Chepus A.V. The Government of the Russian Federation: the Composition and Procedure of its Formation

Abstract:  The article is devoted to the research of constitutional and legal regulation of process of formation of the Russian Government, the main problems arising in legal regulation during appointment of the Russian Chairman of the Government and his further actions for formation of the entire government. In his article Chepus analyzes historical milestones of formation of the government in work. Special attention is paid to the current state of this process, relationship between the parliament and the President of the country in this sphere. The researcher also considers the status and the legal position of so-called "ministers without portfolio". Special attention is paid to the analysis of standards of regulations of Federal Assembly of Russia as well as to the decisions and practice of the Constitutional Court of the Russian Federation. In this connection the author comes to the conclusion that selection of a candidate for the Russian Chairman of the Government presented to the State Duma for approval (disapproval) is an unfettered right of the Russian President allowing the head of state to define concrete options of the execution of his right. In his research Chepus has used the following methods: systems approach, comparative method, legalistic and logical methods, doctrinal interpretation, analogy of the law and right. At the end of the article the researcher makes short conclusions based on the carried-out analysis of the material and offers a thesis that a special constitutional legal status of the executive authority in Russia and the process of formation of the Government of the Russian Federation happen under the political influence of the President. 

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