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MADINA Kh. KURDANOVAа
аRussian Presidential Academy of National Economy and Public Administration
DOI: 10.22394/2070-8378-2022-24-2-6-13
Abstract:
The article is devoted to the study of the peculiarities of the formation of the post of the President of the Russian Federation and the constitutional parameters of his relationship with the legislative, executive and judicial authorities. The relevance of the chosen topic is determined by the importance of the constitutional reforms carried out in 2020, the lack of significant number of scientific assessments of the results of the reform, the prospects for changing the principles of work of public authorities based on its results. Based on generally accepted scientific methods, based on the results of the analysis, it is substantiated that the 2020 constitutional reform introduced a number of new elements into the constitutional mechanism for the separation of powers without affecting its fundamental foundations. In support of this conclusion, a historical excursion is dedicated to the establishment of presidential rule in Russia in the conditions of centrifugal tendencies of the perestroika period, revealed the differences in the “late Soviet” ideas about the functional composition of the powers of the head of state, showed the main milestones in the evolution of doctrinal judgments about the role of the president in the constitutional mechanism of separation of powers, developed in the modern period. The article examines the features of the constitutional reform that took place, assesses the strategy of targeted adjustments to constitutional norms, developed with the direct participation of the President of Russia Vladimir V. Putin. Attention is also paid to the sociological dimension of support for the constitutional initiatives of the head of state, as well as a special procedure for their legitimization. Positive assesses are given the establishment of a mechanism for the implementation of preliminary constitutional review, since this strengthens the guaranteeing function of the head of state and his powers as a guarantor of constitutional rights and freedoms of citizens. In the context of limiting the period of tenure of the head of state by two constitutional terms, the adopted decisions serve as a condition for increasing the protection of citizens. In addition, they help to prevent a possible political crisis in the context of disagreements between the parliament and the head of state. The approval of amendments to the constitutional text at the all-Russian vote became an act of real democracy, which guaranteed the stable development of the country and civil society. The procedure of the all-Russian voting as a form of direct democracy has prospects for further use in electoral law. All-Russian voting has no historical analogues, but the experience of its holding has shown that in modern conditions a new democratic electoral standard can be formed.
Keywords:
presidency, elections, head of state, separation of powers, democracy
Received:
August 17, 2021
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