81
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
50
PRESIDENTIAL POWERS IN THE SYSTEM OF STATE
SUPERVISION IN THE MANAGEMENT SPHERE OF THE
RUSSIAN FEDERATION.
Zhanna (Joan) I. Ovsepyan1
Valentina V. Zhelo2
Abstract:
1. Rationale is determined by increase
of convergence processes in
constitutional and administrative and
legal regulation of public administration
sphere in democratic states, which is one
of legal indications of trends to
  
development. The practice of perception
    
principle of branches of government and
     
administration is featured with
significant country-specific peculiarities
and, at times, high dynamism in states
with a mixed government, and is
observed, firstly, via studies of
modifications of arrangement and status
of individual responsibility, politico-
legal institution of the chief executive.
2. Aim of the article is to reveal, based
1 Professor, Doctor of Legal Sciences, The Head of Department of State (Constitutional) Law,
Faculty of Law, Southern Federal University, Russian Federation Ovsepyan-G-I@yandex.ru
2 Candidate of Legal Sciences, Associate Professor of Department of State (Constitutional) Law,
Faculty of Law, Southern Federal University, Russian Federation
on the study of development of president
status regulation by constitution and
administrative and legal mechanisms,

system under conditions of mixed
government, i.e. semi-presidential
republic in the Russian Federation,
related to confirmation of constitutional
and legal fundamentals of presidential
power as an independent branch, its
identification with executive (partially)
and control (mainly) branches.
3. The leading approach to the study
of this issue is as follows. Mechanism of
interaction, competition (but not
  
   
ensured by corresponding organizational
and legal forms of their activities. In
order to ensure the effective functioning
 
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
51
is necessary to consider that each of the
branch of government are realized
through the same organizational and
legal forms, that is, also, by means of
rule-making and on the basis of positive
law enforcement, and both law
enforcement and control activities. At
that, functions conforming with
lawmaking, law enforcement and
administration, or control forms of each
branch activities are implemented only
within the ranges and framework of the
corresponding branch purposive
appointment. [3. p. 24].
4. Results.
A). Due to convergence of constitutional
and administrative and legal regulation,
in the scientific community, there
sometimes sound diametrically opposed
judgments on future of structure of state
based on division of powers: from
    of
   
   

It seems, that overuse of the power
division, acceptance of multiple centers
of power in state practice may inspire
trends towards weakening of state, which
is unwelcome for enforcement of rights
and freedoms. However, some extension
of classic system is feasible. Thus,
regarding mixed forms of government, it
is worthwhile to agree with necessity for
on of
    
extraction of control branch of
government.
B). State control as an organizational
and legal form of activity is inherent to
each branch of power. Among the
variety of constitutional control, there
should be distinguished: Presidential
control, parliamentary control, judicial
control and control in the system of
executive branch. However, as the
branch of government in a presidential-
parliamentary Republic, the
constitutional control is identical to
presidential status. In control powers,
there is the great (exceeding) force of
presidential powers concealed in semi-
presidential republic as compared to
presidential powers in classic
presidential republic.
C). In the course of operational
(practical) activities, heads of states
(chief executives), in most countries,
exercise their constitutional powers,
relying on apparatuses, not
constitutionally established structures
which status is rather based on
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
52
administrative regulations, or
administrative discretion rights. In
Russia, the Executive Office of the
President (similar to the corresponding
organization in some other countries)
relies on constitutional provisions, which
is more corresponding to the
requirements of constitutional system
with regard to remarkable factual
significance of the specified institutions
for mechanism of individual
responsibility powers exercising.
D). Presidential control in the Russian
Federation, by its nature, is a form of
constitutional control. The peculiarity of
presidential branch of power in Russia
(as a semi-presidential one) is that it is a
synthesis of three foreparts: The status of
head of state (highest representative of
the Russian state and arbitrator of
constitutionally established authorities);
status of president as the chief executive;
constitutional control powers of the
President.
E). In composite (federate) states, the
powers of the president in area of
constitutional control of federate
    
important to ensure unity and territorial
integrity of state, prevent and preclude
conflicts in legal system. In Russia, in
this framework, the activity of the RF
President is rather important, including
the one based on interaction with courts
and Russian procuratorial bodies. The
Constitution of the Russian Federation
(1993) envisages a wide range of
restrictions of presidential control
regarding the subjects of the Russian
Federation, which are ensuring effect of
constitutional state and federalism
principles announced in the Constitution.
F). Maintenance of balance between
constitutional and administrative
regulation of public administration
sphere in a democratic state is the
condition of moderate balance of powers

system.
5. Materials of the article may be
useful when improving legislation and
practice of states with a mixed form of
government (semi-presidential republic)
for development of constitutional control
academical doctrine, for improvement of
heads of states statuses under conditions
of mixed forms of government.
Keywords:  

State administration and administrative


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